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Trade Regulation Talk 

John W. Arden is the Executive Editorial Director for the CCH Trade Regulation group of Wolters Kluwer Law & Business, a leading provider of research information and workflow solutions in antitrust and trade regulation, as well as other key specialty areas. He has written and edited legal publications for more than 25 years, focusing on the areas of antitrust, advertising, franchising and distribution law, and intellectual property.
Post Frequency: 3.6/day Last Entry: July 14, 2015 at 19:48:00 Recent Entries: 820
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Federal Bills on Breach Notification,
Posted on January 09, 2009Federal Bills on Breach Notification, SSN Use Introduced in SenateThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Two bills proposing federal laws regulating consumer privacy were introduced in the Senate on January 6...
FTC Recommends Measures to Prevent
Posted on January 08, 2009FTC Recommends Measures to Prevent Use of SSNs in Identity TheftThis posting was written by Cheryl Beise, Editor of CCH Guide to Computer Law, and John W. Arden.The Federal Trade Commission on December 17 unanimously adopted a report recommending five measures to help prevent Social Security Numbers (SSNs) from being used for identity theft...
Record Number of Jurisdictions
Posted on January 08, 2009Record Number of Jurisdictions Regulate Mergers, New Aspen Publication FindsThis posting was written by John W. Arden.A record 115 jurisdictions worldwide currently regulate mergers and acquisitions, according to Worldwide Merger Notification Requirements, a new publication from Aspen Publishers, written and edited by attorneys at White & Case LLP...
MySpace?s Blocking of Links to
Posted on January 07, 2009MySpace?s Blocking of Links to Rival Site Not Unlawful ExclusionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The operator of the social networking website MySpace would not have engaged in unlawful exclusionary conduct or caused antitrust injury by redesigning its site to prevent users from linking to or viewing content hosted on a rival?s site, the U...
States Collaborated with Federal
Posted on January 05, 2009States Collaborated with Federal Antitrust Enforcers in 2008This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.State antitrust enforcers worked with the Department of Justice Antitrust Division to assert competition concerns related to a number of large mergers and acquisitions in 2008...
FTC Has Active Enforcement Year
Posted on December 31, 2008FTC Has Active Enforcement Year in 2008This posting was written by CCH Trade Regulation staff.In the last year of an administration that de-emphasized federal enforcement of antitrust and consumer protection law, the Federal Trade Commission nevertheless had a very active year...
Cartel Crackdown Highlighted DOJ
Posted on December 30, 2008Cartel Crackdown Highlighted DOJ Antitrust Enforcement in 2008This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Cartel enforcement was once again the focus of the Department of Justice Antitrust Division in 2008. Cartel activity was the target of a significant number of the more than six dozen civil and criminal federal court actions resulting from Antitrust Division investigations...
Employee Benefits Company Failed
Posted on December 30, 2008Employee Benefits Company Failed to State Per Se Boycott ClaimThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.An employee benefits firm that marketed ?an innovative strategy for controlling health care costs? failed to allege that a life insurance company and independent agents engaged in a per se illegal boycott, the U...
Wrongfully Terminated Franchisee
Posted on December 24, 2008Wrongfully Terminated Franchisee Denied Damages on Retrial This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A bioremediation service franchisee, whose two franchises were terminated as a result of the franchisor?s breach of contract and breach of fiduciary duty, was denied damages for either lost profits or the value of its businesses...
FTC Amends Rules for Administrative
Posted on December 23, 2008FTC Amends Rules for Administrative TrialsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission issued interim final rules on December 23, 2008, amending Parts 3 and 4 of its Rules of Practice. The amended rules are intended to expedite the Part 3 process for administrative trials...
a href="http://photos1.blogger.com/blklbcch.3.jpg"img
Posted on December 22, 2008a href="http://photos1.blogger.com/blklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongFTC Seeks Dismissal of Whole Foods' Court Challenge to Administrative Proceeding/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter...
a href="http://photos1.blogger.com/blklbcch.3.jpg"img
Posted on December 19, 2008a href="http://photos1.blogger.com/blklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongTerminated Franchisee Must Pay Franchisor Past Due, Future Royalties/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by Peter Reap, Editor of CCH Business Franchise Guide...
a href="http://photos1.blogger.com/blklbcch.3.jpg"img
Posted on December 18, 2008a href="http://photos1.blogger.com/blklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongGift Card Suit Not Barred by Receipt of Card from Employer/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by William Zale, Editor of CCH Advertising Law Guide...
a href="http://photos1.blogger.com/blogger/8082/3055/1600/wklbcch.3.jpg"img
Posted on December 17, 2008a href="http://photos1.blogger.com/blogger/8082/3055/1600/wklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongTrade Regulation Tidbits/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by Jeffrey May, Darius Sturmer, and John W...
a href="http://photos1.blogger.com/blklbcch.3.jpg"img
Posted on December 16, 2008a href="http://photos1.blogger.com/blklbcch.3.jpg"img style="FLOAT: left; MARGIN: 0px 10px 10px 0px; CURSOR: hand" alt="" src="http://photos1.blogger.com/blogger/8082/3055/320/wklbcch.0.jpg" border="0" //abr /br /br /br /span style="font-size:130%;"strongConsumers Could Not Establish California Unfair Competition Claim Absent Injury, Causation/strongbr /br //spanspan style="font-size:100%;"span style="FONT-STYLE: italic"This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law...
?Light? Cigarette Suit Not Barred
Posted on December 15, 2008?Light? Cigarette Suit Not Barred by Federal Law, FTC Actions: U.S. Supreme CourtThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Smokers can pursue a suit based on claims that tobacco company Philip Morris violated the Maine Unfair Trade Practices Act by advertising and promoting ?light? cigarettes, the U...
Toy Maker Gets Early Christmas
Posted on December 12, 2008Toy Maker Gets Early Christmas Gift?Dismissal of Rival?s False Ad SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Seattle has given toy maker Rose Art Industries, Inc. an early Christmas gift...
Sony Agrees to $1 Million Penalty
Posted on December 11, 2008Sony Agrees to $1 Million Penalty for Child Privacy Practices of Music Fan WebsitesThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Sony BMG Music Entertainment (Sony Music) has agreed to pay $1 million as part of a settlement to resolve Federal Trade Commission charges that it violated the Children?s Online Privacy Protection Act (COPPA) and the Commission?s implementing Rule, the FTC announced on December 11, 2008...
Whole Foods Attempts to Block FTC
Posted on December 10, 2008Whole Foods Attempts to Block FTC Administrative Proceedings on Merger This posting was written by John W. Arden.Whole Foods Market has filed a federal lawsuit attempting to prevent the FTC from conducting an administrative trial on February 16, 2009 regarding last year?s Whole Foods-Wild Oats merger...
Chinese Firms Not Immune from Vitamin
Posted on December 09, 2008Chinese Firms Not Immune from Vitamin Price Fixing Claims This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Chinese manufacturers of vitamin C were not entitled to dismissal of price fixing conspiracy claims against them on the basis of any of three doctrines of foreign sovereign immunity?act of state, foreign sovereign compulsion, or international comity, the federal district court in Brooklyn has ruled...
U.S. Supreme Court Hears ?Price-Squeeze?
Posted on December 08, 2008U.S. Supreme Court Hears ?Price-Squeeze? CaseThis posting was written by CCH Washington Correspondent John Scorza.The U.S. Supreme Court took up the question of whether a plaintiff states a claim under Section 2 of the Sherman Act by alleging that the defendant?a vertically integrated retail competitor with an alleged monopoly at the wholesale level but no antitrust duty to provide the wholesale input to competitors?engaged in a ?price squeeze? by leaving insufficient margin between wholesale and retail prices to allow competitors to compete...
RPM Ruling Blamed for Eliminating
Posted on December 05, 2008RPM Ruling Blamed for Eliminating Discounting, Prompting Higher Prices, Fewer ChoicesThis posting was written by CCH Washington Correspondent John Scorza and John W. Arden.Consumers are paying more for many products as a result of an antitrust decision issued last year by the U...
Massachusetts Extends Deadline
Posted on December 05, 2008Massachusetts Extends Deadline for Compliance with Personal Information Security RulesThis posting is from CCH Financial Privacy Law Guide.The Massachusetts Office of Consumer Affairs and Business Regulation (OCABR) has pushed back the deadline for compliance with standards for how businesses must protect and store consumers? person information, it was announced on November 14...
ABA Antitrust Section Offers Recommendations
Posted on December 04, 2008ABA Antitrust Section Offers Recommendations for Incoming AdministrationThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The American Bar Association Section of Antitrust Law on November 25 submitted a transition report to President Elect Barack Obama, offering its views on the current state of federal antitrust and consumer protection enforcement, as well as recommendations regarding prospective policies and initiatives...
FTC Asks High Court to Review Standard-Setting
Posted on December 03, 2008FTC Asks High Court to Review Standard-Setting CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has petitioned the U.S. Supreme Court to review a federal appellate court decision that set aside a Commission finding that Rambus, Inc...
Restriction on Transfer of Prescription
Posted on December 01, 2008Restriction on Transfer of Prescription Data for Marketing Use Did Not Violate Free SpeechThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A New Hampshire law that prohibited certain transfers of physicians' prescribing histories for use in marketing campaigns by pharmaceutical manufacturers did not unconstitutionally restrict commercial speech, the U...
First Amendment Protects Video
Posted on November 26, 2008First Amendment Protects Video Game Parody from California Unfair Competition Law ClaimThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A strip club operator did not state a California Unfair Competition Law (UCL) claim against the maker of Grand Theft Auto: San Andreas, a video game that featured a cartoon parody of the club, according to the Ninth U...
Failure to Meet Construction Deadlines
Posted on November 25, 2008Failure to Meet Construction Deadlines Was Cause for Termination of DealershipThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A motor vehicle manufacturer had "good cause" under the meaning of the Massachusetts motor vehicle dealership law to terminate a dealership for its failure to meet the interim facility construction deadlines in their letter of intent, the U...
No Rehearing of Appellate Decision
Posted on November 24, 2008No Rehearing of Appellate Decision in Whole Foods Merger CaseThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Whole Foods Market, Inc. on November 21 was denied rehearing en banc of a federal appellate court?s decision that the FTC was improperly denied a preliminary injunction blocking the combination of Whole Foods and specialty grocer Wild Oats Markets Inc...
FTC Proposes Revisions to Endorsements,
Posted on November 21, 2008FTC Proposes Revisions to Endorsements, Testimonials GuidesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC has proposed revising its guides for endorsement and testimonial advertising practices to state that non-typical testimonials on a key aspect of the advertised product should be accompanied by clear and conspicuous disclosure of generally expected results when the advertiser does not possess adequate substantiation for the representation...
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Restaurant Sued for Throwing Wok at Chinese Talk
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When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...
When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...
Trade Secrets
Former execs are hit with doctrine of inevitable disclosure.
How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
What can be done to stop "Harry T. Keane Jr" from persuig his Entertainment Fraud Business ?
Harry Keane in the Dallas Tx area is a fraud. He cannot tell the truth. His whol...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Can I sue my employer for creating a hostile work environment and lying about my work performance to get me to quit?
How does the owner of the business feel about all of this? I suggest that you tr...

How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
What can be done to stop "Harry T. Keane Jr" from persuig his Entertainment Fraud Business ?
Harry Keane in the Dallas Tx area is a fraud. He cannot tell the truth. His whol...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Can I sue my employer for creating a hostile work environment and lying about my work performance to get me to quit?
How does the owner of the business feel about all of this? I suggest that you tr...








