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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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Solicitor General, Antitrust Group
Posted on November 20, 2008Solicitor General, Antitrust Group to Argue in Supreme Court ?Price Squeeze? CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.The U.S. Solicitor General and the American Antitrust Institute (AAI) will be permitted to participate in oral argument as amicus curiae on Monday, December 8, when the U...
Food Gift Certificates Exempted
Posted on November 19, 2008Food Gift Certificates Exempted from California Expiration BanThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Because the California gift certificate statute provided that certificates ?issued for a food product? may contain an expiration date, a frozen food home delivery service (Schwan's) could not have engaged in deceptive practices by selling certificates that expired one year after issuance, a California appellate court has ruled...
Brewers Proceed with Combination
Posted on November 18, 2008Brewers Proceed with Combination After Receiving Regulatory ClearanceThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.Belgium-based InBev N.V./S.A?the second-largest brewer in the world?announced on November 18 that it completed its acquisition of the Anheuser-Busch Companies Inc...
Employees Can Proceed with RICO
Posted on November 17, 2008Employees Can Proceed with RICO Claims for Denial of Worker's Comp BenefitsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Six current and former employees of a freight carrier adequately alleged a pattern of racketeering activity against the carrier, a doctor, and an insurance services firm?entities that allegedly committed mail and wire fraud in a scheme to deny worker's compensation benefits to the employees, the U...
Union Organizers Liable Under Driver
Posted on November 14, 2008Union Organizers Liable Under Driver Privacy Law for Using Motor Vehicle DataThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A labor union was liable under the Driver's Privacy Protection Act of 1994 (DPPA) for accessing motor vehicle records of an industrial laundry company's employees in order to contact them with regard to an organizing campaign, the U...
Economic Woes May Force New Administration
Posted on November 13, 2008Economic Woes May Force New Administration to Tread Lightly on Merger EnforcementThis posting was written by John W. Arden.Conventional wisdom?and the President Elect?s own policy statements?indicate that the new Administration will step up antitrust enforcement efforts (?Trade Regulation Talk,? November 6, 2008)...
Gift Card Purchaser?s Deception
Posted on November 13, 2008Gift Card Purchaser?s Deception Suit Not Barred by Gift Certificate LawThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The New York gift certificates statute did not bar a gift card purchaser's suit asserting deceptive practices and common law violations by Shell Oil and other card sellers for imposing ?dormancy fees? against card balances, a New York appellate court has ruled...
President to Designate Garza Acting
Posted on November 13, 2008President to Designate Garza Acting Chief of Antitrust DivisionThis posting was written by John W. Arden.President George W. Bush announced his intention to designate Deborah A. Garza to serve as Acting Assistant Attorney General in charge of the Department of Justice Antitrust Division...
Sale of "De-Identified" Data Would
Posted on November 12, 2008Sale of "De-Identified" Data Would Not Violate California Medical Information Privacy LawThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.An individual could not pursue claims under the California Confidentiality of Medical Information Act (CMIA) against retail pharmacies that allegedly sold customer prescription information to data mining companies for marketing purposes because the individual failed to specify what individually identifiable information remained in the records after the pharmacies "de-identified" the information, the federal district court in San Diego has determined...
Mortgage Company Settles FTC Data
Posted on November 11, 2008Mortgage Company Settles FTC Data Security ChargesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A Texas-based mortgage lender has agreed to establish a comprehensive information security program and to refrain from making deceptive claims about privacy and security to settle FTC charges that it violated the FTC Safeguards and Privacy Rules, as well as Sec...
President Obama and AntitrustThis
Posted on November 07, 2008President Obama and AntitrustThis posting was written by John W. Arden.Amid the speeches and celebrations of Barack Obama?s electoral college landslide, business and legal observers were already trying to predict how the new administration?s antitrust policy will impact particular industry sectors...
Barnett Resigns as Justice Department
Posted on November 07, 2008Barnett Resigns as Justice Department Antitrust ChiefThis posting was written by John W. Arden.Assistant Attorney General Thomas O. Barnett has resigned as the chief of the Justice Department Antitrust Division, effective November 19, 2008. Barnett was confirmed by the Senate as Assistant Attorney General of the Antitrust Division on Feb...
Threat of Antitrust Challenge Leads
Posted on November 05, 2008Threat of Antitrust Challenge Leads Yahoo! and Google to Abandon Ad AgreementThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In light of a threatened antitrust challenge, search engine companies Yahoo! Inc. and Google Inc...
Appointment of Distributor Without
Posted on November 03, 2008Appointment of Distributor Without Notice to Existing One Violated Wisconsin Dealer LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A manufacturer of truck blowers that appointed another distributor of its products in a complaining dealer's nonexclusive territory violated the Wisconsin Fair Dealership Law's (WFDL's) requirement that a dealership grantor "provide a dealer at least 90 days' prior written notice of...
Maine-Based Distributorship Might
Posted on October 31, 2008Maine-Based Distributorship Might Be Connecticut ?Franchise?This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A federal district court erred in concluding that the relationship between a manufacturer of countertop surfaces and a Maine-based authorized distributor was not a ?franchise? under the meaning of the Connecticut Franchise Act, the U...
Small-Print Disclosure of Gift
Posted on October 30, 2008Small-Print Disclosure of Gift Card Fees Could Violate New York LawThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Small-print disclosures of ?dormancy fees? on Simon Gift Cards could violate New York law, a New York appellate court has ruled...
Delta/Northwest Merger Gains Unconditional
Posted on October 29, 2008Delta/Northwest Merger Gains Unconditional Antitrust Approval from Justice DepartmentThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The proposed merger of Delta Air Lines Inc. and Northwest Airlines Corporation will not be challenged by the Department of Justice Antitrust Division...
Credit Card Holders Not Compelled
Posted on October 28, 2008Credit Card Holders Not Compelled to Arbitrate Antitrust Claims Against AmexThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Holders of MasterCard and Visa branded credit cards were not required to arbitrate antitrust claims against the American Express Co...
Whole Foods Opposes FTC Rule Changes,
Posted on October 28, 2008Whole Foods Opposes FTC Rule Changes, Merger Challenge ProceedsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A month after the FTC announced plans to streamline its adjudicative proceedings, Whole Foods Market, Inc. announced objections to the proposal...
Dummar?s RICO Claims Against Administrators
Posted on October 25, 2008Dummar?s RICO Claims Against Administrators of Howard Hughes Estate BarredThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A federal civil RICO claim brought by Melvin Dummar could not proceed against an administrator of the estate of billionaire Howard Hughes and a former senior officer of various enterprises that were founded by Hughes, the U...
White Paper Analyzes Rulings on
Posted on October 23, 2008White Paper Analyzes Rulings on the Admissibility of Expert Financial TestimonyThis posting was written by John W. Arden.Since the U.S. Supreme Court handed down the ?Daubert Trilogy? in the 1990s, the admissibility of expert witness testimony has become a major issue in federal and state court litigation...
Justice Department, States Move
Posted on October 22, 2008Justice Department, States Move to Block Beef Packer CombinationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The proposed combination of the third and fourth-largest U.S. beef packers has been challenged by the U.S...
Drug Makers' Patent Settlement
Posted on October 21, 2008Drug Makers' Patent Settlement Pact Not Unreasonable RestraintThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals for the Federal Circuit has upheld a lower court's determination that a settlement agreement between a drug maker/patent holder and a generic drug manufacturer, which included reverse payments from the patent holder to the generic drug maker, was not an unreasonable restraint of trade in the market for ciprofloxacin...
Medical Device Manufacturer?s Ads
Posted on October 20, 2008Medical Device Manufacturer?s Ads Not Proven FalseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A home health care provider had standing to sue under the Lanham Act as a competitor of a manufacturer of infrared lamps, but the care provider?s claims that the manufacturer falsely advertised its lamps were rejected by the federal district court in Indianapolis...
Forum on Franchising Attracts Near-Record
Posted on October 19, 2008Forum on Franchising Attracts Near-Record Crowd to Thirty-First Annual MeetingThis posting was written by John W. Arden.Despite the recent economic downturn, a near-record crowd attended the 31st annual meeting of the American Bar Association Forum on Franchising on October 15-17 in Austin, Texas...
Chemical Companies May Be Liable
Posted on October 16, 2008Chemical Companies May Be Liable under RICO for Cleanup DelayThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Property owners could proceed with RICO claims against the corporate owners and operators of a chemical manufacturing plant that allegedly disposed of solid and liquid waste (DDTr pesticides) in a manner that contaminated local properties, the federal district court in Mobile, Alabama, has ruled...
ISP's Antitrust Claims Against
Posted on October 15, 2008ISP's Antitrust Claims Against Business Software Company Properly Rejected This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Antitrust claims brought by an independent service provider (ISP) against a business software company with which the ISP had entered into various consulting service agreements were properly dismissed, the U...
No Private Action under Telephone
Posted on October 15, 2008No Private Action under Telephone Consumer Protection Act for Prerecorded Political CallsThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.An individual could not pursue claims under the Telephone Consumer Protection Act (TCPA) against candidates and promoters of candidates for public office for making, or causing to be made, prerecorded political campaign calls soliciting votes that failed to contain the telephone number of the business or entity responsible for making the calls, a Maryland state appellate court has determined...
Gift Card Purchaser Brings Consumer
Posted on October 15, 2008Gift Card Purchaser Brings Consumer Fraud, Truth-in-Notice SuitThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A gift card purchaser has filed a class action complaint asserting that Foot Locker, Inc. violated New Jersey law by selling gift cards providing for the charge of a ?dormancy fee? after 12 consecutive months of non-use...
Focus on FranchisingThis posting
Posted on October 13, 2008Focus on FranchisingThis posting was written by John W. Arden.News and notes on franchising and distribution topics:? The tightening of the credit market is having an adverse effect on franchising, impacting current franchisees wanting to remodel their existing locations and prospective franchisees wanting to open new outlets, according to an article (?Credit Crunch Squeezes Franchisees?) in the September 29 edition of the Wall Street Journal...
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Medical Malpractice: Your Case Is On The Trial Calendar-Can Defense Lawyers Talk to Your Doctor?
Your New York attorney has notified the Court that your case is re...
Junior Statesmen hear eminent domain talk
Today at the Statehouse Annex in Trenton, New Jersey high sc...
Restaurant Sued for Throwing Wok at Chinese Talk
Minado, a Long-Island, New York Japanese restaurant chain, has se...
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...








