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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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FTC Issues Telemarketing Rule Amendments
Posted on August 27, 2008FTC Issues Telemarketing Rule Amendments for Prerecorded and Abandoned CallsThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Telemarketing calls that deliver prerecorded messages to consumers who have not previously agreed to accept them will be expressly banned, under a set of amendments to the Telemarketing Sales Rule (TSR) announced by the FTC on August 19...
Trade Regulation TidbitsThis posting
Posted on August 25, 2008Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? While Senators Obama and McCain continue to square off on issues such as the Iraq War and the economy, they have engaged in precious little discussion about antitrust issues...
Retailer Can Pursue Lanham Act
Posted on August 22, 2008Retailer Can Pursue Lanham Act Suit Over "Tax Free" Cigarette AdsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A retailer could pursue Lanham Act claims that tribal smoke shops in New York were falsely advertising cigarettes as "tax free," despite defense contentions that the claims were time-barred, that the advertising contained no quantity term, and that New York tax law did not require payment of excise tax for purchases of less than 400 cigarettes, the federal district court in Brooklyn has ruled...
Criminal Convictions, Relocation
Posted on August 21, 2008Criminal Convictions, Relocation of Dealership Constituted Good Cause for TerminationThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A motorcycle dealer?s criminal convictions and unauthorized relocation of his dealership constituted ?good cause? for a manufacturer to terminate the parties? relationship under the Oregon motor vehicle dealer law, the federal district court in Eugene, Oregon has ruled...
Weight Loss Guru Banned from Producing
Posted on August 20, 2008Weight Loss Guru Banned from Producing Infomercials, Ordered to Disgorge ProfitsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Infomercial producer and weight loss book author Kevin Trudeau?held in contempt for intentionally violating a 2004 injunction by making an infomercial that misrepresented his book?s content?was ordered by the federal district court in Chicago to disgorge infomercial royalties conservatively estimated at more than $5...
PAC, Nonprofit Violated Oregon
Posted on August 19, 2008PAC, Nonprofit Violated Oregon RICO Law Through Forgery, Falsification of ReportsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A political action committee (PAC) and a nonprofit corporation were liable for violating Oregon's Racketeer Influenced and Corrupt Organization Act (ORICO) because their racketeering activities?forging signatures on statements of sponsorship for two ballot initiatives and making false statements on financial reports?had injured two labor organizations by causing them to spend money to oppose the initiatives, the Oregon Supreme Court has ruled...
Trade Regulation TidbitsThis posting
Posted on August 18, 2008Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? Last year?s landmark Supreme Court decision on resale price fixing is having an effect on the marketplace, according to a front page article in today?s Wall Street Journal (?Price Fixing Makes Comeback After Supreme Court Ruling?)...
Restaurant ?Location? Ads Held
Posted on August 15, 2008Restaurant ?Location? Ads Held DeceptiveThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The operator of a single ?Chicago Pizza? restaurant violated the Illinois Deceptive Trade Practices Act by advertising separate telephone numbers for multiple ?locations,? two of which corresponded to locations of a competitor's ?Chicago Pizza? restaurants, an Illinois appellate court has ruled...
FTC Releases Proposed Market Manipulation
Posted on August 14, 2008FTC Releases Proposed Market Manipulation Prohibitions for Petroleum IndustryThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission (FTC) has proposed a rule prohibiting market manipulation in the petroleum industry...
FTC Lifts Stay in Administrative
Posted on August 12, 2008FTC Lifts Stay in Administrative Challenge to Whole Foods/Wild Oats MergerThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has lifted a stay of the administrative challenge to the combination of Whole Foods Market, Inc...
Trade Regulation TidbitsThis posting
Posted on August 11, 2008Trade Regulation TidbitsThis posting was written by John W. Arden and Thomas Long.News, updates, and observations:? Jeffrey Schmidt, Director of the FTC Bureau of Competition, is leaving the agency to become a partner in the New York office of the Linklaters law firm...
Union Could Be Subject to Antitrust
Posted on August 08, 2008Union Could Be Subject to Antitrust Attack for Efforts to Assist ContractorsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Boston has directed a lower court to take a closer look at allegations of a conspiracy between an iron workers union and union contractors to shut non-union contractors out of the structural steel industry in the greater Boston area...
?Natural Fit? Diaper Ad Campaign
Posted on August 07, 2008?Natural Fit? Diaper Ad Campaign Not EnjoinedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a suit brought by Procter & Gamble alleging that Kimberly-Clark falsely advertised its Huggies ?Natural Fit? diapers in violation of the Lanham Act, the federal district court in Green Bay, Wisconsin, declined to issue a preliminary injunction to halt the campaign while the case is pending...
Alaska Enacts Personal Information
Posted on August 06, 2008Alaska Enacts Personal Information Protection ActThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.A new Alaska law providing state residents with protection from identity theft and breaches of data security was signed by Governor Sarah Palin on June 13...
Trade Regulation TidbitsThis posting
Posted on August 05, 2008Trade Regulation TidbitsThis posting was written by Jeffrey May and John W. Arden.News, updates, and observations:? Author and antitrust law professor Herbert Hovenkamp has received the John Sherman Award from the Department of Justice Antitrust Division for his lifetime contributions to the teaching and enforcement of antitrust law and the development of antitrust policy...
Antitrust Division Active in Challenging
Posted on August 01, 2008Antitrust Division Active in Challenging Procurement FraudThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The National Procurement Fraud Task Force of the Department of Justice was created less than two years ago to target procurement fraud associated with the increase in contracting activity for national security and other government programs...
Soft Drink Distributors Were Not
Posted on July 31, 2008Soft Drink Distributors Were Not Minnesota FranchiseesThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.Five soft drink distributors were not ?franchisees? under the meaning of the Minnesota Franchise Act (MFA) because they neither sold a manufacturer?s drinks in order to start a new business nor paid the manufacturer an indirect ?franchise fee,? a federal district court in St...
Federal Trade Commission Gets Another
Posted on July 30, 2008Federal Trade Commission Gets Another Opportunity to Challenge Whole Foods/Wild Oats MergerThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Eleven months after Whole Foods Market, Inc. and Wild Oats Markets, Inc. consummated their merger, a divided U...
Federal Trade Commission Urges
Posted on July 29, 2008Federal Trade Commission Urges Healthier Food Choices for Children as Obesity RisesThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.In response to rising levels of childhood obesity across the nation, the Federal Trade Commission (FTC) is calling on the food and media industries to promote healthier food choices for children and adolescents...
Denial of Freedom of Information
Posted on July 28, 2008Denial of Freedom of Information Act Request for Antitrust Amnesty Agreements VacatedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice could be required to disclose redacted versions of amnesty agreements entered into by the Antitrust Division since 1993 pursuant to a Freedom of Information Act (FOIA) request, the U...
Deceptive Practices Suit Based
Posted on July 25, 2008Deceptive Practices Suit Based on Credit Card Solicitation Not Preempted by Truth-in Lending ActThis posting was written by Andrew Soubel, Editor of CCH State Unfair Trade Practices Law.The federal Truth-in-Lending Act (TILA) did not preempt claims or the relief granted by a lower court against a credit card company for engaging in a fraudulent and deceptive solicitation scheme in violation of the New York Deceptive Acts and Practices Law (DAPL), a divided New York Court of Appeals has ruled...
eBay's Advertising of Tiffany Jewelry
Posted on July 24, 2008eBay's Advertising of Tiffany Jewelry Not Proven FalseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Famous jeweler Tiffany failed to establish that online marketplace eBay engaged in false advertising under the Lanham Act in connection with the sale of counterfeit jewelry on its site, the federal district court in New York City has ruled...
Tooth Manufacturer?s Claims Against
Posted on July 22, 2008Tooth Manufacturer?s Claims Against Monopolistic Rival Can ProceedThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A monopolization claim by a manufacturer of prefabricated artificial teeth against the industry's dominant player, Dentsply International, Inc...
RICO Damage Award Upheld in Dominican
Posted on July 21, 2008RICO Damage Award Upheld in Dominican Republic Banking ScandalThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A $177 million treble-damage award against a businessman who had illegally diverted millions of dollars from a bank in the Dominican Republic was affirmed by the U...
Combination of Wine and Spirits
Posted on July 18, 2008Combination of Wine and Spirits Companies Receives FTC, EC ApprovalThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Pernod Ricard received clearance from the Federal Trade Commission (FTC) and the European Commission (EC) for its proposed $9 billion acquisition of Swedish spirits company V&S Vin & Sprit on July 17...
Insurer, Broker Might Have Conspired
Posted on July 17, 2008Insurer, Broker Might Have Conspired to Allocate Customers, Divide MarketsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Ohio Attorney General sufficiently pled claims of conspiracy to allocate customers, divide markets, and restrain competition against insurance companies and an insurance broker, an Ohio state trial court has ruled...
Rhode Island Fair Dealership Act
Posted on July 15, 2008Rhode Island Fair Dealership Act AmendedThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.Two identical Rhode Island bills that amend the good cause, notice of termination, and opportunity to cure provisions of the Rhode Island Fair Dealership Act (RIFDA) have become law without the Governor?s signature...
Resale Price Fixing Claims Can
Posted on July 10, 2008Resale Price Fixing Claims Can Proceed Against Baby Products Retailer, ManufacturersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Philadelphia has refused to dismiss antitrust claims brought against Babies ?R? Us?the large retailer of baby and juvenile products?and baby products manufacturers by smaller retailers and consumers...
Privacy Concerns with ?Behavioral
Posted on July 09, 2008Privacy Concerns with ?Behavioral Advertising? Can Be Addressed by Self-Regulation: FTCThis posting was written by John W. Arden.Although ?behavioral advertising? raises consumer privacy concerns, the Federal Trade Commission is ?cautiously optimistic? that those concerns can be effectively addressed by industry self-regulation, an FTC official said on July 9 in testimony before the Senate Committee on Commerce, Science, and Transportation...
FTC Proposes Rescinding Guidance
Posted on July 08, 2008FTC Proposes Rescinding Guidance on ?Test Method? for Cigarette Tar, Nicotine YieldsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC is seeking comment on a proposal to rescind its 1966 guidance to tobacco companies, which indicated that factual statements of tar and nicotine yields based on the Cambridge Filter Method, also frequently referred to as the ?FTC Test Method,? generally will not violate the FTC Act...
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When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
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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...








