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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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Pfizer, Warner-Lambert Must Defend
Posted on December 21, 2010Pfizer, Warner-Lambert Must Defend RICO Claims for Off-Label Marketing of NeurontinThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Two consumers who suffered from bipolar disorder could proceed with RICO claims against Pfizer, Inc...
Congress Approves Measure Aimed
Posted on December 20, 2010Congress Approves Measure Aimed at Deceptive Internet SalesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Legislation aimed at protecting consumers from certain aggressive sales tactics on the Internet has cleared Congress...
FTC Orders Complete Divestiture
Posted on December 17, 2010FTC Orders Complete Divestiture of Rival in Merger Challenge This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Polypore International, Inc. has been ordered by the FTC to divest Microporous Products L.P., a rival manufacturer of battery separators, that it acquired in 2008...
Commerce Department Task Force
Posted on December 16, 2010Commerce Department Task Force Issues Green Paper on Internet Privacy ProtectionThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The government should develop a dynamic framework for the protection of consumers? commercial data online?including the adoption of a set of baseline principles akin to a ?Privacy Bill of Rights??while supporting innovation and evolving technology, according to a green paper issued December 16 by the Commerce Department?s Internet Policy Task Force...
Online Hotel Reservation Agencies
Posted on December 15, 2010Online Hotel Reservation Agencies Could Be Liable for Charging Deceptive FeesThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.New York residents who used online hotel reservation agencies to book hotel rooms in New York City stated a claim under the New York unfair trade practices law for the agencies? charging of allegedly deceptive and unfair fees, according to the federal district court in New York City...
Trade Regulation TidbitsThis posting
Posted on December 15, 2010Trade Regulation TidbitsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.News, updates, and observations:? The European Commission (EC)announced on December 14 revised rules for the assessment of cooperation agreements between competitors, so-called horizontal cooperation agreements...
New Charges Brought in Antitrust
Posted on December 14, 2010New Charges Brought in Antitrust Division's Municipal Bond InvestigationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A federal grand jury in New York City indicted three former executives of a financial services company for their participation in fraud schemes and conspiracies related to bidding for contracts for the investment of municipal bond proceeds and other municipal finance contracts, the Department of Justice announced on December 9...
Costco Faces False Patent Marking
Posted on December 10, 2010Costco Faces False Patent Marking ClaimsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a qui tam complaint filed on behalf of the United States, a plaintiff stated false patent marking claims by alleging that Costco marked its premium Kirkland Signature brand diapers with two expired United States patent numbers, knowing that the patents had expired, with intent to deceive the public, the federal district court in Chicago has ruled...
Publisher's Use of Murder Victim?s
Posted on December 09, 2010Publisher's Use of Murder Victim?s Nude Photos Violated Right of PublicityThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a Georgia common law right of publicity suit, the publisher of Hustler Magazine was liable for the unauthorized publication of nude photographs of murdered professional wrestler Nancy Benoit, and Benoit's estate could seek to recover punitive damages, the federal district court in Atlanta has ruled...
Congress Passes Bill Limiting Application
Posted on December 08, 2010Congress Passes Bill Limiting Application of FTC ?Red Flags Rule?This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.This January, lawyers, doctors, and small businesses will most likely not have to comply with a Federal Trade Commission regulation, known as the "Red Flags Rule," which will require certain businesses to develop written identity theft prevention programs...
Bank of America Agrees to Pay $137
Posted on December 07, 2010Bank of America Agrees to Pay $137 Million to Avoid Charges in Bid Rigging ProbeThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.As a condition of admission into the Department of Justice's antitrust corporate leniency program, Bank of America has agreed to pay a total of $137...
Resale Price Fixing Claims Against
Posted on December 06, 2010Resale Price Fixing Claims Against Mattress Maker Lacked SupportThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Consumers failed to support their resale price fixing claims against Tempur-Pedic North America, Inc., the manufacturer of visco-elastic Tempur-Pedic foam mattresses, the U...
Vermont Prescriber Privacy Law
Posted on December 03, 2010Vermont Prescriber Privacy Law Violates First AmendmentThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A Vermont statute regulating the collection and use of data identifying health care providers? prescribing patterns impermissibly restricted commercial speech in violation of the First Amendment, the U...
Antitrust Agencies Defend Health
Posted on December 02, 2010Antitrust Agencies Defend Health Care Enforcement Efforts at Congressional HearingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC and Department of Justice were called upon to defend their records of antitrust enforcement in the health care industry by House Judiciary Committee Chair John Conyers (D, Mich...
FTC Privacy Report Proposes ?Do
Posted on December 01, 2010FTC Privacy Report Proposes ?Do Not Track? Mechanism for Web UsersThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The Federal Trade Commission has proposed, as part of a framework to balance the privacy interests of consumers with innovation that relies on consumer information, the implementation of a ?Do Not Track? mechanism for Internet users...
EC Investigates Google for Abuse
Posted on November 30, 2010EC Investigates Google for Abuse of DominanceThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The European Commission (EC) announced today that it has opened an in-depth antitrust investigation into Google Inc.'s methods for displaying search results...
Dealer?s Payments Were Not ?Franchise
Posted on November 29, 2010Dealer?s Payments Were Not ?Franchise Fees? under Hawaii LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A jury had sufficient evidence supporting its finding that none of the alleged payments made by a motor vehicle dealer to a manufacturer constituted "franchise fees" under the meaning of the Hawaii Franchise Investment Law, a federal district court in Honolulu has determined...
Antitrust Division?s Activities
Posted on November 24, 2010Antitrust Division?s Activities Preserve and Promote Competition: Agency OfficialThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.A report on the Department of Justice Antitrust Division's recent activities was presented by Carl Shapiro, the Deputy Assistant Attorney General for Economics at the Antitrust Division, on November 18 at the American Bar Association Section of Antitrust Law Fall Forum in Washington, D...
Insurance Agency Was Not a ?Franchise?
Posted on November 23, 2010Insurance Agency Was Not a ?Franchise? Under Arkansas Relationship LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.An insurance agent was not a ?franchisee? of an insurance company, entitled to the protections of the Arkansas Franchise Practices Act, because she did not have the unqualified authority to sell policies or commit the company to an insurance contract other than a temporary binder policy, which could be cancelled at any time at the company?s discretion, the Arkansas Supreme Court has decided...
Bogus Mortgage Relief Schemes Targeted
Posted on November 22, 2010Bogus Mortgage Relief Schemes Targeted by FTCThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.The Federal Trade Commission is moving to stop bogus mortgage providers from taking millions of dollars in fees from homeowners without providing promised services in return...
Securities Litigation Reform Act
Posted on November 19, 2010Securities Litigation Reform Act Barred RICO Claims Against Tax Shelter SchemeThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.The Private Securities Litigation Reform Act (PSLRA) barred RICO claims against a law firm that allegedly participated in a scheme to promote an illegitimate tax shelter, the U...
Pfizer Ordered to Pay $95 Million
Posted on November 18, 2010Pfizer Ordered to Pay $95 Million for Deceptive Marketing of NeurontinThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Pharmaceutical company Pfizer, Inc. violated the California Unfair Competition Law (UCL) by marketing its prescription drug Neurontin for a number of off-label uses and deceptively representing the efficacy of the drug for certain uses, according to the federal district court in Boston...
Class Certified in Infant Formula
Posted on November 17, 2010Class Certified in Infant Formula Advertising CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A class was certified by the federal district court in Ft. Lauderdale in an action alleging that Mead Johnson?s advertising and labeling misrepresented its Enfamil LIPIL infant formula as the only baby formula containing the breast milk nutrients DHA and ARA in violation of the Florida Deceptive and Unfair Trade Practices Act and False and Misleading Advertising Law...
FTC, Nevada Condition Hospital
Posted on November 16, 2010FTC, Nevada Condition Hospital Operator's Acquisition of Psychiatric Facilities on DivestituresThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Universal Health Services, Inc. completed its acquisition of Psychiatric Solutions, Inc...
FTC Conditionally Approves Mall
Posted on November 15, 2010FTC Conditionally Approves Mall Operator CombinationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.To resolve FTC concerns over its acquisition of a portfolio of outlet centers from Prime Outlets Acquisition Company LLC, mall operator Simon Property Group, Inc...
Busy Week of Antitrust Developments
Posted on November 12, 2010Busy Week of Antitrust Developments in Aviation IndustryThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Transportation's antitrust immunity grants to two groups of air carriers seeking to jointly market trans-Pacific routes were among a number of interesting antitrust developments in the aviation industry this week...
Name-Brand Retailer Can Pursue
Posted on November 11, 2010Name-Brand Retailer Can Pursue False Ad Suit Against Wholesaler of Counterfeit JeansThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Famous Horse, operator of the name-brand clothing retailer V.I.M., had standing to assert a Lanham Act claim that wholesalers of counterfeit Rocawear jeans falsely advertised that V...
Written Contract Requirement of
Posted on November 10, 2010Written Contract Requirement of Arizona Sales Representative Law Not a Statute of FraudsThis posting was written by John R. F. Baer of Greensfelder, Hemker & Gale, P.C, author of CCH Sales Representative Law Guide.The Arizona Sales Representative Contract Law?s requirement of a written contract is not a statute of frauds, the federal district court in Phoenix has ruled...
California Court Applies Washington
Posted on November 08, 2010California Court Applies Washington Franchise Law to California FranchiseThis posting was written by John W. Arden.A California garbage removal franchisee, bringing a wrongful termination action against its Canadian franchisor, was entitled to enforce a contractual choice of law in order to bring the action under the Washington Franchise Investment Protection Act rather than under the California Franchise Relations Act, according to a California court of appeals...
Monopoly Claims Against Food Products
Posted on November 05, 2010Monopoly Claims Against Food Products Company FailThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Retailers and other direct purchasers of ?Fresh Del Monte Gold? pineapples failed to establish that Del Monte Fresh Produce Company improperly monopolized the market for fresh, whole, extra-sweet pineapples, the U...
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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...








