The tide of regulation of cryptocurrency and blockchain could be turning in the United States. Following comments by newly-confirmed Treasury Secretary (and former Federal Reserve Chair) Janet Yellen describing Bitcoin as...more
The change in the White House administration combined with a potential ground-breaking Supreme Court decision may move the oversight and enforcement for marketing by the fintech sector from the Federal Trade Commission...more
As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global...more
Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data...more
8/21/2017
/ APEC ,
Ashley Madison ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Electronic Medical Records ,
False Advertising ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Unfair or Deceptive Trade Practices
The Xbox 360 is designed for gaming. Appellate litigation, gamers learned, is not.
On behalf of a putative class of purchasers of the Xbox 360, a group of gamers brought suit alleging a defect with the consoles. After the...more
7/10/2017
/ Appeals ,
Article III ,
Class Action ,
Class Certification ,
Dismissal With Prejudice ,
FRCP 23 ,
FRCP 23(f) ,
Interlocutory Appeals ,
Judicial Discretion ,
Microsoft v Baker ,
Non-Appealable Decisions ,
SCOTUS ,
Voluntary Dismissals
Defendants in a putative class action lawsuit alleging wage fixing antitrust claims no longer need to count sheep to rest easily. A district court judge in Colorado recently denied plaintiffs’ request for leave to amend,...more
4/7/2017
/ Agricultural Workers ,
Antitrust Violations ,
Appeals ,
Circumstantial Evidence ,
Civil Conspiracy ,
Class Action ,
Department of Labor (DOL) ,
Dismissals ,
H2-A Visa Program ,
Labor Law Violations ,
Motion to Amend ,
Trade Associations ,
Wage and Hour ,
Wage-Fixing
We wrote here previously regarding the Sixth Circuit’s decision in Shane Group v. Blue Cross Blue Shield of Michigan vacating a class action settlement because the district court improperly refused to unseal the parties’...more
Before plaintiffs could light the pilot on antitrust claims against two propane tank distributors, a split Eighth Circuit panel cut the gas. In doing so, the majority espoused a narrow view of the applicability of the...more
Non-disclosure and confidentiality provisions can be an important aspect of resolving a case through settlement. But when one of the parties is a purported class, and the allegation is an antitrust violation, settlement and...more
7/1/2016
/ Abuse of Discretion ,
Antitrust Violations ,
Class Action ,
Class Members ,
Confidentiality Agreements ,
FRCP 23 ,
Health Insurance ,
Motion To Intervene ,
Non-Disclosure Agreement ,
Price-Fixing ,
Sealed Records ,
Settlement ,
Vacated
Anyone who watches Survivor or Game of Thrones knows that alliances are critical. And while they may be necessary to endure from one day to the next, alliances are inevitably broken.
Co-defendants in antitrust cases...more
Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more
4/20/2016
/ American Bar Association (ABA) ,
Anti-Competitive ,
Antitrust Litigation ,
Baker Hughes ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Divestiture ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Forex ,
FTC v Actavis ,
FTC v. Phoebe Putney Health System ,
Halliburton ,
Libor ,
Mergers ,
NC Board of Dental Examiners v FTC ,
REMS ,
SCOTUS ,
The Clayton Act ,
Yates Memorandum
Recent federal court opinions dismissing cases under Rule 12(b)(6) may provide an early off-ramp for antitrust defendants where a roadblock has often existed. Courts are increasingly dismissing cases at the 12(b)(6) stage for...more
4/13/2016
/ Antitrust Injuries ,
Antitrust Litigation ,
Casinos ,
Dismissals ,
Federal Rule 12(b)(6) ,
Golf ,
Market Power ,
Patent Infringement ,
Real Estate Development ,
Sherman Act ,
Twombly/Iqbal Pleading Standard
This year's 63rd ABA Section of Antitrust Law Spring Meeting featured extensive remarks from antitrust regulators forewarning of more vigorous antitrust enforcement in 2015. The Proskauer antitrust team was on the ground and...more
DOJ recently concluded that a standard-setting organization's proposal to update its policy regarding patents underlying its standards was pro-competitive. DOJ's analysis of the association's process and legal structure...more
In a closely watched case out of a Texas federal court, the Fifth Circuit recently reversed the district court and found that the evidence was insufficient to show that the American Quarter Horse Association (AQHA) unlawfully...more
The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more