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Supreme Court Considers Price Fixing Agreements
Franchisors and franchisees alike are awaiting a decision from the U.S. Supreme Court that could change the marketing and promotional practices of franchisors and distributors. In PSKS, Inc. d/b/a Kay's Kloset v. Leegin Creative Leather Products, Inc., the Supreme Court heard challenges to the application of the per se rule to vertical minimum price fixing agreements under antitrust law, and some commentators believe that the Court will overturn this requirement, which was adopted almost a century ago in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911).
In 1995, Leegin, a manufacturer of Brighton women's accessories, began selling its product to PSKS, a women's clothing and accessories specialty store. Shortly thereafter, Leegin instituted the 'Brighton Retail Pricing and Promotion Policy,' stating it would do business only with retailers that follow its suggested retail prices for Brighton products. Leegin made clear that it would not do business with retailers who engaged in discounting Brighton products. Leegin later introduced the 'Heart Store Program,' a marketing initiative designed to provide incentives to Brighton retailers to promote the brand within a separate section of their stores. To become a Brighton Heart Store, retailers had to pledge to 'follow the Brighton Suggested Retail Pricing Policy at all times.'
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.