Giving 'Til It Hurts
February 20, 2009
Even with firm cuts and layoffs, no firm can afford to give up a community-related giving practice. It can, though, and should be, controlled.
The Whole Foods Antitrust Saga
February 19, 2009
A couple of years ago few people would have thought that a socially conscious company that specializes in selling organic groceries would find itself in a knock-down, drag-out brawl with the Federal Trade Commission. But that's just what has unfolded as a result of the FTC's challenge of the merger between Whole Foods Market, Inc. and Wild Oats Markets, Inc.
DOJ Antitrust Division Answers Questions Under Leniency Program
February 19, 2009
the Department of Justice Antitrust Division ("Division") recently issued an interesting policy paper that clarifies its position on certain issues under the leniencyprogram, which positions previously may have been known only to those who practice regularly in the field of criminal antitrust.
When Bankruptcy And Equity Collide
February 19, 2009
In <i>Ades and Berg Group Investors v. Breeden</i> (<i>In re Ades and Berg Group Investors</i>), the court of appeals affirmed a decision below refusing to impose a constructive trust on proceeds from a settlement of reinsurance claims that were paid to a Chapter 11 debtor. According to the Second Circuit, "retention by the bankruptcy estate of assets that, absent bankruptcy, would go to a particular creditor is not inherently unjust."
Cut 'Em Off At the Impasse
February 09, 2009
In legal marketing, we are now like two men on a bridge. We are all equally armed, with the same professional skills (or an inability to project superior professional skill), and most significantly, with the same marketing tools. The seminars. The articles. The brochures. The networking. The Web site. The press release. Who wins the competitive battle, then?
A 'Not So' Full Defense
January 30, 2009
Insurers take deductions from defense bills or delay payment of these bills far too frequently. Insurers engage in these tactics with many policyholders, but few actually challenge the insurer's conduct. There are, however, ways to challenge these tactics.
Patent Litigation in the ITC
January 30, 2009
Patent owners whose IP rights are being infringed by imported goods have a choice of filing a patent infringement complaint in a district court or an unfair trade practice complaint, pursuant to '337 of the Tariff Act, with the U.S. International Trade Commission ("ITC"). There are several advantages in litigating patent disputes in the ITC.
