It is the rare legal issue where the ACLU, the National Association of Manufacturers and the U.S. Chamber of Commerce end up on the same side. But that is currently the situation in a case pending before the federal court of appeals in New York, where these entities and other major corporations have lined up... Read more »
Google Inc. is currently subject to antitrust investigations by state attorneys general in the United States, as well as antitrust authorities in the European Union. Google and its allies have mounted a vigorous public defense, arguing that Google’s activity should be immune from antitrust scrutiny or that imposing a remedy on Google would transform antitrust... Read more »
Appellate briefs were recently filed in the case of U.S. v. AU Optronics Corporation[1] pending before the United States Court of Appeals for the Ninth Circuit, which raise issues of critical importance in the prosecution of foreign cartel cases in the U.S.: (1) whether Section 1 of the Sherman Act[2] applies extraterritorially to price-fixing meetings... Read more »
It is rare to see a Robinson-Patman decision these days. However, on July 19, 2013, the Ninth Circuit issued an important Robinson-Patman decision in the case of Gorlick Distribution Centers LLC v. Car Sound Exhaust System Inc., Case No. 10-36083 (9th Cir. July 19, 2013). In this case, the Ninth Circuit affirmed summary judgment on... Read more »
Perhaps the biggest knock on arbitration* is that most arbitration resembles private litigation —both in terms of costs and in the prolonged nature of the process. FedArb is unique among arbitration firms—it requires the arbitrators to adhere to a schedule and prevents them from requesting a delay. The innovative FedArb Rule provision which addresses the... Read more »
FedArb is adding an optional provision that enables parties to select arbitrators in a three member tribunal in such a way that the arbitrators do not know which party selected them. Under this process, litigants select arbitrators as before but channel their input through FedArb so that the arbitrator does not know what party selected... Read more »
650.328.9500