Your company is introducing a new product design. It offers consumers novel benefits, but the redesign is incompatible with competitors’ complementary products. The foreclosure of competition is great for your bottom line. But will it violate the antitrust laws? Liability for innovation seems counter to the purposes of the antitrust laws. Indeed, the antitrust laws…
California continues to narrow the permissible uses of non-compete agreements and similar so-called “restraints on trade,” while Delaware has upheld contractual restraints negotiated between sophisticated parties such as forfeiture and clawback provisions. Businesses with operations or employees in California should review their obligations and choice of law options if they have entered into any such agreements.
In last summer’s Viking River decision, the U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) partly preempts the California rule that had prohibited the compelled arbitration of claims under the state’s Private Attorney General Act (“PAGA”).
There’s a battle brewing at the Federal Trade Commission. And the outcome could affect businesses far and wide. Over two blistering dissents, FTC Chair Lina Khan reiterated the commission’s intent to issue rules defining unfair methods of competition under Section 5 of the FTC Act. This has never been done. Some say the FTC lacks…
I co-wrote a piece for the ABA Litigation Section’s quarterly journal, “Overbroad Searches and Seizures,” with Mark Mermelstein of Holmes Taylor Athey Cowan Mermelstein & Jones LLP, and Alison Epperson of Orrick LLP, 48 Litigation Vol. 1 (Oct. 2021). We analyze the government’s increasingly common practice of serving overbroad search warrants on tech giants like…
On April 27, at 11 am PDT, I will be participating on a panel with outstanding colleagues from NERA Economic Consulting, Dr. Garrett Glasgow and Dr. Daniel Werner, and from Foley & Lardner LLP, partner Jai Singh. In this one-hour CLE webinar, sponsored by NERA, we will discuss evolving liability theories in False Advertising and…
I recorded an online webinar, “Maintaining Effective Corporate Compliance Programs Under DOJ’s Heightened Standards,” with Peter Anderson, a leader of the White Collar and Environmental Crimes Practice Group at Beveridge & Diamond PC, and Jonny Frank, a Partner at StoneTurn Group. The discussion program was organized and moderated by long-time Southern California white collar pro…
This interview article, from the blog of the brilliant folks at Gigster, gives a little insight into how we help our startup clients develop winning regulatory and compliance strategies.
In a groundbreaking decision, Judge Gleeson granted a third party’s motion to make public a Report by the compliance monitor appointed under HSBC’s deferred prosecution agreement because the Report is a “judicial record” that “the public has a First Amendment right to see.” United States v. HSBC Bank USA and HSBC Holdings PLC, No. 12-CR-763…