Library Search
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Recent Decision Casts Doubt on Scope of Section 17200 in Cases Involving Securities Transactions ( March 2004 )
California's unfair competition law - Business and Professions Code §17200 - imposes civil liability for "any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising." A recent California appeals court decision purports to impose a significant new limitation on the scope of §17200, holding that the statute does not encompass actions arising out of "securities transactions." -
Emerging State Law Claims Prompted by Patent Enforcement ( February 2003 )
At first glance, it would appear that state law would have no place in a patent dispute. As experience has dictated, this is simply not the case. From establishing declaratory judgment jurisdiction in a tenuous forum to adding a litany of potent counterclaims, state law can be used (or used against you) during the course of patent litigation in a variety of ways. -
The Shape of Things to Come--Emerging Theories of Design Protection ( November 2002 )
It is old news to report that industrial design is the poor stepchild of intellectual property law: copyright historically has been inhospitable to product designs; state law protection is preempted; and after a brief period of expanded shelter under federal unfair competition law, that door may now be closing too. It is certainly narrowing. -
Did the Per Se Rule on Tying Survive 'Microsoft'? ( August 2002 )
Analysis of decisions which enunciate the modern Tying Doctrine. -
Do We Need a "New Economy" Exception For Antitrust? ( August 2002 )
Historical analysis of U.S. antitrust laws and discussion of whether restrictions are still necessary. -
Health Industry Alert ( August 2002 )
Two New York hospitals engaged in rate fixing and a division of services offered under the guise of a "virtual merger" committed per se antitrust violations. -
Internet Antitrust Alert ( August 2002 )
FTC report regarding potential antitrust issues arising from internet based business to business transactions. -
Antitrust Standards in Franchisor/Franchisee Electronic Marketplaces ( August 2002 )
This article traces the conceptual and actual marketplace reviews that took place since 2000 and assesses franchisor/franchisee electronic marketplaces under the government's B2B antitrust policies and pronouncements. -
Benchmarking and the Antitrust Laws ( July 1997 )
This article reviews the practice of benchmarking between two companies and the impact of this activity on antitrust laws.
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