Recent Articles

Channel-Stuffing Lawsuit Settled for $137.5 M

July 26, 2008 16:36

Settlement - Coca-Cola recently announced that it has agreed to settle a class action shareholder lawsuit for $137.5 million, as reported by the AP, Reuters, and WSJ. The suit alleged that Coca Cola had artificially inflated its earnings in 1999 by forcing bottlers to purchase hundreds of millions...

Justice Scalia and Bryan Garner Offer Advocacy Tips

July 26, 2008 16:17

I attended a seminar yesterday on legal advocacy by Justice Scalia and legal-writing guru Bryan Garner, which Garner touted on his website as "The CLE Event of 2008."Justice Scalia lamented that "lawyers are generally lousy writers," and that it catches a judge's attention when a brief is...

Rock Chalk Champions and T-Shirt Trademark Issues

July 19, 2008 23:31

My hometown team, the Kansas Jayhawks, won the National Championship on Monday. Having grown up about two blocks from campus, my parents started taking me to basketball games when I was a small child, and I was ecstatic with their win.In honor of their victory, the American Lawyer conducted an...

FLOORgraphics’ Suit Against News America Marketing Set for Trial October 1

July 07, 2008 04:33

Reconsideration Denied - On June 23, News America Marketing's motion for reconsideration of the denial of its summary judgment motion in Floorgraphics, Inc. v. News America Marketing In-Store Services, Inc., No. 04-3500 (D.N.J.) was denied, setting the stage for trial, which has been set for...

Article Examines Antitrust Division’s Thinking on Attempt to Repeal Amnesty Agreement

June 24, 2008 03:36

Law.com Article Examines DOJ's Thinking - The DOJ Antitrust Division’s often-criticized decision to revoke an amnesty agreement with Stolt-Nielsen shipping company is the subject of a detailed and engaging article in Corporate Counsel, available on law.com, which provides a window into the DOJ’s thi...

Chocolate Antitrust Update: Study Shows That Chocolate Price Rises Don’t Justify Price Rises

June 17, 2008 13:31

Chocolate Antitrust Litigation - I've posted previously (here, here, here, and here) about In re Chocolate Confectionary Antitrust Litigation, MDL 1935 (M.D. Penn.), in which chocolate makers are accused of conspiring to fix prices. A recent study lends some support these accusations. Rise in...

Retail Drugstore Chains Allege AmEx’s Anti-Steering Provisions Are Anticompetitive

June 13, 2008 19:16

Drugstores Sue AmEx for Antitrust Violations - Retail drugstore chains CVS, Rite Aid, and Walgreens have filed suit against American Express (“AmEx”), alleging that AmEx violated the federal antitrust laws through restrictions it imposed on merchants that accept AmEx credit cards.Anti-Steering Pro...

FTC Chair to Become P&G VP-General Counsel

June 11, 2008 15:06

FTC Chairwoman Debora Platt Majoras will resign from the FTC and will join Procter & Gamble as Vice-President General Counsel, its number two attorney.P&G's current general counsel, James Johnson, earlier this month announced his plans to retire in June. The company named deputy general...

Study Ranks Top Venues for Patent Litigation

June 05, 2008 16:43

A recent study provides valuable insights for those involved in patent litigation.The study (.pdf), by PricewaterhouseCoopers, compiles data regarding recent patent litigation cases and provides statistical support for the conventional wisdom that patent holders fare better in jury trials, as...

Sharper Image Closing All Its Retail Stores Amid Nationwide Rise in Bankruptcies

June 04, 2008 03:07

Sharper Image to Sell Stores - In April, I posted about the rise in retail bankruptcies, including Sharper Image, which filed for Chapter 11 bankruptcy in February. A bankruptcy court has approved Sharper Image's plan to liquidate all of its retail stores, though it will continue to operate through...