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International Law

Trade Regulation Talk

John W. Arden is the Executive Editorial Director for the CCH Trade Regulation group of Wolters Kluwer Law & Business, a leading provider of research information and workflow solutions in antitrust and trade regulation, as well as other key specialty areas. He has written and edited legal publications for more than 25 years, focusing on the areas of antitrust, advertising, franchising and distribution law, and intellectual property.

Post Frequency: 3.6/day

Last Entry: July 14, 2015 at 19:48:00

Google Data Collection Violated

Posted on November 04, 2010
Google Data Collection Violated Canadian, UK Law: Privacy OfficialsThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Google Inc.?s collection of personal information from unsecured wireless networks while gathering WiFi data for use in the ?Street View? feature of its online mapping service has violated the privacy laws of both Canada and the United Kingdom, according to officials of both nations...

FTC Ends Investigation of Google

Posted on November 03, 2010
FTC Ends Investigation of Google ?Street View? Data Collection PracticesThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The Federal Trade Commission has ended its investigation of Google?s data collection practices related to its ?Street View? program, according to a letter sent to Google on October 27 by David Vladeck, the Director of the FTC?s Office of Consumer Protection...

Consumers Could Not Pursue Divestiture

Posted on November 02, 2010
Consumers Could Not Pursue Divestiture of InBev?s Acquisition of Anheuser-BuschThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Missouri beer consumers were not entitled to equitable relief undoing the now-consummated acquisition of Anheuser-Busch Companies, Inc...

Supplement Marketer's Compliance

Posted on November 01, 2010
Supplement Marketer's Compliance with FTC Consent Decrees to Be ReconsideredThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Philadelphia has ruled that a lower court clearly erred when it denied the Federal Trade Commission's motion to hold a supplement and cosmetics marketer, its sole shareholder, and a consultant in contempt for violation of consent decrees resolving an earlier FTC enforcement action...

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Indictment Charges Former Airline

Posted on October 29, 2010
Indictment Charges Former Airline Executives with Conspiracy to Fix Fuel SurchargesThis posting was written by John W. Arden.Four former airline executives have been charged with a conspiracy to fix surcharges on air cargo shipments from the U.S. to South and Central American, following Hurricanes Katrina and Rita, in a one-count indictment returned yesterday in the federal district court in Miami...

FTC Should Expand Coverage, Streamline

Posted on October 28, 2010
FTC Should Expand Coverage, Streamline Disclosures of Business Opportunity Rule: StaffThis posting was written by John W. Arden.The Federal Trade Commission should expand coverage of its Business Opportunity Rule to cover work-at-home businesses and streamline required disclosures in an ?easy-to-read? document, the FTC staff recommended in a report released today...

Online Retailer Faces Class Action

Posted on October 27, 2010
Online Retailer Faces Class Action for Allegedly Negligent Rebate AdThis posting was written by William Zale, Editor of CCH Advertising Law Guide.An online purchaser established that class certification should have been granted on claims that online retailer Buy...

Overpayment Caused By Deceptive

Posted on October 27, 2010
Overpayment Caused By Deceptive Ad Could Be Recoverable Under Massachusetts LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A baby formula purchaser stated a Massachusetts Consumer Protection Act (CPA) claim against the formula manufacturer that allegedly engaged in unlawful and deceptive advertising, according to the federal district court in Boston...

Treating Franchisee as Independent

Posted on October 25, 2010
Treating Franchisee as Independent Contractor Violated Workers? Compensation, Wage LawsThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A franchisor of janitorial cleaning businesses violated Massachusetts law by improperly requiring the franchisee-employee to pay for insurance and by failing to pay the franchisee-employee within a week of the pay period during which the wages were earned, a federal district court in Boston has determined...

Certification of RICO Class of

Posted on October 22, 2010
Certification of RICO Class of Prescription Drug Purchasers ReversedThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A district court abused its discretion by certifying a class of labor unions and insurance companies that allegedly paid too much for the prescription drug Zyprexa, the U...

New York Law Implementing Tobacco

Posted on October 21, 2010
New York Law Implementing Tobacco Settlement Not Shown to Violate Federal Antitrust LawsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Earlier this week, the U.S. Court of Appeals in New York City rejected claims that New York?s Escrow and Contraband Statutes?which were enacted in furtherance of a 1998 Master Settlement Agreement (MSA) between cigarette manufacturers and the states?violated the federal antitrust laws...

Class Action Preferable to Thousands

Posted on October 20, 2010
Class Action Preferable to Thousands of Suits on Dietary Supplement ClaimsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A purchaser of the dietary supplement Relacore established that a class action, rather than the prosecution of thousands individual small claims, was the superior method for proceeding on allegations that Carter-Reed Company violated the New Jersey Consumer Fraud Act by falsely representing that the product would shrink belly fat and improve mood, among other benefits, the New Jersey Supreme Court has ruled...

ABA Forum on Franchising Is ?Healthy

Posted on October 19, 2010
ABA Forum on Franchising Is ?Healthy and Stable,? Says ChairThis posting was written by John W. Arden.The American Bar Association Forum on Franchising remains ?healthy and stable,? in spite of the nation?s economic woes and the ABA?s overall loss of membership, said Forum Chair Ronald K...

Barkoff, Selden Receive Rudnick

Posted on October 18, 2010
Barkoff, Selden Receive Rudnick Award from ABA Forum on FranchisingThis posting was written by John W. Arden.Rupert M. Barkoff and Andrew C. Selden are co-recipients of the second annual Lewis G. Rudnick Award for their contributions to the American Bar Association Forum on Franchising and the development of franchise law...

Pop-up Ad Prior to Software Download

Posted on October 15, 2010
Pop-up Ad Prior to Software Download Could Be DeceptiveThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Online purchasers of McAfee antivirus software stated plausible claims under the California Unfair Competition Law (UCL) that they were deceived by a pop-up ad into inadvertently purchasing a third-party product, the federal district court in San Jose has ruled...

Jury?s Verdict Against Poultry

Posted on October 14, 2010
Jury?s Verdict Against Poultry Producer for Engaging in Unfair Practices UpheldThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Denver yesterday upheld a jury?s determination that the largest poultry integrator in Oklahoma engaged in unfair practices in violation of the Packers and Stockyards Act (PSA)...

Preliminary Injunction Denied in

Posted on October 13, 2010
Preliminary Injunction Denied in Private Suit to Block Airline MergerThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.After the merger of UAL Corporation, parent of United Airlines, and Continental Airlines, Inc, received regulatory approvals from the Department of Justice, the Department of Transportation, and the European Commission, the federal district court in San Francisco rejected a request for a preliminary injunction blocking the merger in a private suit...

?Smart Grid? Needs Consumer Education,

Posted on October 13, 2010
?Smart Grid? Needs Consumer Education, Choice to Protect Privacy: Department of EnergyThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The long-term success of ?Smart Grid? energy technologies depends upon understanding and respecting consumers? reasonable expectations of privacy, security, and control over who has access to energy-usage data, the U...

Focus on FranchisingThis posting

Posted on October 11, 2010
Focus on FranchisingThis posting was written by John W. Arden.News and notes on franchising and distribution topics:? The New Brunswick Franchises Act will come into force on February 1, 2011, three-and-a-half years after receiving Royal Assent, according to Osler, Hoskin & Harcourt LLP...

Retail Chain?s Data Security Breach

Posted on October 08, 2010
Retail Chain?s Data Security Breach Did Not Injure CustomersThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Retail grocery chain customers whose financial information was stolen during a breach of the chain's computer system did not sustain actual harm and could not pursue claims for negligence and implied contract under Maine common law, according to Maine?s highest court...

Supreme Court Opens New Term by

Posted on October 08, 2010
Supreme Court Opens New Term by Declining Review of Four Antitrust DecisionsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.On the opening day of its 2010-2009 term, the U.S. Supreme Court denied review of four antitrust decisions involving price discrimination, price fixing, and conspiracy to restrain trade...

FTC Seeks Comments on Proposed

Posted on October 07, 2010
FTC Seeks Comments on Proposed Revisions to ?Green Guides?This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Marketers use unqualified general environmental marketing claims--such as ?green? and ?eco-friendly?--at their peril, according to the Federal Trade Commission...

Visa, MasterCard Settle U.S./State

Posted on October 05, 2010
Visa, MasterCard Settle U.S./State Antitrust Suit, While American Express Vows to FightThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and Sarah Borchersen-Keto, CCH Washington Correspondent.The Department of Justice and seven states have filed a civil antitrust suit against the three largest credit and charge card transaction networks in the United States, challenging rules that allegedly restrict price competition at the point of sale...

Schwarzenegger Again Vetoes Amendments

Posted on October 04, 2010
Schwarzenegger Again Vetoes Amendments to California Data Breach LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Proposed legislation to amend California's data security breach notification law was vetoed by Governor Arnold Schwarzenegger on September 29, 2010...

Conduct of Venezuelan Officials

Posted on October 01, 2010
Conduct of Venezuelan Officials Not Subject to Civil RICO ClaimsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A Venezuelan businessman and his investment company could not pursue civil RICO claims against Venezuelan government officials and their associates because the action exceeded the territorial reach of federal RICO law, the federal district court in New York City has ruled...

Valuing Franchises in Divorce Cases

Posted on September 30, 2010
Valuing Franchises in Divorce Cases Is a Matter of DiscretionThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.A review of the cases shows that the standard methods for calculating the value of assets do not always control the methodology used in divorce valuations...

Antitrust Chief Addresses New Merger

Posted on September 29, 2010
Antitrust Chief Addresses New Merger Guidelines, Global CooperationThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.At Georgetown?s Global Antitrust Enforcement Symposium in Washington, D.C. on September 21, Assistant Attorney General Christine A...

Non-Signatory Not Obligated to

Posted on September 28, 2010
Non-Signatory Not Obligated to Arbitrate Claims Against Manufacturer, DistributorThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The doctrine of direct benefits estoppel did not obligate an oil drilling company to arbitrate its claims against a manufacturer and a distributor of mooring ropes because the drilling company did not ?embrace? the Purchase Order Agreements between the manufacturer and distributor that contained a mandatory arbitration clause, according to the U...

Tech Firms Resolve U.S. Antitrust

Posted on September 27, 2010
Tech Firms Resolve U.S. Antitrust Challenge to Hiring PracticesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.As the Department of Justice Antitrust Division continues its investigation into the use of ?no solicitation? agreements among employers to hold down employee salaries and defections, six high technology companies have agreed to modify their recruiting practices to settle a federal antitrust action...

California Consumer Protection

Posted on September 24, 2010
California Consumer Protection Laws Govern Nationwide Class in Ticketing Fee CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A California trial court was directed to grant a motion certifying a nationwide class action against Ticketmaster under the California Unfair Competition Law (UCL) and False Advertising Law (FAL), in a decision by a California appellate court...

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