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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 Recent Entries: 820
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Trade Regulation TidbitsThis posting
Posted on May 12, 2010Trade Regulation TidbitsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.News, updates, and observations:? House Transportation Committee Chair James L. Oberstar (D, Minn.) announced his opposition to the proposed merger between United Airlines and Continental Airlines in a conference call with reporters on May 6...
False Tooth Makers? Claims Against
Posted on May 11, 2010False Tooth Makers? Claims Against Monopolist Cleared for Trial, Leading to SettlementThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Artificial tooth maker Dentsply International, Inc. could have engaged in unlawful monopolization through practices that included tooth swaps with dental product dealers and the offering of loyalty rebates to exclusive dealers, the federal district court in Harrisburg, Pennsylvania, has ruled...
Comment Period on Proposal to Revise
Posted on May 10, 2010Comment Period on Proposal to Revise Merger Guidelines ExtendedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC has extended the period for submitting public comments on a proposed revision of the Horizontal Merger Guidelines...
FTC Alleges Merger-to-Monopoly
Posted on May 07, 2010FTC Alleges Merger-to-Monopoly in Market for Education Marketing InformationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Dun & Bradstreet Corporation?s 2009 acquisition of the assets of Quality Education Data (QED), a division of Scholastic, Inc...
Draft of Proposed Federal Privacy
Posted on May 06, 2010Draft of Proposed Federal Privacy Legislation ReleasedThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A discussion draft of legislation to protect the privacy of information about individuals both on the Internet and offline was released by Representatives Rick Boucher (D, Virginia) and Cliff Stearns (R, Florida) on May 4...
Antitrust Enforcers Reportedly
Posted on May 05, 2010Antitrust Enforcers Reportedly Set to Probe Apple?s License AgreementThis posting was written by John W. Arden.According to published reports, the Federal Trade Commission and Department of Justice are negotiating to determine which agency will pursue an antitrust inquiry of Apple Computer Inc...
Trade Regulation TidbitsThis posting
Posted on May 04, 2010Trade Regulation TidbitsThis posting was written by Jeff May, Editor of CCH Trade Regulation Reporter.News, updates, and observations:? Senator Herb Kohl (D, Wis.), chairman of the Senate Antitrust Subcommittee, said his subcommittee was likely to hold a hearing to examine whether the merger of Continental and United Airlines will lead to higher prices or lower quality of service...
States Keep Passing Franchise
Posted on May 03, 2010States Keep Passing Franchise and Distribution Laws, but Focus on Special Industries This posting was written by John W. Arden. State legislatures continue to pass a significant number of statutes regulating franchise and distribution arrangements, but have turned their focus to enacting special industry laws rather than generally-applicable laws, according to Richard H...
Focus on Franchising This
Posted on April 30, 2010Focus on Franchising This posting was written by Pete Reap, Editor of CCH Business Franchise Guide, and John W. Arden. News and notes on franchising and distribution topics: ? A provision of the recently-enacted health care reform legislation, the Patient Protection and Affordable Care Act, requires restaurants that are part of a chain with 20 or more locations doing business under the same name to disclose nutritional information...
Reverse Payment Patent Settlement
Posted on April 29, 2010Reverse Payment Patent Settlement Could Get Second Look from Full Second CircuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Federal Trade Commission Chairman Jon Leibowitz cited a decision handed down today by a three-judge panel of the U...
Agency Heads Discuss Revisions
Posted on April 28, 2010Agency Heads Discuss Revisions to Merger Guidelines at ABA Antitrust MeetingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Antitrust practitioners reviewing proposed revisions to the federal antitrust agencies? Horizontal Merger Guidelines should have a better understanding of current agency practice, according to federal antitrust enforcers speaking April 23 at an enforcement roundtable during the American Bar Association?s Section of Antitrust Law Spring Meeting in Washington, D...
High Court Rules Class Arbitration
Posted on April 27, 2010High Court Rules Class Arbitration in Price Fixing Case Was Improper This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.International shipping companies should not be forced to defend in class arbitration customers' price fixing claims where their arbitration clause was ?silent? on the class arbitration issue, the U...
Hotel Franchisor Not Liable for
Posted on April 26, 2010Hotel Franchisor Not Liable for Patrons? Contracting of Disease at FranchiseThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A hotel franchisor that never voluntarily took on the task of maintaining the pool and spa at a franchised hotel was not directly or vicariously liable for hotel patrons? alleged contracting of Legionnaires Disease, a federal district court in Springfield, Illinois, has decided...
Denny?s Failure to Disclose Sodium
Posted on April 23, 2010Denny?s Failure to Disclose Sodium Content of Meals Not a Deceptive ActThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A restaurant patron could not state an Illinois Consumer Fraud and Deceptive Business Practices Act (CFA) against Denny?s Corporation for failing to disclose the sodium content of its meals, according to the federal district court in Chicago...
Former Players Can Pursue Publicity
Posted on April 22, 2010Former Players Can Pursue Publicity Rights Claims Against NFLThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Former professional football players? right of publicity claims against the National Football League could not be dismissed on the theory that NFL promotional videos did not constitute commercial speech and were entitled to First Amendment protection as expressive works, the federal district court in St...
Final Claims Dismissed in Novell?s
Posted on April 21, 2010Final Claims Dismissed in Novell?s Antitrust Suit Against MicrosoftThis posting was written by Cheryl Beise, Editor of CCH Guide to Computer Law.Software developer Novell, Inc. could not pursue two claims remaining in an antitrust action against Microsoft because Novell transferred the claims to a third party in an asset purchase agreement, the federal district court in Baltimore has ruled...
FTC Proposes Updates to Horizontal
Posted on April 20, 2010FTC Proposes Updates to Horizontal Merger GuidelinesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Following a series of joint public workshops held by the FTC and Department of Justice over the past six months, the FTC is seeking public comment on a proposed revision of the Horizontal Merger Guidelines...
Steak House Chain May Have Engaged
Posted on April 19, 2010Steak House Chain May Have Engaged in Racketeering Scheme to Violate Immigration LawsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Former employees of a Ruth?s Chris Steak House franchise in Birmingham, Alabama, sufficiently alleged that the franchisor, the franchisee, and the owner of the franchise had engaged in a racketeering scheme to violate federal immigration laws, the U...
Senate Judiciary Committee?s DOJ
Posted on April 15, 2010Senate Judiciary Committee?s DOJ Oversight Hearing Touches on Antitrust IssuesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The ?Antitrust Division?s revitalized enforcement? was among the ?many good things? accomplished by the Justice Department over the last year, Senator Herb Kohl (D-Wis...
Trade Regulation TidbitsThis posting
Posted on April 14, 2010Trade Regulation TidbitsThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Notes on recent state enforcement actions:? American International Group (AIG) has agreed to pay $9 million to settle a lawsuit by the State of Ohio alleging violations of the state?s antitrust laws...
Buyers of Municipal Derivatives
Posted on April 13, 2010Buyers of Municipal Derivatives Adequately Allege Conspiracy to Fix Prices, Allocate CustomersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Municipalities and other purchasers of municipal derivatives adequately alleged a conspiracy to allocate customers and fix prices for municipal derivatives, the federal district court in New York City has ruled...
Utah Enacts Phishing, Pharming,
Posted on April 12, 2010Utah Enacts Phishing, Pharming, Spyware ProhibitionsThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The new Utah ?E-Commerce Integrity Act,? which was signed by Governor Gary R. Herbert on March 26, 2010, prohibits certain Internet-related conduct, including phishing and pharming...
UK Commissioner May Order Fines
Posted on April 09, 2010UK Commissioner May Order Fines for Serious Breaches of Data Protection ActThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.New enforcement powers aimed at helping the United Kingdom?s Information Commissioner?s Office (ICO) deter data security breaches came into effect under UK law on April 6, 2010...
Magazine Telemarketers Enjoined
Posted on April 08, 2010Magazine Telemarketers Enjoined from Violating FTC Act, Telemarketing Sales RuleThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Las Vegas has a ?small surprise? for some telemarketers who sold magazines to consumers at their places of employment...
Senator Calls for Close FTC Scrutiny
Posted on April 08, 2010Senator Calls for Close FTC Scrutiny of Google?s Acquisition of Mobile Ad Provider AdMobThis posting was written by Cheryl Beise, Editor of CCH Guide to Computer Law.A key U.S. Senator this week urged the Federal Trade Commission to closely scrutinize Google?s proposed acquisition of mobile advertising service provider AdMob...
Challenge to Consummated Acquisition
Posted on April 07, 2010Challenge to Consummated Acquisition in Dairy Market Survives Motion to DismissThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Milwaukee today refused to dismiss one of the two counts in a complaint filed by the U...
Ramirez, Brill Sworn In as New
Posted on April 06, 2010Ramirez, Brill Sworn In as New Federal Trade CommissionersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Edith Ramirez and Julie Brill were sworn in as new Federal Trade Commissioners by FTC Chairman Jon Leibowitz on April 5 and 6, respectively...
Cleaning Service Franchisees Qualify
Posted on April 05, 2010Cleaning Service Franchisees Qualify as ?Employees? Under Massachusetts LawThis posting was written by John W. Arden.Cleaning service franchisees were employees?rather than independent contractors?within the Massachusetts Independent Contractor statute, according to the federal district court in Boston...
Consumer Debtors Could Pursue Civil
Posted on April 02, 2010Consumer Debtors Could Pursue Civil RICO Suit Based on Arbitration Fraud This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Consumer debtors pursuing a civil RICO action sufficiently alleged a pattern of racketeering involving arbitration fraud by a private equity firm and one of its subsidiaries, the federal district court in St...
Evidence That eBay?s Ads Misled
Posted on April 02, 2010Evidence That eBay?s Ads Misled Consumers Merits Another LookThis posting was written by William Zale, Editor of CCH Advertising Law Guide. In light of evidence that online marketplace eBay knew that ?Tiffany? products advertised and sold on eBay often were counterfeit, the U...
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Medical Malpractice: Your Case Is On The Trial Calendar-Can Defense Lawyers Talk to Your Doctor?
Your New York attorney has notified the Court that your case is re...
Junior Statesmen hear eminent domain talk
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Restaurant Sued for Throwing Wok at Chinese Talk
Minado, a Long-Island, New York Japanese restaurant chain, has se...
When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...
When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...
Trade Secrets
Former execs are hit with doctrine of inevitable disclosure.
How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
What can be done to stop "Harry T. Keane Jr" from persuig his Entertainment Fraud Business ?
Harry Keane in the Dallas Tx area is a fraud. He cannot tell the truth. His whol...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Can I sue my employer for creating a hostile work environment and lying about my work performance to get me to quit?
How does the owner of the business feel about all of this? I suggest that you tr...

How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
What can be done to stop "Harry T. Keane Jr" from persuig his Entertainment Fraud Business ?
Harry Keane in the Dallas Tx area is a fraud. He cannot tell the truth. His whol...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Can I sue my employer for creating a hostile work environment and lying about my work performance to get me to quit?
How does the owner of the business feel about all of this? I suggest that you tr...








