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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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Firms' Gap Insurance Demands Did
Posted on March 31, 2010Firms' Gap Insurance Demands Did Not Violate Sherman, Bank Holding Company ActThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A seller of motor vehicle gap insurance products could not maintain Sherman Act or Bank Holding Company Act claims against a financial services firm and two affiliate entities for the firm's refusal to purchase, from car dealers, credit transactions that included the complaining seller's gap insurance products, the federal district court in Covington, Kentucky, has held...
Hospitals? Steering of Patients
Posted on March 30, 2010Hospitals? Steering of Patients to Equipment Providers Did Not Violate Antitrust Law This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.An Alabama hospital and a corporation that operated several hospitals in the same area, along with their affiliated joint ventures that provided durable medical equipment (DME), did not violate the Sherman Act or Alabama antitrust law by allegedly using their control of hospital services to coerce patients into buying or renting DME (including beds, wheelchairs, and oxygen tanks) from those affiliates...
Government Contractor May Have
Posted on March 29, 2010Government Contractor May Have RICO Liability for Human TraffickingThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.RICO claims predicated on forced labor and human trafficking could proceed against defense contractor Kellogg, Brown, and Root (KBR), the federal district court in Houston has ruled...
Gift Card Fees, Expiration Dates
Posted on March 26, 2010Gift Card Fees, Expiration Dates Limited by Federal Reserve RulesThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The Federal Reserve Board has announced final rules that restrict the application of fees and expiration dates to store gift cards, gift certificates, and general-use prepaid cards...
UFOC Disclaimers Did Not Preclude
Posted on March 25, 2010UFOC Disclaimers Did Not Preclude Franchisee Reliance on NondisclosureThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The general language of the exculpatory clauses in a coffee shop franchisor?s Uniform Franchise Offering Circular (UFOC) did not preclude several prospective franchisees from reasonably relying on the franchisor?s nondisclosure of the financial losses of its parent company, a Colorado appellate court has decided...
FTC Seeks Comments on Revising
Posted on March 25, 2010FTC Seeks Comments on Revising COPPA RuleThis posting was written by Cheryl Beise, Editor of CCH Guide to Computer Law.The FTC announced on March 24 that it is seeking public comments on the costs and benefits of the agency?s Children?s Online Privacy Protection Act (COPPA) Rule...
Drug Store Chain, Supplement Maker
Posted on March 23, 2010Drug Store Chain, Supplement Maker Executives Settle FTC Deceptive Ad ClaimsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Walgreen Company has agreed to pay nearly $6 million to settle FTC charges that the company deceptively advertised its ?Wal-Born? line of dietary supplements, the agency announced today...
Google's Sponsored Links Not False
Posted on March 22, 2010Google's Sponsored Links Not False Ads or Designations of OriginThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Google's publishing of ?sponsored links? in response to an online search for a building materials seller's ?Styrotrim? trademark could not constitute false advertising or false designations of origin, affiliation, connection, or association of a competitor with the seller in violation of the Lanham Act, the federal district court in Sacramento has ruled...
Subway Can Pursue Suit Challenging
Posted on March 19, 2010Subway Can Pursue Suit Challenging Quiznos' Comparative AdsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Lanham Act claims challenging Quiznos' television commercials and an Internet contest, comparing the amount of meat in Quiznos and Subway sandwiches, could not be rejected on summary judgment because there were numerous unresolved issues of material fact, the federal district court in Hartford has ruled...
Late Opt-Outs Permitted in Antitrust
Posted on March 18, 2010Late Opt-Outs Permitted in Antitrust Class Action Against Insurers, BrokersThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.In an antitrust class action against insurance companies and brokers, a federal district court did not abuse its discretion when it extended the ?opt-out? deadline and modified the settlement class so that late-filing opt-outs could elect to be excluded from the class settlement, the U...
Mortgage Relief Scheme Violated
Posted on March 18, 2010Mortgage Relief Scheme Violated New Jersey Consumer Fraud ActThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A real estate lawyer and his client engaged in a fraudulent mortgage relief scheme that violated the New Jersey Consumer Fraud Act (CFA) by misleading mortgage holders, according to the U...
Tax Software Firms, Organization
Posted on March 17, 2010Tax Software Firms, Organization Partnering with IRS Were Immune from Antitrust SuitsThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A group of private sector tax software companies and an organization that allied those companies in a free tax preparation and e-filing service partnership with the Internal Revenue Service (IRS) were protected under the implied immunity doctrine from claims asserted by a putative class of taxpayers and tax preparers that the companies and organization violated federal antitrust law by agreeing among themselves to limit their offering of free electronic-filing ("e-filing") services to the taxpayers, according to the U...
Cosmetics Firm Resolves California
Posted on March 15, 2010Cosmetics Firm Resolves California Resale Price Fixing SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A company that markets cosmetics and skin care products has agreed to settle a civil suit brought by the State of California, alleging that it engaged in vertical price fixing in per se violation of the California Cartwright Act and the California Unfair Competition Law...
LifeLock Agrees to Settle FTC,
Posted on March 12, 2010LifeLock Agrees to Settle FTC, State Suits Challenging Identity Theft Protection ClaimsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Identity theft service LifeLock, Inc. has agreed to pay $12 million and to refrain from making deceptive claims to settle FTC and state charges that it misrepresented its services...
FTC Commissioner Jones Harbour
Posted on March 12, 2010FTC Commissioner Jones Harbour ResignsThis posting was written by John W. Arden. Editor of CCH Trade Regulation Reporter.Following the Senate confirmation of her successor last week, Federal Trade Commissioner Pamela Jones Harbour submitted her resignation as Commissioner, effective April 6, 2010...
Voting Equipment Company Resolves
Posted on March 10, 2010Voting Equipment Company Resolves U.S., State Concerns over AcquisitionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Election Systems & Software, Inc.?the largest provider of voting equipment systems in the United States?has agreed to settle an antitrust complaint filed by the U...
Sub-Distributor Failed to Adequately
Posted on March 09, 2010Sub-Distributor Failed to Adequately Allege Illinois ?Franchise?This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A sub-distributor of electrical components failed to adequately allege that its relationship with a distributor was a "franchise" under the meaning of the Illinois Franchise Disclosure Act, according to the federal district court in Chicago...
Michigan Blue Cross Drops Acquisition
Posted on March 09, 2010Michigan Blue Cross Drops Acquisition Plan After U.S. Threatens SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Blue Care Networks of Michigan and Sparrow Health System announced on March 8 that they were ending their agreement that would have enabled Blue Care Network to acquire the membership of Lansing, Michigan-based Physicians Health Plan of Mid-Michigan...
Company Owner Not Liable for Violations
Posted on March 07, 2010Company Owner Not Liable for Violations of Iowa Anti-Spam LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.An individual who co-owned and operated a corporation that sent a large number of unsolicited commercial e-mails in an effort to generate leads for a mortgage broker could not be held jointly and severally liable to an Internet service provider for $236 million in statutory damages under Iowa's anti-spam statute, the U...
FDA Calls on Food Companies to
Posted on March 05, 2010FDA Calls on Food Companies to Correct Labeling ViolationsThis posting was written by William Zale, Editor of CCH Advertising Law Guide. The U.S. Food and Drug Administration has notified 17 food manufacturers that the labeling for 22 of their food products violates the Federal Food, Drug, and Cosmetic Act...
Senate Confirms Brill and Ramirez
Posted on March 04, 2010Senate Confirms Brill and Ramirez as FTC CommissionersThis posting was written by John W. Arden.Julie Simone Brill and Edith Ramirez were confirmed by the Senate yesterday as Federal Trade Commissioners. Brill will serve a seven-year term, starting from September 26, 2009, while Ramirez will serve a seven-year term, starting from September 26, 2008...
Repeal of Health Insurance Antitrust
Posted on March 04, 2010Repeal of Health Insurance Antitrust Exemption Passes HouseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Health insurers would lose their exemption from the federal antitrust laws under the proposed "Health Insurance Industry Fair Competition Act," which was overwhelmingly approved by the House of Representatives on February 24...
Sham Drug Patent Litigation, Not
Posted on March 03, 2010Sham Drug Patent Litigation, Not Reverse Payments, Could Have Violated Antitrust LawThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The manufacturer of a branded drug used to treat male hypogonadisma and three generic drug manufacturers could have conspired to restrain trade in violation of federal antitrust law by entering into settlements of sham patent infringement litigation under which the generic drug makers kept their versions off the market in exchange for a portion of the branded manufacturer's monopoly profits, the federal district court in Atlanta has ruled...
Current Gasoline Franchisees May
Posted on March 02, 2010Current Gasoline Franchisees May Not Claim Constructive Termination, Nonrenewal: High CourtThis posting was written by John W. Arden.Gasoline station franchisees may not maintain actions for constructive termination or constructive nonrenewal under the federal Petroleum Marketing Practices Act (PMPA) after accepting renewal agreements from a franchisor and continuing to operate their franchises, the U...
Tobacco Companies, Justice Department
Posted on March 01, 2010Tobacco Companies, Justice Department Ask High Court to Review Civil RICO DecisionThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.In five separate petitions, six tobacco companies have asked the U.S. Supreme Court to review a 2009 RICO decision (United States v...
Distributor, Manufacturer May Share
Posted on February 26, 2010Distributor, Manufacturer May Share ?Community of Interest? under Wisconsin Dealer LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A "community of interest" under the meaning of the Wisconsin Fair Dealership Law (WFDL) could have existed between a Wisconsin toy distributor and a French manufacturer, bringing the distributorship within the anti-termination provisions of the dealer law, the federal district court in Milwaukee has decided...
Investment Firm Not Liable Under
Posted on February 25, 2010Investment Firm Not Liable Under RICO for Customer's Money Laundering SchemeThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.The receivers of seven insurance companies that lost nearly $200 million to Martin Frankel, an investor who had purchased the companies in order to loot their assets, could not prevail in a RICO conspiracy claim against Dreyfus Service Corp...
FTC Finds Sensitive Data Leaked
Posted on February 24, 2010FTC Finds Sensitive Data Leaked from Organizations to P2P NetworksThis posting was written by Cheryl Beise, Editor of CCH Guide to Computer Law.The Federal Trade Commission announced on February 22 that it has notified nearly 100 organizations that personal information emanating from the organizations' computer networks had been shared and was available on peer-to-peer (P2P) file-sharing networks where it could be accessed and used to commit identity theft or fraud...
U.S., EC Clear Agreement Between
Posted on February 23, 2010U.S., EC Clear Agreement Between Microsoft and Yahoo!This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Microsoft Corporation and Yahoo! Inc. announced on February 18 that they would begin implementing their proposed search agreement, after receiving clearance from the Department of Justice Antitrust Division and the European Commission (EC)...
New Health Care Proposal Would
Posted on February 22, 2010New Health Care Proposal Would End Pay-for-Delay Drug SettlementsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.President Barack Obama announced on February 22 his latest proposal for health care reform. One of the provisions of the proposal is aimed at preventing delays in generic drug competition by targeting ?pay-for-delay? settlements between drug companies...
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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...








