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HTMLNew Jersey Enacts the 'Ban-the-Box' Law
Robert H. Bernstein, Andrew B. Buckman; Greenberg Traurig, LLP;
Legal Alert/Article
August 21, 2014, previously published on August 15, 2014
On August 11, 2014, the Governor of New Jersey signed into law the Opportunity to Compete Act (OCA), which restricts employers from asking about criminal convictions on an applicant’s job application or during the applicant’s initial job interview. New Jersey’s version of the...

 

HTMLBankruptcy Court Lacks Subject Matter Jurisdiction to Determine Tax Refund Claim Requested by Post-Confirmation Liquidating Trustee
Scott M. Grossman; Greenberg Traurig, LLP;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
A bankruptcy court lacks subject matter jurisdiction to determine a tax refund claim under Section 505(a)(2)(B) of the Bankruptcy Code where the refund was requested by a liquidating trustee appointed pursuant to a plan, as opposed to a pre-confirmation bankruptcy trustee or debtor-in-possession,...

 

HTMLEU Commission Publishes Merger Regulation White Paper on Minority Shareholdings
Simon Harms, Hans Urlus, Emilie van Hasselt; Greenberg Traurig Maher LLP;
White Paper
August 18, 2014, previously published on August 14, 2014
In the United States, merger control rules require notifications to be submitted to the Federal Trade Commission and Department of Justice in respect of certain acquisitions of non-controlling minority shareholdings.

 

HTMLGeneral Overview of Mexico's New Federal Competition Law
Blanca Luévano Garcia, Bertha Alicia Ordaz-Avilés; Greenberg Traurig, S.C.;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
This Article provides a general overview of Mexico’s new Federal Competition Law (the Federal Competition Law), as well as certain amendments and additions to the Federal Criminal Code on competition grounds that were all published in the Official Gazette on May 23, 2014, and became effective...

 

HTMLFTAIA Remains a 'Foreign' Statute Open to Multiple Interpretations
Scott Martin; Greenberg Traurig, LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
Congress enacted the Foreign Trade Antitrust Improvements Act (FTAIA) in 1982 to clarify the extraterritorial reach of the Sherman Act. Subsequently, the FTAIA itself was the subject of a further clarifying opinion by the Supreme Court barely a decade ago - one that, unfortunately, left open to...

 

HTMLThe European Commission Updates an Important 'Safe Harbor' Protecting Commercial Arrangements from Competition Law Challenges
Simon Harms, Hans Urlus, Emilie van Hasselt; Greenberg Traurig Maher LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
European Union (EU) competition law prohibits "[...] all agreements between undertakings [...] which may affect trade between [EU] Member States and which have as their object or effect the prevention, restriction or distortion of competition within the [EU's] internal market [...] (the...

 

HTMLEuropean Commission Raises the Stakes for Undertakings to Comply with EU Merger Control Rules
Stephen C. Tupper; Greenberg Traurig Maher LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
On July 23, 2014, the European Commission (Commission) imposed a fine of EUR 20 million on Marine Harvest, the Norwegian salmon farmer and processor, after it acquired a 48.5 percent stake in its competitor Morpol prior to obtaining the required clearance from the Commission under the European...

 

HTMLThe Second Circuit Limits the Obligation of A Monopolist to Deal with Competitors
John J. Elliott, Irving Scher; Greenberg Traurig, LLP;
Legal Alert/Article
August 18, 2014, previously published on August 14, 2014
When does breaching a contract also violate the antitrust laws? On June 9, 2014, a unanimous panel of the Second Circuit affirmed a district court ruling that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply the patented drug to competing...

 

HTMLLike-Gating for App-Based Sweepstakes Entries Soon to End on Facebook
Ed Chansky; Greenberg Traurig, LLP;
Legal Alert/Article
August 14, 2014, previously published on August 8, 2014
For many years, it has been common for advertisers to require consumers to “like” the advertiser’s Facebook page as a condition of accessing an app-based sweepstakes entry page.

 

HTMLMisclassification of Independent Contractors: A Challenge for Massachusetts Companies in the Delivery, Taxi, and Livery Sectors
Jack S. Gearan, David G. Thomas; Greenberg Traurig, LLP;
Legal Alert/Article
August 14, 2014, previously published on August 11, 2014
In 2008, the Massachusetts Office of the Attorney General (AGO) issued an advisory about the AGO’s understanding and enforcement of the Massachusetts "Independent Contractor" or "Misclassification" Law, Mass. Gen. Laws Ch. 149, § 148B (Misclassification Law). Although...

 


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