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HTMLFaulty Damages Model Leads to Partial Decertification
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on November 21, 2014
On November 6, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted in part defendant Dole’s motion for decertification in Brazil v. Dole Packaged Foods, LLC. In May of 2014, the court had granted certification of classes under...

 

HTMLDole Defeats “All Natural Claims” for Sweet Victory
Robin A. Achen; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 25, 2015, previously published on December 10, 2014
On December 8, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted defendant Dole’s motion for summary judgment of the plaintiff’s false labeling claims in Brazil v. Dole Packaged Foods, LLC. The court granted summary...

 

HTMLU.S. Antitrust Fines for Price-Fixing: Understanding Volume of Commerce
Scott Wu; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
February 18, 2015, previously published by Determining a price-fixing defendant’s VOC is the first step in the multi-step calculation of the defendant’s final fine. Discounts for cooperation and upward adjustments for aggravating factors, such as serious damage to U.S. commerce or highly culpable misconduct by the defendant, are applied to 20% of VOC (the base fine).  Before the application of discounts and upward adjustments, two fundamental restrictions on what sales may be included in VOC must be considered.  These restrictions are represented in the language "affected by the violation" and "direct, substantial, and reasonably foreseeable effect" on U.S. commerce.  When dealing with the Antitrust Division in plea bargaining or litigation, it would behoove a defendant to keep in mind these two basic limits on VOC when attempting to minimize the defendant’s VOC.
U.S. Antitrust Fines for Price-Fixing: Understanding Volume of Commerce

 

HTMLCongressman Poe Introduces Bill to Expedite U.S. LNG Exports
Sutherland Asbill Brennan LLP;
Legal Alert/Article
February 13, 2015, previously published on January 23, 2015
U.S. Representative Ted Poe (R-TX) has introduced H.R. 428, the Export American Natural Gas Act of 2015, which, according to the press release, would require the U.S. Department of Energy (DOE) to make a decision on whether to approve or deny LNG export applications within 60 days. The bill also...

 

HTMLFTC Updates Merger Filing Thresholds
Peter M. Boyle, Christina E. Fahmy; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
February 6, 2015, previously published on January 20, 2015
On January 15, 2015, the Federal Trade Commission (FTC) announced its updated dollar thresholds to merger filings required by the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act). These thresholds will become effective 30 days after publication in the Federal Register.

 

HTMLDOE Secretary Moniz to Provide Input on LNG Export Bill
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 28, 2014, previously published on November 13, 2014
According to The Hill, U.S. Department of Energy (DOE) Secretary Ernest Moniz is expected to provide input on environmental review and other issues contained in legislation sponsored by Senator John Hoeven (R-ND) that is intended to expedite DOE approval of LNG export applications.

 

HTMLTime to Step Up Your COPPA Compliance
Cynthia J. Larose, Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 3, 2014, previously published on September 25, 2014
The Federal Trade Commission (FTC) has made good on its promise to actively enforce the recently amended Children’s Online Privacy Protection Act (COPPA). Here is what you should know about the latest enforcement actions against Yelp and TinyCo and how these might affect your business.

 

HTMLU.S. House Passes Bill to Expedite LNG Exports
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 25, 2014, previously published on September 19, 2014
Yesterday, the U.S. House of Representatives passed H.R. 2, which includes provisions to expedite LNG exports in Title III, the “Domestic Prosperity and Global Freedom Act.’’ The provisions require that, for applications to export gas involving new facilities subject to FERC or...

 

HTMLNew Jersey Governor Christie Signs ‘Ban the Box’ Legislation
Jackson Lewis P.C.;
Legal Alert/Article
August 18, 2014, previously published on August 12, 2014
New Jersey Governor Chris Christie has signed into law The Opportunity to Compete Act, otherwise known as the “Ban the Box” bill. This legislation will restrict employers from inquiring about an applicant’s criminal background during the initial stages of the application process....

 

HTMLDon't Take Chances: Emerging Trends in Promotion Marketing Law that Every Sponsor Should Know
Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
August 18, 2014, previously published on August 13, 2014
We know that social media and mobile marketing offer creative and cost-effective ways to conduct contests, sweepstakes, and other promotions and spread the word about new products and services. In addition, social media platforms, like Facebook, Instagram, Twitter, and Pinterest, enable companies...

 


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