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HTMLOfcom Consults on Proposed Shake-Up of UK Telecoms Market
Francesco Liberatore, Bruce A. Olcott; Jones Day;
Legal Alert/Article
July 28, 2015, previously published on July 2015
Ofcom, the UK's communications regulator, has published a discussion document on its Strategic Review of Digital Communications. The document outlines possible changes to the regulatory regime applying to all digital communications services in the UK, including broadband, mobile, landline and...

 

HTMLNew Product Safety Bills Address Child-Resistant Packaging for E-Cigarettes and Detergent Pods
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
April 9, 2015, previously published on February 23, 2015
Last year, we wrote about legislative efforts on Capitol Hill to require the CPSC to implement a rule requiring childproof packaging for liquid nicotine containers. Liquid nicotine typically refills the vials for e-cigarettes, which are rapidly gaining in popularity. Recently, Senator Bill Nelson...

 

HTMLA Clean Slate? California Bill Is Latest Attempt to Legislate Labeling Requirements for Cleaning Products
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
April 9, 2015, previously published on March 11, 2015
Another potentially meaningful development in legislation affecting consumer products companies: on February 25, a California legislator introduced a bill, AB 708, that would require manufacturers, distributors and retailers to disclose all “chemical” ingredients for designated consumer...

 

HTMLFTC Tastes “Sweet” Victory: The Implications of POM Wonderful for Government Practice
Timothy J. Slattery; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
April 9, 2015, previously published on February 10, 2015
In part two of this two-part series, we explore two critical takeaways for those facing potential government intervention: (1) the implications of the Court’s deference to the Commission, and (2) whether a substantive disclaimer is a silver bullet to avoid agency scrutiny (or, at least, an...

 

HTMLAnd the Beat Goes On: NY State Assembly to Vote on GMO Labeling Law
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
April 9, 2015, previously published on March 5, 2015
Coming on the heels of the reintroduction of the Genetically Engineered Food Right-to-Know Act, on March 3, 2015, the New York State Assembly Committee on Consumer Affairs and Protection voted 9 to 6, with one abstention, to pass bill A.617, which would require food made with genetically modified...

 

HTMLCanada’s Anti-Spam Law
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
April 9, 2015, previously published on March 24, 2015
Canada’s anti-spam law (commonly known as “CASL”) creates a comprehensive regime of offences, enforcement mechanisms and potentially severe penalties (including personal liability for corporate directors and officers) designed to prohibit unsolicited or misleading commercial...

 

HTMLDeja Vu All Over Again: Federal GMO Labeling Legislation Re-Introduced
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
April 9, 2015, previously published on February 20, 2015
Last week, Sen. Barbara Boxer of California, Richard Blumenthal of Connecticut, and Rep. Peter DeFazio (D-Ore)¿joined by chef-lebrity Tom Colicchio¿announced the reintroduction of The Genetically Engineered Food Right-to-Know Act, a federal bill that would mandate the labeling of foods...

 

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

 


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