Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification

April 14th, 2022|Categories: Emerging Litigation & Risk, HB Emerging Law Notes, HB Tort Notes, Journal on Emerging Issues in Litigation, New Featured Post for Home Page, Tort Litigation|Tags: , , , , , , , |

The Authors Co-founding partner at MoginRubin LLP, Jonathan Rubin focuses his legal practice exclusively on antitrust and competition law and policy. Based in Washington, DC, he has litigated and led trial teams in major antitrust cases throughout the country. He has published in influential academic journals and has spoken to numerous professional groups, including the Directorate General for Competition of the European Commission, the Antitrust Section of the American Bar Association, and the American Antitrust Institute. Dan Mogin, founding and managing partner of MoginRubin LLP, concentrates his practice on antitrust, unfair competition and complex business litigation. He has served as lead counsel in numerous large antitrust cases, chaired the Antitrust Section of the California Bar, taught antitrust law and was editor-in-chief of a leading competition law treatise. Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification “Nothing in Rule 23 [...]

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Cannabis Industry Competition Law with Ausra Deluard and Jennifer Oliver

July 4th, 2021|Categories: ELP, HB Emerging Law Notes|Tags: , , , , , , , , , , , , , , |

Attorneys Ausra Deluard and Jennifer Oliver on Cannabis Industry Competition Law What can legitimate cannabis companies do to level the playing field, not only against others who walk the straight and narrow, but dealers still thriving on the black market? It was my pleasure to interview Ausra Deluard and Jennifer Oliver for what was an informative and even surprising podcast. It's based on their article -- Clearing the Haze: State Laws and Private Plaintiffs Critical to Preserve Competition in Cannabis -- which will be featured in the inaugural issue of the Journal on Emerging Issues in Litigation, which will release in January 2021. Ausra, who is an attorney with the global law firm Dentons LLP, has spent more than a decade advising clients in a range of antitrust matters including merger investigations, competitor collaborations, and pricing and distribution policies. [...]

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FTC’s Case Against Facebook Will Test the Flexibility of U.S. Antitrust Law

December 10th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , , |

MoginRubin LLP Washington, DC | San Diego FTC's Case Against Facebook Will Challenge the Adaptability of U.S. Antitrust Law Society leads, and the law follows. This is especially true in antitrust, where industries and markets undergo constant change brought about by innovation and changing consumer behavior. Confronted with ever evolving commercial circumstances, the courts face a constant struggle to keep up. With the filing of the antitrust cases against the Facebook “monopoly” by the Federal Trade Commission and 47 state attorneys general, U.S. antitrust faces one of its most significant tests since the case of U.S. v. Microsoft, now 20 years old. In the intervening decades, the Internet has spawned a new category of industry, “demand aggregators.” These businesses seek to grow market share not just by capturing supply, but also demand. The power of the dominant digital platforms—Google, Apple, Facebook, Amazon, [...]

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The Antitrust Case Against Google

October 30th, 2020|Categories: Emerging Issues Webinars, Emerging Litigation & Risk, Emerging-On-Demand-CLE, HB Emerging Law Notes, Risk-On-Demand-CLE|Tags: , , , , , , , |

REGISTRATION INCLUDES Nearly 75 minutes of insights from experienced professionals. CLE credit: 1+ (subject to bar rules). For CLE questions: CLE@LitigationConference.com The complete Power Point presentation. Continued access to the complete recording for later use. Answers to your questions via email to the presenters or write to HB and we will be sure to contact the speakers. REGISTER HB Litigation Conferences presents a CLE-eligible On Demand webinar The Antitrust Case Against Google Perspectives from highly regarded competition law attorneys, litigators, and economists. This overview and Q&A has been developed for advertisers, mobile device makers, app developers, corporate counsel, business writers, and search market participants. The U.S. Department of Justice and 11 states have filed a sweeping antitrust suit against Google alleging the tech giant  abuses its position as "monopoly gatekeeper for the internet" to block competitors. The [...]

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Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment

October 17th, 2020|Categories: HB Emerging Law Notes, HB Risk Notes|Tags: , , , , , , , , , , |

MoginRubin LLP By Dan Mogin, Jonathan Rubin, Jennifer M. Oliver, and Timothy Z. LaComb Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment At a conference earlier this year on the Committee on Foreign Investment in the United States, or CFIUS, Assistant Treasury Secretary Thomas P. Feddo spoke with pride of the Committee’s increased funding, jurisdiction, expenditures, and more aggressive review activities. Feddo began the speech by detailing how CFIUS has implemented the 2018 Foreign Investment Risk Review Modernization Act, or FIRMMA, which expanded its jurisdiction and increased its funding. The Committee has invested in new IT infrastructure and personnel, and since May of this year, the Treasury Department has been collecting filing fees for voluntary filers, a new policy which creates a funding mechanism to supplement its budget. Feddo went on to discuss new [...]

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Healthcare Industry Antitrust Measures Advance as Pandemic Pressures Persist

July 15th, 2020|Categories: Emerging Litigation & Risk, HB Emerging Law Notes|Tags: , , |

Healthcare Industry Antitrust Measures Advance as Pandemic Pressures Persist Did consolidation help frustrate U.S. COVID-19 preparedness? Clearly antitrust enforcers must consider external circumstances like the COVID-19 crisis when making enforcement decisions, and the agencies have bene able to pivot to respond to this crisis remarkably quickly. It is important, however, to also consider whether and how these emergency COVID-19 collaborations will unwind once the crisis has subsided. Collaborating competitors will have already shared critical information and resources, and that momentum can be difficult to halt. Jennifer M. Oliver, Partner, MoginRubin LLP READ MORE Jennifer M. Oliver Partner MoginRubin LLP

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The Intersection of Antitrust & Privacy | A MoginRubin Webinar | 10.31.2019

September 14th, 2019|Categories: Emerging-On-Demand-CLE, HB Risk Notes, Risk-On-Demand-CLE|Tags: , , , , , , |

Recorded: Oct. 31, 2019 Duration: 100 minutes Presented by:  MoginRubin LLP Produced by: HB Litigation Conferences The Panel Moderator Daniel J.  Mogin | Managing Partner, MoginRubin LLP Speakers Jennifer M. Oliver, CIPP/US | Partner, MoginRubin LLP Thomas N. Dahdouh | Director, Western Region, Federal Trade Commission Franklin M. Rubinstein | Partner, Wilson Sonsini Goodrich & Rosati Randi W. Singer, CIPP/US, CIPT | Partner, Weil, Gotshal & Manges Contributor Dina Srinivasan | Independent Researcher & Author of The Antitrust Case Against Facebook Dina was unable to present but we thank her for her content contributions.  What you will get: At least 1 hour of CLE credit. Answers to your questions via email. The opportunity to share with others on your team. The complete Powerpoint. The Antitrust Case Against Facebook Dina Srinivasan's statement to the House Committee on the Judiciary, Subcommittee on Antitrust, Commercial, and Administrative Law [...]

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Dan Mogin: Antitrust, Pro-Privacy Moves Led Outside U.S.

March 21st, 2019|Categories: HB Risk Notes|Tags: , , |

In a move that could redefine how 2.6 billion people use Facebook Messenger and Facebook’s acquired WhatsApp and Instagram apps, The New York Times reported on Jan. 25 that Facebook CEO Mark Zuckerberg plans to integrate the platforms. The announcement turned up the volume on antitrust and privacy warnings directed at the social media giant. “Facebook can be legitimately criticized for merging these apps after contrary assurances and perhaps for trying to dominate messaging,” MoginRubin Partner Dan Mogin said, “but perhaps more importantly, this is another example of the evolving convergence between antitrust and privacy that appears to be being driven by forces outside the US enforcement agencies. It’s a challenging issue for antitrust and may eventually lead to a sea change.” See the complete post on the MoginRubin Blog. 

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