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

December 10th, 2020|Categories: Complex Business Litigation, HB Risk Notes, News, Technology Law|Tags: , , , , |

MoginRubin LLP Washington, DC | San Diego Explore more from MoginRubin LLP! Blog: Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment. By Dan Mogin, Jonathan Rubin, Jennifer Oliver, and Timothy LaComb. List OnDemand CLE Webinar: The Antitrust Case Against Google. Dan Mogin, Jonathan Rubin, Jennifer Oliver, Timothy LaComb, John Newman, Dr. Alan Grant Blog: FTC’s Case Against Facebook Will Test the Flexibility of U.S. Antitrust Law.Authors: Jonathan Rubin and Jennifer Oliver, MoginRubin LLP Blog: Full Ninth Circuit Removes Unwarranted Hurdles to Class Certification. Jonathan Rubin, Dan Mogin. Journal: Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track by Jonathan Rubin Webinar: Class Certification After Olean v. Bumble Bee with Jonathan Rubin, James Bogan lll, Jonathan Cohn, Bradley Hamburger. Journal: FTC v. Amazon: Market Definitions and Section 5 of the FTC Act Podcast: Algorithmic Software Facilitated Price Fixing with Jonathan Rubin Plus, additional insights from the MoginRubin Blog. 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 Antitrust Case Against Google

October 30th, 2020|Categories: CLE OnDemand, Complex Business Litigation, HB Risk Notes, Mass Torts, News, Technology Law|Tags: , , , , |

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 complaint says Google has used anticompetitive tactics to maintain and extend its monopolies in the markets for general search services, search advertising, and general search text advertising. The federal and state governments charge Google uses "exclusionary agreements, including tying arrangements" to "lock up distribution channels and block rivals." Google's considerable wealth helps make this happen. Google pays billions of dollars a year to distributors to secure their position as the default search engine, and prohibits these companies from dealing with Google competitors. Google's exclusionary strategy is being applied more harshly in newer technologies, such as voice assistants, and in its goal of dominating other platforms in the IoT category, such as smart speakers, home appliances, and autonomous cars. Without a court order, the government plaintiffs say, "Google will continue executing its anticompetitive strategy, crippling the competitive process, reducing consumer choice, and stifling competition." What does all of this mean [...]

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

October 17th, 2020|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes, News|Tags: , , , , |

MoginRubin LLP By Dan Mogin, Jonathan Rubin, Jennifer M. Oliver, and Timothy Z. LaComb Journal: Policy Derailed: Can U.S. Antitrust Policy Toward Standard Essential Patents Get Back on Track. Author, Jonathan Rubin, MoginRubin LLP. Podcast: Algorithmic Software Facilitated Price Fixing with Jonathan Rubin Journal:  FTC v. Amazon: Market Definitions and Section 5 of the FTC Act. Author, Jonathan Rubin, MoginRubin LLP Blog: Full Ninth Circuit Removes Unwarranted Hurdles to Class Certificatio. Authors, Jonathan Rubin and Dan Mogin, MoginRubin LLP Blog: FTC’s Case Against Facebook Will Test the Flexibility of U.S. Antitrust Law. By Jonathan Rubin and Jennifer Oliver, MoginRubin LLP OnDemand CLE Webinar:   The Antitrust Case Against Google. Speakers Dan Mogin, Jonathan Rubin, Jennifer Oliver, Timothy LaComb, John Newman, Dr. Alan Grant OnDemand CLE Webinar: Class Certification After Olean v. Bumble Bee, Jonathan Rubin, James Bogan, Jonathan Cohn, Bradley Hamburger Interested in More CLE OnDemand? Click Here. Interested in this program? Click here to send us a note. 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 [...]

European Union’s Top Court Strikes Down EU-US Privacy Shield

August 25th, 2020|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Risk Notes, News, Technology Law|Tags: , , , , |

European Union's Top Court Strikes Down EU-US Privacy Shield The Court of Justice for the European Union has invalidated the EU-US Privacy Shield as an approved mechanism for transferring personal data from the European Union to the United States. The Privacy Shield had been in place since October 2015, and enabled U.S. companies to more easily receive personal data from EU entities. The decision by the court “leaves many companies scrambling to implement alternative mechanisms to safeguard personal data transfers to the U.S.," says Sten-Erik Hoidal of Frederikson & Byron, P.A. With the invalidation of the privacy shield, companies are essentially left to decide on their own how data will be lawfully transferred. Attorneys from Perkins Coie recommend companies “consider amending any data processing addenda (DPAs) which companies have signed with vendors or customers to incorporate the EU Standard Contract Clauses.” Moving forward, U.S. and European companies will now attempt to create a new deal that complies with the privacy standards for transferring digital information. The first large company to weigh in on the decision, Microsoft tells customers that they “can continue to use Microsoft services in full compliance with European law” and that the ruling “does not change the data flows of our services to Consumers.”   Photo by Tabrez Syed on Unsplash Send Us Your News

Organizational Values & Business Risks: Properly Balancing Stakeholder Concerns

August 6th, 2020|Categories: CLE OnDemand, Corporate Compliance, Employment, HB Risk Notes, Mass Torts, News|Tags: , , , , |

Accommodations. Appropriate accommodation for high-risk employees or employees with family members who are at a heightened risk. Mitigation. Attention to means of mitigating transmission and infection. Tracing. Contact tracing and management of data collected, including health data, as well as responses to employees who refuse to report. Patient Sensitivity. Duty to avoid discrimination and stigmatization. Preparedness. Developing plans to address possibility of re-occurrence in the fall and managing possible outbreaks in company’s offices. On-demand on the Thomson Reuters West LegalEdcenter as part of the HB catalog. Organizational Values & Coronavirus Business Risks: Properly Balancing Stakeholder Concerns Produced for Emory University Center for Ethics by HB Litigation Conferences The current pandemic confronts businesses, nonprofit organizations, governments, and the legal profession with innumerable ethical challenges.  Management issues and liability concerns, stakeholder demands and legal duties become even more complex in an environment of uncertainty and one where the consequences could result in serious illness or even death.  This program seeks to engage the participants in thinking through these challenges and developing processes of ethical response to them.  Managers must acknowledge and address the framework of fear associated with the pandemic, ranging from fear of contagion and death to fears of unemployment, childcare, and the duties of home-schooling.  Additionally, as the economy reopens there must be [...]

Healthcare Industry Antitrust Measures Advance as Pandemic Pressures Persist

July 15th, 2020|Categories: Complex Business Litigation, Corporate Compliance, Emerging Litigation & Risk, News|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

Tech’s Big Four Will Testify Before Antitrust Subcommittee

July 13th, 2020|Categories: Complex Business Litigation, Emerging Litigation & Risk, News, Technology Law|Tags: , , , , |

Four Technology Giants’ CEOs Will Testify Before Congress in On-going Antitrust Investigation Executives from Amazon, Apple, Facebook, and Google will appear (either virtually, as they are permitted to, or in person) before the U.S. House of Representatives’ Judiciary Antitrust Subcommittee on July 27, 2020. According to its press release, the Subcommittee has been scrutinizing the companies’ dominance in their respective digital spheres and the “adequacy of existing antitrust laws and enforcement,” since June 2019. The hearing will enable legislators to question the executives about possible antitrust abuses, which have been the focus of many federal, state, and foreign regulatory inquiries. For example, Representatives may inquire about Amazon’s treatment of third-party merchants who sell products on its e-commerce platform, Google’s highly profitable ad business, Apple’s App Store terms that infringe on the rights of third-party app developers, and Facebook’s leverage of previously acquired companies to solidify its social media dominance, according to a July 1, 2020 New York Times article by David McCabe. The hearing may serve as the crowning piece of the Subcommittee’s antitrust probe. As the Subcommittee’s press release stated, the CEOs’ “forthcoming” testimony is “essential” to completion of the investigation.

Monsanto, Bayer Paying Billions for PCB Cleanups

July 3rd, 2020|Categories: Class Actions, HB Tort Notes, Mass Torts|Tags: , , , , |

Read Baltimore Sun environmental writer Scott Dance's June 24, 2020, article titled, "A $550M national class-action settlement includes money for cleanup of PCBs in Baltimore waterways." He offers the Maryland angle on the $550 million class action settlement between Monsanto and 13 government agencies across the U.S., just part of a much larger agreement. "The settlement was one of several that Monsanto’s owner, German pharmaceutical company Bayer, announced Wednesday. Bayer said it’s paying up to $10.9 billion to settle current and potential future litigation over Monsanto’s weedkiller Roundup, which has faced numerous lawsuits over claims it causes cancer, and $1.22 billion to settle two further cases, including the class action focused on PCBs." Dance writes that the terms of this settlement are off to Judge Fernando M. Olquin of the Central District of California for his review. Judge Olquin was one of the presenters on multiple panels at the Class Action Law Forum presented by Western Alliance Bank and produced by my team at HB. Kenneth R. Feinberg, also a presenter, is the court-appointed special master in the case. The Baltimore Sun piece was one of many that gave the local perspective on this nationwide litigation and settlement in progress, like this one from the San Francisco Chronicle, with a Seattle dateline, and this one from the Washington State Wire quoting [...]

Contract Drafting Fundamentals

July 2nd, 2020|Categories: CLE OnDemand, Complex Business Litigation, HB Risk Notes, Law Firm Operations, Mass Torts|Tags: , , , , |

Register Now Contract Drafting Fundamentals: What I Wish They Taught Me in Law School Speaker: Will Marshall | Partner UBM Law LLP Date: Thursday | July 23, 2020 Time: 2pm ET 1pm CT 12pm MT 11am PT Duration: 75 minutes Price: Early Bird Registration: $75 After July 14: $95 Special: Complimentary with discount code! What you get: CLE credit Course materials Webinar recording Answers to your questions! Contact CLE Manager Get practical insights on contract drafting. For new and seasoned attorneys alike, this 75-minute program will cover core, practical aspects of contract drafting, including a broad range of fundamental concepts, skills, and tips.  The program is designed to make you a more deliberate drafter and improve your ability to assess the purpose and effectiveness of each provision in your contract.  We will discuss not only what is on the page, but external dynamics that affect drafting and negotiation. Finally, we will reserve time to answer your questions. I am offering this program for free to my network to help you develop these foundational skills. If you haven't received it, please contact me directly for the complimentary pass code.  -- Will Marshall,  Partner, UBM Law Group LLP Key topics:  The goals and challenges of good drafting. The anatomy and building blocks of a contract. Categories [...]

The Intersection of Privacy and Antitrust Webinar Now Available On-Demand on the West LegalEdcenter

April 2nd, 2020|Categories: Complex Business Litigation, Featured On-Demand, HB Risk Notes, Technology Law|Tags: , , , , |

Available as part of your subscription to The Thomson Reuters West LegalEdcenter®. Don't subscribe to the West LegalEdcenter? This webinar is still available directly from HB. Take it now! Questions for speakers Questions@LitigationConferences.com CLE questions CLE@LitigationConferences.com Check out the MoginRubin blog for more insights on antitrust and privacy law. What attorneys and companies need to know about the increasing interplay between these critical areas of the law.  Highly publicized cases and investigations in the U.S. and Europe of big technology, e-commerce, and social media companies demonstrate how anti-competition laws are being used to scrutinize and challenge not only how these corporations conduct themselves in the marketplace, but the very core of their colossal success: the mass collection and utilization of user data. Are the privacy and antitrust worlds beginning to cross over? Or do they simply run parallel while addressing entirely different types of conduct? Whatever the answer, data is the raw material that drives the likes of Google, Facebook, Apple and Amazon, so how it is handled is a critical question when counseling clients on mergers and acquisitions. 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 [...]

Canna Law Blog Reviews Hemp-CBD Regulations State-by-State, Week-by-Week

July 22nd, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes, HB Tort Notes|Tags: , , , , |

“When it comes to hemp, few states have embraced it like Colorado,” writes Harris Bricken attorney Daniel Shortt. “If you buy a product containing hemp, in any state across the country, it likely came from Colorado.” The state has allocated more than 12,000 acres of outdoor space and 2.35 million square feet of indoor space to hemp cultivation, according to Marijuana Business Daily. Shortt and his colleagues are working their way through a state-by-state series on the Canna Law Blog™, titled Hemp-CBD Across State Lines. The Harris Bricken team has covered Alabama, Alaska, Arizona, Arkansas and California, and added Colorado to the list yesterday, July 21. The firm’s series covers state regulatory activity following the enactment of the federal Agriculture Improvement Act of 2018, aka “The Farm Bill,” which removed hemp and its derivatives from the definition of marijuana under the Controlled Substances Act. The bill gave the USDA regulatory authority over hemp cultivation at the federal level, but states may maintain primary regulatory authority over the crop cultivated within their borders by submitting a plan to the USDA, Shortt explains. Read the Canna Law Blog's Colorado post and follow this series, updated weekly. Related Webinar This Week The Harris Bricken law firm has been on the forefront of the law regarding cannabis and related products for years. Three Harris Bricken [...]

Top Five Things to Know if You’re Building Your Cannabis Empire Through M&A — CannaLawBlog

May 7th, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes|Tags: , , , , |

Cannabis is associated with calm. Joining the industry is anything but. Hilary Bricken already has nearly a decade of experience in the field of cannabis law. She founded the Canna Law Blog in 2010, which now has several contributors from the Harris Bricken firm and is easily one of the best out there. Her latest post offers insights on companies who wish to build their cannabis business through mergers and acquisitions. In her May 6 post, titled "Top Five Things to Know if You're Building Your Cannabis Empire Through M&A," she writes:  "It’s no secret that multiple state-by-state operators are building their cannabis empires through aggressive mergers and acquisitions. Last year, our cannabis business attorneys closed more than $100 million in cannabis company acquisitions, and that shows no signs of stopping in 2019. Cannabis M&A is not your run-of-the-mill business dealing though, and working from boilerplate, rote M&A documents is hugely dangerous. In addition, diligence is oftentimes like a regulatory spiderweb laden with liabilities that other businesses do not face. In addition, the barriers to entry in the cannabis industry are increasingly high, tedious, and protectionist, which can really torture business deals." Bricken writes that "if you find yourself turning into a larger multi-state operator though acquiring cannabis businesses," there are at least five things you should know. Read on for what she has to [...]

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