2nd Circuit OKs LG-Samsung-eSmart Merger
April 1, 2016
The DOJ decided to strike up another fire by initiating an antitrust suit against a new fruit on the iVine, so to speak. The Second Circuit, in an astounding ruling released this week, sided with smart phone producers, in essence, allowing a merger of Samsung, LG, & eSmart. These three companies are the makers of the new ePhone, advertised as, “doing all of the things you wish your iPhone could do.”
Proof of BitPay: Admissible or Hearsay?
February 23, 2016
It’s hard to imagine where to begin with this: proving the transfer of items that do not exist. Bitcoins seem to be mere figments of our imagination in this new digital age. But they have value because they can be used to purchase goods and services. What if you needed to prove a purchase made with bitcoins? Is a bitcoin receipt admissible or hearsay?
FTCs 63B Denial Counterproductive
January 13, 2016
Imagine if there were only one supplier who provided every single product you needed ─ from food to toiletries to reading materials to office supplies. That may be where things are headed. Where might this begin? With the FTC’s injunction of the merger between office supply giants, Staples and Office Depot.
7th Circuit Throws Monkey Wrench In $2.46 Billion Verdict
July 7, 2015
Most securities fraud actions never reach trial, so when a lawsuit against a company known as Household (now owned by HSBC) and its top executives was tried by a jury and produced a judgment of $2.46 billion in October 2013, the case made headlines. After defendants challenged the judgment on numerous grounds, the appellate court found flaws in, among other things, the proof of a key element of plaintiffs’ claim—loss causation. Read more to learn about the Seventh Circuit's ruling on the pivotal expert witness testimony in this case.
Hospital Antitrust Skirmish Over Economist
January 17, 2015
Antitrust law is designed to help the Davids of the world maintain a level playing field with the Goliaths. This assertion was tested in a recent case between two primary care medical groups, in which the plaintiff sought to block the acquisition of another medical group by the defendant under the argument that the acquisition would allow the defendant to secure a dominant market share of the adult primary care market in Nampa, Idaho. Read more to learn if the court preserved this level-playing-field objective.
Do Conflicting Experts Preclude Summary Judgment?
September 28, 2014
Courts award summary judgment to a party when there is no genuine dispute of material fact and the moving party is entitled to judgment in its favor as a matter of law. Can summary judgment be awarded if two experts have conflicting opinions about a material fact?
Expert Helps Prove “Efficient Market” in Securities Fraud Litigation
September 15, 2014
The fraud-on-the-market presumption was recently the subject of major publicity as a result of the Supreme Court’s pending decision in Haliburton. Read more to learn about the Court’s decision and other cases that affect this unique area of litigation.