Arbitration Agreements — Incorporation by Reference of an Arbitration Clause in Another Document Is a Simple Matter ... Isn't It?
November 17, 2016 | Article | By Gilbert Samberg
Drafting an arbitration clause for your agreement is a straightforward matter most of the time. Sometimes it can be as simple as incorporating by reference an arbitration provision in another document or agreement. Easy peasy. Or is it?
October 25, 2016 | Alert | By Heidi Lawson
Policyholders often seek to challenge an insurer’s denial of coverage on the grounds that the insurer waived a defense relied upon to deny coverage.
FTC Fashions Creative Remedy to Permit Presumptively Anticompetitive Merger for Financially Failing Medical Practice
October 11, 2016 | Alert | By Bruce Sokler, Farrah Short
The Federal Trade Commission (the “FTC” or “Commission”) has made its preference known for structural, rather than conduct, remedies when attempting to craft consent solutions in reviewing antitrust provocative mergers.
First Circuit Affirms US Park Service Designation of Long Wharf Pavilion Area for Public Recreational Use
October 4, 2016 | Alert | By Nicholas Cramb, Julianna Hanlon
On September 23, 2016, the United States Court of Appeals for the First Circuit concluded that, “for now, at least, the long war over Long Wharf is at an end.”
September 27, 2016 | Alert | By Bruce Sokler, Robert Kidwell
Last week, in In re Vitamin C Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) vacated a $147 million jury award against Chinese vitamin C sellers Hebei Welcome Pharmaceutical Co. and North China Pharmaceutical Group Corp. (“Defendants”) for price fixing and supply manipulation, ordinarily violations of US antitrust laws.
September 19, 2016 | Alert | By Nicholas Cramb, Joel Rothman, Allan Caggiano
The Massachusetts Appeals Court issued an opinion on August 29, 2016, that has significant ramifications for developers seeking Comprehensive Permits for affordable housing projects under chapter 40B of the Massachusetts General Laws (“Chapter 40B”).
September 15, 2016 | Alert | By Joanne Hawana
As stakeholders and watchers of the expansive field of regenerative medicine likely are aware, earlier this year a study published in the peer-reviewed journal Cell Stem Cell reported on the growth of so-called stem cell clinics operating in the U.S.
No Resuscitation of Hospital’s Exclusive Dealing Antitrust Suit against Competing Hospitals and Physicians
August 23, 2016 | Alert | By Bruce Sokler, Farrah Short
The Third Circuit reminds, “[i]n antitrust suits, definitions matter.” Last week, in applying that maxim, the court affirmed a lower court’s dismissal of a suit filed by a hospital against a competing hospital and physician group, in which the plaintiff hospital alleged that defendants engaged in an illegal exclusive dealing arrangement by referring patients to a third hospital rather than to the plaintiff hospital.
Second Circuit: Aluminum End Users Lack Antitrust Standing; Price Manipulation Claims Against Traders and Warehouses Foiled
August 15, 2016 | Alert | By Bruce Sokler, Robert Kidwell, Lydia Turnier
Last week, in In re Aluminum Warehousing Antitrust Litigation, the US Court of Appeals for the Second Circuit (“Second Circuit”) rejected a claim by certain downstream end-users of aluminum that their price manipulation antitrust suit should be allowed to proceed.
August 3, 2016 | Advisory | By Bruce Sokler, Robert Kidwell, Farrah Short
In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust battles are nothing new, dating back to antitrust lawsuits against the predecessor to Visa in the early 1970s.
July 14, 2016 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
The Department of Justice (“DOJ”) announced this week that an activist investment manager has agreed to pay a record $11 million to settle allegations that it violated the requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act” or “Act”) by improperly relying on the “investment-only” exemption to avoid reporting the transaction and observing the appropriate waiting period.
June 10, 2016 | Alert | By Dionne Lomax, Bruce Sokler
A popular weapon used to contain health care expenditures is the creation by payors and employers of tiered provider networks, which by differentiated co-pays attempt to steer insureds to less expensive choices. In connection with such networks, providers will often provide better pricing in order to be placed on more favorable tiers.
Federal Court Relies on “Evolving Landscape of Health Care” Post-Affordable Care Act to Reject FTC Challenge to Hospital Merger
May 11, 2016 | Advisory | By Bruce Sokler, Robert Kidwell, Dionne Lomax, Farrah Short
Judge takes “the healthcare world as it is, and not as the FTC wishes it to be.”
FTC Settles Monopolization Charges Stemming from Contract Exclusivity Terms Used by First-to-Market Medical Polymer Maker
April 28, 2016 | Alert | By Bruce Sokler, Farrah Short
The mere possession of monopoly power does not violate federal antitrust laws. The laws only address the anticompetitive acquisition, maintenance, or abuse of that power.
April 4, 2016 | Alert | By Bruce Sokler, Farrah Short
The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA Cap”). Plaintiff had alleged that those rules constituted a concerted effort by the NCAA and its member schools to thwart competition.
March 25, 2016 | Alert | By Bruce Sokler, Farrah Short
The Sixth Circuit on Tuesday voted 2 to 1 to reverse a district court’s grant of summary judgment under which a defendant hospital network had been found to be a single entity incapable of conspiring with itself in an anticompetitive manner under Section 1 of the Sherman Act.
March 9, 2016 | Alert | By Bruce Sokler, Farrah Short
In the latest chapter in the litigation wars against college athletics, on March 8, 2016, another antitrust class action was filed against the NCAA in its “home court,” the United States Southern District of Indiana.
Massachusetts Supreme Judicial Court Rejects "Selective Tender Rule" As Exception to Doctrine of Equitable Contribution Among Co-Insurers
March 8, 2016 | Alert | By Nicholas Cramb, Lavinia Weizel
On Monday, March 7, 2016, the Massachusetts Supreme Judicial Court (“SJC”) rejected the “selective tender rule” as contrary to Massachusetts insurance law and sound public policy in Insurance Company of the State of Pennsylvania v. Great Northern Insurance Company.
Rodeo Associations Fail to Wrangle Each Other in First Round of Antitrust Class Action: District Court Denies Plaintiffs’ Preliminary Injunction and Defendants’ Motion to Dismiss
February 8, 2016 | Alert | By Bruce Sokler, Farrah Short
An upstart rodeo association, created and owned by professional rodeo cowboys, challenged that its competitor’s bylaws aimed at the new association and its participants constituted agreements that unreasonably restrain trade and monopolize the market in violation of Sections 1 and 2 of the Sherman Act.
January 24, 2016 | Alert | By Bruce Sokler, Robert Kidwell, Farrah Short
An ophthalmologist cooperative in Puerto Rico settled charges with the Federal Trade Commission (“FTC”) last week that it orchestrated an illegal boycott of a health plan.
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