If you liked the old computer game, “Minesweeper,” then you’re ready to take on Hart-Scott-Rodino (HSR) filings for antitrust review of mergers & acquisitions. Both have rules. And both can produce unexpected catastrophes even if think you’re following the rules. In fact, major clients, advised by major law firms, have been hit with hundreds of thousands […]
On August 23, 2018, the California Supreme Court issued a decision in City of Morgan Hill v. Bushey (No. S243042), holding that “the people of a county or city can challenge . . . a zoning ordinance by referendum, at least where the local government has other means available to make the zoning ordinance and general plan […]
It’s an important milestone in the life of a startup venture. You’ve built a product. Perhaps you have been bringing in some revenue. You have attracted some seed funding to get off the ground. Now you’re ready for serious financing to take your business to the next level. And you’re probably approaching meeting with VC’s […]
It’s an important milestone in the life of a startup venture. You’ve built a product. Perhaps you have been bringing in some revenue. You have attracted some seed funding to get off the ground. Now you’re ready for serious financing to take your business to the next level. And you’re probably approaching meeting with VC’s […]
Part One of this series, we looked at several steps every startup should consider taking to make sure the company is prepared before entering into negotiations for its first equity funding round. In this Part Two of the Going Into Series A series, we will be addressing issues to be aware of when you are negotiating […]
Part One of this series, we looked at several steps every startup should consider taking to make sure the company is prepared before entering into negotiations for its first equity funding round. In this Part Two of the Going Into Series A series, we will be addressing issues to be aware of when you are negotiating […]
It’s a complex process that involves uncovering sources of money, using the proper means and evaluating whether the timing is good. If the economy is slow, it’s more difficult to raise cash — no matter how clever your business plan is. Round Robin Financing is often done through “rounds,” which occur over time and involve one […]
Author: Luis Blanquez On July 24, 2018, the European Commission fined manufacturers Asus, Denon & Marantz, Philips and Pioneer for over €111 million for restricting the ability of online retailers to set their own retail prices for a variety of widely-used consumer electronics products. Background The Commission’s e-commerce sector inquiry, which the Commission published in May 2017 as part of its Digital […]
A US patent gives the patent holder a right to exclude others from making, using, and importing the patented invention into the US. Most every other country has similar patent laws and grant patents that are enforceable within their territories. In order to receive a patent, one must first file a patent application and preserver […]
Author: Luis Blanquez On July 24, 2018, the European Commission fined manufacturers Asus, Denon & Marantz, Philips and Pioneer for over €111 million for restricting the ability of online retailers to set their own retail prices for a variety of widely-used consumer electronics products. Background The Commission’s e-commerce sector inquiry, which the Commission published in May 2017 as part of its Digital […]
Plaintiffs must establish “antitrust injury” to recover under federal antitrust laws. This means injury of the type the antitrust laws were intended to prevent and that flows from that which makes the defendant’s conduct unlawful. A plaintiff must satisfy two separate elements to prove antitrust injury: 1. Injury to the plaintiff is of a type that […]
As an antitrust attorney with an antitrust blog, my phone rings with a varied assortment of antitrust-related questions. One of the most common topics involves resale-price maintenance. “Resale price maintenance” is also one of the most common search terms for this blog. That is, people want to know when it is okay for suppliers or manufacturers to dictate or […]