In answering a certified question from the Second Circuit, the New York Court of Appeals recently held that the “separate entity rule” was not abrogated by the court’s decision in Koehler v. Bank of Bermuda, 12 N.Y.3d 533 (2009). In Koehler, the court had held that a judgment creditor could seek the turnover of stock […]
Foley & Mansfield is pleased to announce that three partners from our Miami office have been named to the 2015 South Florida Legal Guide Top Lawyers list. Named Top Lawyers in South Florida are managing partner Virginia Easley Johnson for Litigation, Kevin O’Connor for Medical Malpractice and Construction Litigation Defense and Timothy J. Ferguson for […]
Sometimes parties will enter a contract whereby one agrees to buy (or supply) all of its needs (or product) to the other. For example, maybe a supplier and retailer agree that only the supplier’s product will be sold in the retailer’s stores? This usually isn’t free as the supplier will offer something—better services, better prices, […]
When a seller requires buyers to purchase a second product or service as a condition of obtaining a first product or service, it may run afoul of the federal antitrust laws. This is called a tying arrangement or tying agreement. Importantly, unlike other selling conditions like loyalty discounts, bundling, and exclusive dealing, for example, tying arrangements […]
I’ve often written about real estate on this blog. There are two reasons for this. The first and most important reason is because my wife and I invest in real estate and thus talk about real estate, so it is on my mind. In fact, I am currently scheduled to take the exam for my California real-estate license. Bona Law […]
International Referral, the world’s largest exclusive network of advisory firms is delighted to introduce Mark Semenoff of Semenoff LLC. Mark has joined IR as our exclusive Environmental Law member in US-Colorado. Mark Semenoff represents and counsels clients on the full range of statutory, regulatory and development issues related to complex and often controversial mining, energy, […]
When you are an antitrust lawyer, an exciting day each quarter is the arrival of a fresh issue of the Antitrust Law Journal. I’ve previewed these issues in the past, here and here. Once again, the Antitrust Law Journal has arrived and it looks like a great one. This issue includes an extensive symposium entitled “Robert Bork and Antitrust […]
If lawyers in Detroit’s bankruptcy case want to get paid, they need the blessing of Chicago attorney Robert Fishman. An army of lawyers, auditors and consultants has swarmed Detroit for 16 months, generating paperwork and arguments and billing more than $140 million in negotiating the largest municipal bankruptcy in U.S. history. Now they want to […]
International Referral, the world’s largest exclusive network of advisory firms is delighted to introduce Robert L Parks of The Law Offices of Robert L. Parks, P.L. Robert has joined IR as our exclusive Aviation Law member in US – Florida. “Justice is the great interest of man on earth; it is the ligament which holds […]
International Referral, the world’s largest exclusive network of advisory firms is delighted to introduce Greg Beattie of Veritas Corporate Law, P.C. Greg has joined IR as our exclusive Corporate Law Member in the US – California. Greg Beattie’s practice focuses on corporate and technology law, emphasizing private company representation, mergers, acquisitions and strategic joint ventures, […]
Antitrust injury is one of the most commonly fought battles in antitrust litigation. It is also one of the least understood antitrust concepts. No matter what your antitrust theory, it is almost certain that you must satisfy antitrust-injury requirements to win your case. So you ought to have some idea of what it is. The […]
An article in the Wall Street Journal caught my eye: “FCC Questions AT&T Over Investment Pause: Company Freezes Plans to Build Ultrafast Internet Service.” The reason for the pause is the FCC’s flirtation with the idea of net neutrality. A government policy of net neutrality would require internet service providers—like broadband companies—to enable access to […]