Courts in the U.S. classify lawsuits that challenge the constitutionality of a statute into two categories: facial challenges and as-applied challenges. The distinction between the two is clear in many situations, but sometimes it can get murky. One important distinction involves the plaintiff’s goals and the outcome if the plaintiff prevails in the lawsuit. A […]
Written by Steven Cernak for the Business Grow website by Mark Schaefer. With all the bad business news pounding us today, I wanted to bring you a virtual conference success story. In early March 2020, the American Bar Association Antitrust Law Section was just over a month away from holding its flagship annual Spring Meeting. […]
Your much larger competitor sells the same products as you do but at a much lower price, so low you think that it must be losing money on each sale. Can such “predatory pricing” ever violate the antitrust laws? It is a very difficult monopolization case to make but, as Uber recently discovered, not all […]
Courts often assess punitive damages, also known as exemplary damages, against defendants who engaged in egregious behavior. The purpose of punitive damages is to punish misconduct and deter future misconduct. Unlike compensatory damages, plaintiffs cannot recover punitive damages as a matter of right. The jury has discretion over the amount of the punitive damages’ award, […]
Domain names versus trademarks The nature of a #trademark and the nature of a domain name are different, which is why it generates controversies. The registered trademark confers territorial rights limited by a certain class of the International Nomenclature, while the domain name does give its owner a cross-border right. In that sense, we will […]
As an antitrust lawyer, I find it interesting to see the inner workings of different types of markets—how people and companies buy and sell things. And the entertainment industry is one of the more fascinating ones. The entertainment industry includes an interesting mix of concentrated players at various levels of production and distribution, often vertically integrated. Streaming services […]
IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Juan Daniel Rodriguez Cardoso of Rodríguez Rueda, S.C. Juan has joined IR as our exclusive Competition Law & Cannabis Advisory Member in Mexico. Rodríguez Rueda, S.C. is a Law Firm with more than 10 years of experience, integrated by professionals committed with […]
Guidelines applicable to the procedure for Compulsory Patent Licenses On September 19, 2019 Indecopi´s Directorate of Inventions and New Technologies by Resolution No. 002706-2019/DIN-INDECOPI approved the guidelines applicable to the procedure for the issuance of Compulsory Licenses contemplated in Decision 486 and Legislative Decree 1075. The guideline develops the requirements that the application for the […]
Summary judgment allows a litigant to ask the court to find that no “genuine issues of material fact” exist regarding some or all of the claims in the case, and that they are therefore entitled to “judgment as a matter of law” on those claims. A defendant may use summary judgment to have some or […]
Processing of personal health data during the COVID-19 pandemic in the workplace The Peruvian National Authority for the Protection of Personal Data is exercised by The General Directorate for Transparency, Access to Public Information and Protection of Personal Data. The National Authority for the Protection of Persona Data, which depends hierarchically on the Vice-Ministerial Office […]
Over the last month, our economy has come screeching to a halt as most Americans were either ordered or encouraged to stay at home to slow the spread of the coronavirus. These measures are necessary because we must “flatten the curve” to prevent our health care system from overload. Even Italy, where thousands of COVID-19 […]
Comments on the Institutional Working Paper of INDECOPI N° 001-2020: INDECOPI’s proposals to strengthen the enforcement of Intellectual Property Rights. The Presidency of the Directing Council has issued the Institutional Working Paper “INDECOPI Proposals for the strengthening the Enforcement of Intellectual Property Rights”. This document has interesting proposals that involves granting rewards for piracy and […]