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17 Oct, 2007 9:02 am
Monday, the 8th Cir. affirmed U.S. District Court Judge Mary Ann Medler's ruling last year in C.B.C. Distribution and Marketing, Inc. v. Major League
Baseball Advanced Media, LP. At issue was a purely contractual issue, which we don't care about here (CBC had a contract with MLB to use players names and stats. When it ended [...]
22 Sep 2:05 pm
... "plausibility" standard, the FTC sufficiently pleaded a cause of action against a corporate officer for personal liability for deceptive marketing practices. Facts: The FTC
sued multiple companies and their officers for marketing software using misleading " ... claim against him in his individual capacity. Under the FTC Act, upon establishment of
corporate liability for deceptive marketing, individual defendants may be held personally liable upon proof that they "participated directly" in the acts ...
14 Jan 4:00 pm
This morning, the California Supreme Court denied a petition to publish the opinion in Martinez v. WIld Oats Markets, Inc., which upheld a trial verdict finding that store
manager was misclassified as exempt, under the executive exemption, ... works. MARTINEZ v. WILD OATS MARKETS, INC. Case: S168412, Supreme Court of California: 2009-01-14
Event Description: Publication request denied (case closed) Notes: George, C.J., was absent and did not participate. Not Reported in Cal.Rptr.3d, 2008 WL 4572161, ...
22 Jan, 2007 9:53 am
... Cir.2004), citing Sport's Farm LLC v. Sportsman's Market, Inc., 202 F.3d 489, 493 (2nd Cir.2000). Both ... (10) Disparages the goods, services or business of another
by false representation of fact. R.C. § 4165.02(A). "The Ohio Deceptive Trade Practices Act is substantially similar to section ... consequence, the Court declines to issue an
injunction based on Defendants' alleged violation of R.C. § 4165.02(A). III. For the foregoing reasons, the Plaintiffs' Request for Preliminary Injunction is GRANTED ...
2 Apr 5:36 pm
... Wild Oats operated 74 stores in 24 states. Under the consent order, responsibility for marketing and selling the 32 stores will be placed with a divestiture trustee who will
have six months to ... that Whole Foods competes against all supermarkets, not just PNOS, that the relevant market for antitrust purposes must be all supermarkets, and that the
merger would not substantially ... the three judges takes a different stance. FTC v. Whole Foods Market, Inc., D.C. Cir., No. 07-5276, amended opinion, 11/21/ ...
1 Nov 4:30 pm
... Fishman, Esq., Chief Exceleration Officer, Ross Fishman Marketing, Inc. Jonathan R. Fitzgarrald, Director of Marketing, Greenberg Glusker Andrew Fleming, Senior
Partner, Business Law ... Business Development, Bingham McCutchen Michael Grant, Partner, Business Analysis, ShiftCentral, Inc. Anthony Green, President, Concep Melanie S. Green,
Director of Business Development ... L. Navarre, Director, Law Gravity LLC Reed S. Oslan, P.C., Partner, Kirkland & Ellis LLP Sheri L. Palomaki, Business Manager ...
22 Aug, 2007 1:47 pm
... by Whole Foods. We now have the per curiam order. It says: that Whole Foods Market, Inc. be enjoined from taking any further steps to acquire the stock, assets, or any
other interest ... an injunction and should not be construed in any way as a ruling on the merits. See D.C. Circuit Handbook of Practice and Internal Procedures 32 (2007). It is
Upon consideration of the ... hand. Federal Trade Comm'n v. Whole Foods Market, Inc., No. 07-5276 (D.C. Cir. Aug. 20, 2007) (per curiam). The panel consisted of ...
29 Jul, 2008 8:49 pm
... FTC v. Whole Foods Market, Inc., 502 F. Supp. 2d 1, 28 (D.D.C. 2007). D.C. Circuit Had Previously ... weighing the equities and considering the FTC's
likelihood of ultimate success. As the D.C. Circuit stated, "preliminary injunctions are meant to be readily available to preserve the status quo ... Consumers - In arguing that
the merger would substantially lessen competition, the FTC had relied on its market definition, arguing that there was a distinct line of commerce for premium natural and organic
...
3 Jun 8:02 am
... , Filed June 1, 2009 Continuing the trend of fantasy sports litigation, Yahoo! Inc., has filed a lawsuit seeking declaratory judgment against the defendants National Football
League ... players assign their rights to the Association which, in turn, grants NFL Players Inc. exclusive use of the Group Licensing Rights. Yahoo! provides NFL fantasy
football ... almost identical to CBS Interactive mentioned above, as well as C.B.C. Distribution and Marketing Inc. v. Major League Baseball Advanced Media,
L.P ...
11 Feb, 2008 4:45 am
... October 2007 to enable its emergence from chapter 11. On October 25, 2007, the Citigroup Global Markets Inc., Goldman Sachs Credit Partners L.P., Deutsche Bank
Securities Inc ... syndication, they would take the loans on their own books, and (b) the market MAC provision was no more than never-used boilerplate dictated by bank
... and disclosed at the time the Commitment Parties entered into the Commitment Letter; and (c) there has been no adverse change since the execution of the Commitment Letter in
...
29 Jul, 2008 6:45 pm
... Foods/Wild Oats merger. FTC v. Whole Foods Markets, Inc., No. 07-5276 (D.C. Cir. July 29, 2008) (Whole Foods decision). ... there was some remedy available
during the pendency of the FTC administrative proceedings. The D.C. Circuit noted that the FTC complained of adverse effects on competition in only eighteen different local ...
proceedings. If it does, Whole Foods may have to divest stores in these markets. The Supreme Court long ago held that divestiture is the preferred remedy. Neither the courts ...
5 Mar, 2008 6:00 am
... an arbitration proceeding seeking classwide relief for the employer's violations of the Fair Labor Standards Act ("FLSA") (29 U.S.C. §§200 et seq.), which has a statutory
"opt-in" class certification procedure (29 U.S.C. §216(b)). Id. ... would apply to a UCL "unlawful" prong class action predicated on the defendant's FLSA violations. Bahramipour
v. Citigroup Global Markets, Inc., 2006 WL 449132 (N.D. Cal. 2006); see also Harris v. Investor's Business Daily, Inc., 136 Cal.App.4th 28 (2006) (same).
24 Jul, 2007 11:37 am
... TIMING IS THE RAPID AND FREQUENT TRADING IN MUTUAL FUNDS THAT CAN BENEFIT SOME INVESTORS AT THE EXPENSE OF OTHERS by Lawrence C. Melton, Esq., lmelton@dhayeslaw.com THE HAYES
LAW FIRM, www.dhayeslaw.com Scandals involving deceptive market timing are in ... of Mutual Funds by Brokers, July 24, 2007). [www.nyse.com]. The NYSE said that the Smith Barney
Division of Citigroup Global Markets, Inc. failed to supervise branch offices and financial consultants "who engaged in market timing, including the ...
20 Sep, 2007 2:50 pm
by Lawrence C. Melton, Esq., lmelton@dhayeslaw.com THE HAYES LAW FIRM, www.dhayeslaw.com, 1-866-332-3567, www.aboutbrokerfraud.com What is market timing? According to
Wikipedia, an online encyclopedia, "market timing is an investment ... activities. The NYSE said that the Smith Barney Division of Citigroup Global Markets, Inc.
failed to supervise branch offices and financial consultants "who engaged in market timing, including the use of deceptive trading practices to conceal their own identities ...
29 Jul, 2008 4:42 pm
... to enjoin Whole Foods from acquiring Wild Oats. The majority concluded that "the district court committed legal error in assuming market definition must depend on marginal
consumers; consequently, it underestimated the FTC's likelihood of success on the merits." Federal Trade Comm'n v. Whole Foods Markets, Inc., No. 07-5276, slip op. at 2
(D.C. Cir. July 29, 2008). The court remanded the case so that the district court could weigh the "equities" before ruling on whether to enter ...
6 Feb 7:00 am
... in San Diego County Superior Court seeking nearly $250,000 in unpaid wages on behalf of a group of workers for Einstein Industries Inc., a San Diego online health care and
legal marketing company. The complaint alleges that from August through November 2007, Einstein Industries Inc. failed to meet their obligation to timely pay wages to
their employees, instead paying employees anywhere from one day to several weeks late. The ...
11 Jun, 2008 11:33 am
... Globe reveal that UBS Financial Services knew of the looming collapse of the auction-rate securities market but it only tipped off a few select investors. In the article
"Wall Street Firm ... so far....Securities lawyers said evidence that one side of the firm knew about the impending market collapse without telling the other could pose legal
trouble for UBS." Auction-rate ... UBS AG (NYSE: UBS), UBS Securities LLC and UBS Financial Services Inc. between May 8, 2003 and Feb. 13, 2008 and who continued to ...
16 Sep 6:16 am
... source. Which referral sources refer your ideal clients to you? Do a mini makeoverArmed with this information, you can improve your marketing and business development
efforts. During this back to school season, when you are re-evaluating old tasks or considering taking on ... eliminate a group or activity that hasn't resulted in business or doesn't
bring you in contact with your target market? Can you step up your efforts with respect to those sources from whom you haven't been receiving business? ...
29 Aug, 2007 7:43 am
On August 24, the day after it dissolved an adminstrative injunction, the D.C. Circuit issued a scheduling order that "deferred" the "briefing in this case . . . pending further
order of the Court." Federal Trade Comm'n v. Whole Foods Market, Inc., No. 07-5276 (D.C. Cir. Aug. 24, 2007). Blawgletter doesn't know the reason for the deferral
or what it portends. But we do note that yesterday Whole ...
28 Apr, 2008 6:00 am
In Springman v. AIG Marketing, Inc., ___ F.3d ___ (7th Cir. Apr. 15, 2008), the Seventh Circuit noted a split among the circuits respecting whether post-removal activity
can re-"commence" a case for CAFA removal purposes. Slip op. at 3. This question frequently came up in cases filed before CAFA's effective date of February 18, 2005. According to the
opinion, "[t]he outlier is the Ninth Circuit." Id. at 3 (citing McAtee v. Capital One, F.S.B., 479 F.3d 1143, 1145- ...
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