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[iv] If there is no direct evidence of such an agreement, plaintiffs must show there was parallel action—where the defendants all acted in unison and the behavior “would probably not result from chance, coincidence, independent responses to common stimuli, or mere interdependence unaided by an advance understanding among the parties”[v]—and “plus factors” which show collusion. [read post]
4 Jun 2020, 6:41 pm by Francis Pileggi
Invoking the principles articulated in USA Cafes, the Court of Chancery recently held that a controller cannot use its control over an entity to advantage himself at the expense of the controlled entity. 77 Charters, Inc. v. [read post]
27 May 2020, 4:00 am by Administrator
CNOOC Petroleum North America ULC v 801 Seventh Inc, 2020 ABCA 212 (CanLII) [17] In deciding whether there is a serious issue to be determined by the Court of Appeal, the judge hearing the stay application must make a preliminary assessment of the merits of the appeal, not simply rely on jurisprudence which holds that the bar is low on this threshold question. [read post]
26 May 2020, 8:57 pm by Scott McKeown
NPRM to Codify Existing Practices with Notable Exception The United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking today to update its rules to conform to SAS Institute Inc. v. [read post]