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14 Nov 2011, 1:49 pm by Jeff Cox
Underscoring the FTC’s vigilant attention to internet privacy concerns, it appears a settlement of the FTC’s charges against Facebook, Inc. is imminent. [read post]
14 Nov 2011, 12:22 pm by Steve Bainbridge
… This is because, as the court has explained, under the misappropriation theory of liability, it is the undisclosed use of confidential information for personal benefit, in breach of a duty not to do so, that constitutes the deception.[8] The present state of the law thus leaves unresolved which of three viable alternatives is correct: As per Rule 10b5-2, a fiduciary duty is not required; rather, a mere agreement to keep information confidential suffices. [read post]
14 Nov 2011, 9:25 am
This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The Department of Justice Antitrust Division announced on November 8 that it will require New West Health Services Inc. to sell the majority of its commercial health-insurance business to a third-party buyer and to provide additional relief in order to alleviate agency concerns that a proposed six-year exclusive agreement between five of New West’s six hospital owners and Blue Cross and Blue… [read post]
14 Nov 2011, 9:23 am
Soler-Chrysler Plymouth, Inc., 473 U.S. 614 (1985), CCH Business Franchise Guide ¶8387. [read post]
14 Nov 2011, 7:50 am by Stikeman Elliott LLP
That said, ordinary course due diligence processes, integration planning and certain types of restrictive pre-closing covenants are, generally speaking, uncontroversial in Canada and, with appropriate guidance from counsel, can be implemented in a manner that minimizes antitrust risk while at the same time allowing the parties to achieve their business objectives. [read post]
11 Nov 2011, 9:56 am by Stikeman Elliott LLP
Assessments of materiality should not, however, be made with the benefit of hindsight. [read post]
10 Nov 2011, 7:10 pm by Kiera Flynn
Florida National Federation of Independent Business v. [read post]
10 Nov 2011, 12:10 pm by Mike Scarcella
District Court for the District of Columbia ruled against H&R Block, Inc. [read post]
10 Nov 2011, 4:25 am by Steven M. Gursten
“AAA, which is the only one of the three leading carriers whose business consists predominantly of Michigan business, more than doubled its profits in five years, from $50.9 million in 2002 to $104.2 million in 2006,” Angoff declared in his 2007 profitability analysis. [read post]
9 Nov 2011, 1:59 pm by escottjohnson
Whiting didn’t do a cost-benefit analysis much sooner and realize that the cost to her business in community relations and goodwill far outweighed any economic benefit she would ever derive from “owning” the word Hon. [read post]
9 Nov 2011, 8:21 am by James Hamilton
With regard to the first factor, what was the benefit, if any, to the company as a result of the violation, the SEC noted that the financial institution directly benefitted in the amount of $160 million as a result of the CDO transactions, and the magnitude of the direct benefit to the entity counseled in favor of a significant monetary penalty.Regarding the second factor of whether the penalty will recompense or further harm the injured shareholders, the SEC noted that,… [read post]
9 Nov 2011, 8:00 am by Sonya Hubbard
Unless you live in the mid-Atlantic states of Maryland, Pennsylvania, New York, New Jersey, or West Virginia, you may not have heard of Weis Markets, Inc. [read post]