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Is The Government Losing Its Merger Home Field Advantage?
The conventional wisdom is that the government has a significant advantage when challenging mergers in court, and that this advantage is especially difficult to overcome when the government presents major customer witnesses opposing the transaction. However, three recent government court losses in which the Federal Trade Commission (FTC) or Department of Justice (DOJ) teamed up with state attorney generals challenge that conventional wisdom. In each case, the trial judge subjected the government's theories and proof to close and skeptical analyses. Two courts discounted the testimony of major customers presented by the government and two courts gave considerable weight to “fixes” entered into by the defendants that lessened the alleged anticompetitive effects of the challenged transactions.
These three cases will clearly influence the parties' strategies in merger challenges, particularly with respect to customer opposition, fixes, market definition and proof of anticompetitive effects.
U.S. v. Oracle Corporation
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?