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What Lessors Need to Know About Antitrust : Competitors of Copier Equipment Provider Entitled to a 'Kodak Moment' in Alleging a Single Provider Relevant 'Aftermarket'
The Ninth Circuit recently examined an antitrust issue with significant relevance to the equipment leasing industry. In Newcal v. IKON Office Solution, 513 F.3d 1038 (9th Cir., Jan. 23, 2008), competitors of a copier equipment provider, IKON Office Solution ('IKON'), alleged that defendant IKON used 'fraudulent practices' to secure and lengthen its customer contracts, thus reducing the ability of competing copier equipment providers to contest for 'aftermarket' business.'
Although the district court had granted a motion to dismiss pursuant to FRCP 12(b)(6) on the ground that IKON did not have market power over a 'unique' product or service, and that any control that it had acquired over its customers was a function of contract, and not market power, the Ninth Circuit reversed. The following article is an analysis of the relevant law of antitrust and a discussion of applicable issues that counsel should consider when marketing proprietary aftermarket equipment.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.