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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.
Antitrust Law
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?