Roger Ailes and the Secrecy of Arbitration

Mandatory arbitration is usually criticized, or defended, from the perspective of the parties involved in the dispute itself but an…

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The Latest Fight Over the State-Action Antitrust Immunity Doctrine

Last week, the Federal Trade Commission (“FTC”) submitted its brief urging the Supreme Court to deny antitrust immunity to the…

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In re DDAVP Indirect Purchaser Opinion: Getting It Right

Recently, Judge Seibel of the Southern District of New York denied Defendants’ motion to dismiss in the In re DDAVP…

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Timely News Reminders on the Importance of Private Antitrust Enforcement

On April 2, I read two news stories that highlighted to me the importance of the trial bar’s continuing dedication…

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Seventh Circuit Vacates Northshore Hospital Antitrust Class Certification Denial

Last week, the Seventh Circuit Court of Appeals vacated the district court’s class certification denial[1] in a case involving private…

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Aqua Dots Revisited

A few months ago, I wrote a short blog post to discuss my disagreement with a Northern District of Illinois…

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Bayer v. Sandoz: Upping the Relevant Market Pleading Requirements

Defining an antitrust market is a difficult and complex task, but the analysis is guided by firmly established economic principles. …

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Ninth Circuit Allows Blinded Foreign Patient Suit to Proceed in U.S.

In early April, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled that a group…

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Seventh Circuit Clarifies Pleading Standard for Antitrust Collusion

There has been little consistency between courts when it comes to addressing the scope and application of the Twombly[1] pleading…

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No Adequate Remedy in Aqua Dots Case

In In re Aqua Dots, a case recently heard in the Northern District of Illinois, the court faced a class…

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