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Public Comment and Judicial Review Regarding Government Antitrust Settlements

Under Section 5(a) of the Clayton Act, 15 U.S.C.S. § 16(a), a final judgment in a successful federal government antitrust enforcement action is prima facie evidence of the defendant's antitrust violation in a subsequent private action for...

Antitrust & Trade Law: Sherman Act

Agreements in unreasonable restraint of trade are prohibited by Section 1 of the Sherman Act, 15 U.S.C.S. § 1. While Section 1 of the Sherman Act provides that "every contract, combination in the form of a trust or otherwise, or...

Trademark Law

Federal False Advertising and False Designation of Origin Claims

Section 43(a) of the federal Lanham Act, 15 U.S.C.S. § 1125(a)(1), provides that a plaintiff may file false...

Federal Regulation of Corporate Takeover Bids or Tender Offers

Traditionally, proxies of shareholders of corporate takeover targets were sought for votes in favor of the takeover. Rules were issued by the Securities and Exchange Commission to regulate the content of proxies so that shareholders were able to...

Insider Trading

The purchase or sale of securities of a company on the basis of inside or non-public material information about the company is considered illegal when the transaction is in breach of a fiduciary duty or a relationship of trust...