I. Particular Popular Subject Areas of Interest A. Privacy class actions 1. Growing challenges to data security 2. Had been frequently dismissed for lack of standing or compensable injury, but…
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I. Introduction A. From the standpoint of the manufacturer or franchisor, an independently owned outlet—whether it is a dealership, a distributorship, or a franchise—is typically most effective when the outlet…
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I. Source of the Privilege A. Common Law: 1. “The attorney-client privilege is the oldest of the privileges for confidential communications known to the common law.” Upjohn Co. v. United…
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I. Overview and Trends A. Class action filings in state and federal courts have risen from 10,240 filings in 2014 to 13,488 filings in 2016, and are projected to climb…
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I. Why Care About Compliance? A. Regulators Care 1. e.g. DOJ, SEC, DEA, FDA, EPA, State OIGs B. Industry Standard in 2017 C. “Good business and good common sense” 1.…
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Recent Developments in Noncompete and Trade Secrets Law I. General Refresher on Case Law Governing Noncompete Agreements a. Overview: i. Differing legal standards apply when analyzing the enforceability of a…
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I. Approach To Litigation A. Downsides of litigation are well known: 1. Out-of-pocket costs 2. Diverts attention and resources 3. Unpredictable and inefficient B. Prevention 1. Companies can take simple…
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I. State of the World A. Cyber Risk Reality 1. “here are only two types of companies: those that have been hacked and those that will be. And even they…
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I. Who Sells Your Products? A. Dealers 1. A dealer or distributor is usually defined as a contract or agreement by which the dealer or distributor (1) is granted the…
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I. Background Facts Greensward Croft, Inc. is a Milwaukee, Wisconsin based manufacturer of agricultural and grounds maintenance equipment, which they sell through a network of more than 60 dealers across…
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What to Expect from the New Administration President Trump’s Promises Free trade no longer works Losses of U.S. manufacturing jobs are the fault of other governments China steals U.S. intellectual…
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Being a franchisor means being subject to significant regulation of the relationship with your franchisees. Pre-sale registration and disclosure Federal: 16 CFR Part 436 State Pre-sale disclosure: California, Hawaii, Illinois,…
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What is equipment? McCarthy Integrated Sys. v. Evoqua Water Tech., 379 P.3d 263 (Ariz. Ct. App. 2016): The Arizona Court of Appeals determined that the Arizona Equipment Dealers Act includes…
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Overview: Antitrust constraints on efforts to direct the advertising of resale prices A minimum advertised price (“MAP”) policy is a supplier’s policy that resellers not advertise prices below a price…
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How are Advertising Issues Usually Raised? complaints by competitors enforcement by FTC, FDA or USDA complaints by consumers (more…)
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I. Introduction A. Enforcement Trends B. Priority Enforcement Areas 1. Economic Sanctions (OFAC) 2. Export Controls (ITAR and EAR) 3. Anti-Bribery & Corruption (FCPA & UKBA) 4. Anti-Money Laundering (AML)…
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Practical Considerations to Email Campaigns I. Framework for Analyzing Electronic Messages A. Does CAN-SPAM/CASL apply? B. Is consent needed? C. Has an appropriate opt-out mechanism been provided? D. What…
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I. FCPA Overview A. Importance of anti-corruption compliance B. Elements of the FCPA (15 U.S.C. §78dd-1, et seq.) 1. Anti-Bribery Provision a. Corruptly; b. Offering, promising, authorizing, or…
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“Red flag” is a term of art in the FCPA/anti-corruption compliance world. The presence of a red flag does not necessarily mean that illegal conduct has occurred or that the…
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Introduction Manufacturers/franchisors typically exercise great caution in vetting potential dealers/franchisees before awarding the dealership or franchise Similar care ought to be exercised when deciding whether to allow an existing dealer/franchisee…
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Overview Establishing the Relationship Select Jurisdictions: Brazil, Colombia, Mexico, and Puerto Rico (more…)
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Key antitrust statutes for distribution issues Section 1 of the Sherman Act Section 3 of the Clayton Act Robinson-Patman Act (more…)
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