Business Litigation
On Behalf of Berenzweig Leonard, LLP | July 9, 2019 |
Business Litigation
Antitrust; direct purchaser rule Facts In 2007, Apple introduced the iPhone. The next year, Apple created an electronic App Store where consumers could buy apps for their iPhones. The apps sold to consumers are developed by third-party app developers, not by Apple. Through contract and technical constraints, Apple prohibits the…
On Behalf of Berenzweig Leonard, LLP | July 3, 2019 |
Business Litigation
GAMBLE v. UNITED STATES, ___ U.S. ___ No. 17-646 (2019) I. Facts and lower court rulings In 2008, Terance Gamble was convicted of a felony in Alabama. Subsequently, in 2015, Gamble was stopped for a traffic violation. The officer detected the odor of marijuana emanating from Gamble’s vehicle, and he…
On Behalf of Berenzweig Leonard, LLP | June 26, 2019 |
Business Litigation
NIEVES v. BARTLETT, ___ U.S. ___, No. 17-1174 (28 May 2019). Facts and lower court rulings Russell Bartlett was arrested during an event in Alaska called “Arctic Man,” a winter sports festival in the remote Hoodoo Mountains near Paxson, Alaska. Paxson is a small community of a few dozen residents. …
On Behalf of Berenzweig Leonard, LLP | June 5, 2019 |
Business Litigation
FRANCHISE TAX BOARD OF CALIFORNIA V. HYATT, ___ U.S. ___, No. 17-1299 (13 May 2019). Although this case does not concern a dispute over a will, this long and costly litigation resembles the fictional Court of Chancery case of Jarndyce and Jarndyce conjured by Charles Dickens in his novel Bleak…
On Behalf of Berenzweig Leonard, LLP | May 9, 2019 |
Business Litigation
JAM v. INTERNATIONAL FINANCE CORP., ___ U.S. ___, No. 17-1011 (27 February 2019) The International Finance Corporation (IFC) is an international organization headquartered in the United States. The IFC finances private-sector development projects in poor and developing countries. The IFC financed the construction of a power plant in India. Local…
On Behalf of Berenzweig Leonard, LLP | April 26, 2019 |
Business Litigation
The FTC is nearing completion of its 2018 investigation of Facebook resulting from the Cambridge Analytica debacle. It is already clear that Facebook grossly violated its 2011 FTC Consent Decree. That Decree was based on broad violations of the government’s requirements for Facebook’s protection of user privacy. It turned out…
On Behalf of Berenzweig Leonard, LLP | April 8, 2019 |
Business Litigation
Lorenzo v. Securities and Exchange Commission, ___ U.S. ___, No. 17-1077 (27 March 2019) SEC Rule 10b-5(b) makes it unlawful to “make any untrue statement of a material fact . . . in connection with the purchase or sale of any security.” In Janus Capital Group, Inc. v. First Derivative…
by Clyde E. Findley | March 14, 2019 |
Business Litigation
On May 13, 2019, Justice Kavanaugh created a seismic shift in the world of antitrust law. He abandoned his fellow conservative justices on the Supreme Court and joined the liberal justices to author a 5-4 opinion holding that a class-action antitrust case filed by a group of consumers against Apple,…
On Behalf of Berenzweig Leonard, LLP | March 13, 2019 |
Business Litigation
The Procurement Integrity Act (PIA) restricts the disclosure and knowing obtainment of proprietary bid or proposal information before the award of a procurement to which the information relates. In a recent protest decision, GAO affirmed that the PIA applies only when the government is involved in the alleged misconduct, and…
On Behalf of Berenzweig Leonard, LLP | February 26, 2019 |
Business Litigation
Timbs v. Indiana, ___ U.S. ___, No. 17-1091 (20 February 2019) Eighth Amendment; excessive fines Tyson Timbs pled guilty in Indiana state court to dealing in heroin and conspiracy to commit theft. He was sentenced to one year of home detention and five years of probation, including addiction-treatment.
