This late-summer edition of Commercial Roundup features a notable ruling on personal jurisdiction, a pair of False Claims Act decisions, a couple of opinions tossing class certification orders, a 2-1 split in a securities fraud case (the dissent has the
The Contingency
Insights on Sharing the Risks and Rewards of High-Stakes Business Disputes
The Contingency, published by Barry Barnett, Esq., focuses on commercial litigation with an emphasis on antitrust law, patent disputes, trademark infringement, arbitration, and contract law. The blog covers appellate decisions and legal developments affecting commercial disputes, including issues related to market competition, intellectual property rights, business court jurisdiction, and class-action litigation. It also discusses regulatory and enforcement trends, such as antitrust guidelines and False Claims Act implications, providing insights into litigation strategy and risk management in complex commercial cases.
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Big Boost in Antitrust Funding Won’t Happen in 2023
The near-term prospects for significantly boosting antitrust enforcement appropriations look doubtful.
As I mentioned last month in Antitrust Enforcers Must Have More Funding, the Antitrust Division in the Department of Justice and the Federal Trade Commission need a boost…
Commercial Roundup – July 26, 2023
Why the District Court Didn’t Stop Microsoft from Buying a Top Spot in a Consolidating Video-Game Market
Commercial Roundup – July 13, 2023
Antitrust enforcers must have more funding
Washington DC. September 20, 1987
Robert Bork said that serving on the U.S. Supreme Court “would be an intellectual feast”.[1]
Abstract, arcane, and avid for tricky math, the technocratic approach Bork advocated in The Antitrust Paradox: A Policy at War…
Commercial Roundup – June 28, 2023
Welcome to The Contingency’s Commercial Roundup for June 28!
Since our last issue, much has happened, not least FeedSpot’s recognition of The Contingency as one of the 30 Best Antitrust Law Blogs and Websites.…
Paying More in the “But-For World” as Injury to “Property”
Last month, the American Antitrust Institute and three economists moved to file amicus briefs in favor of an economic model that quantifies what Google describes as “happiness”. AAI and the economists seek to support opinion evidence in antitrust litigation against…