FOIA Requests May Preclude False Claims Act Suits

In a 5-3 decision, the Supreme Court reversed and remanded a decision of the Court of Appeals for the Second Circuit asserting jurisdiction over a False Claims Act qui tam action, because a written agency response to a Freedom of Information Act request is a “report” within the meaning of the FCA’s bar against qui […]

National Market for Air Travel Inappropriate for Analyzing Merger

by Jeffrey May, CCH Trade Regulation Reports A private suit for a preliminary injunction blocking the merger of United Airlines and Continental Airlines was properly dismissed, the U.S. Court of Appeals in San Francisco has ruled in a not-for-publication decision. The plaintiffs –airline travelers and travel agents –failed to define a valid relevant market for […]

DoD Issues Interim Rule on Contractor Business Systems

An interim rule issued by the Department of Defense revises the Defense Federal Acquisition Regulation Supplement to improve the effectiveness of DoD oversight of contractor business systems. The interim rule follows two proposed rules (¶70,020.283 and ¶70,020.260) and the enactment of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (PL 111-383). Section […]

Improperly Defined Relevant Markets Doom Private Merger Challenges

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. Recently, the U.S. Court of Appeals in San Francisco rejected two appeals in private merger challenges based on improper relevant market definitions. Air Travel A private suit for a preliminary injunction blocking the merger of United Airlines and Continental Airlines was properly […]

Facebook Users’ Privacy Claims Dismissed

This posting was written by Cheryl Beise, Editor of CCH Guide to Computer Law. The federal district court in San Jose has dismissed claims filed by a putative class of Facebook users who alleged that the social networking website unlawfully transmitted their personal information to third-party advertisers without their consent. The users’ California Legal Remedies […]

Trade Regulation Tidbits

This posting was written by the editorial staff of the CCH Trade Regulation Reporter. News, updates, and observations:  U.S. Senator Herb Kohl (D, Wis.) has announced that he will not seek another term in 2012. Kohl, who is the chairman of the Senate Judiciary Committee’s Antitrust Subcommittee, is currently serving his fourth term in […]

PepsiCo Enjoined from Using POLAR SHOCK Mark on Slushes

by Thomas Long, Legal Editor, CCH Trademark Law Guide A soft drink bottler (Polar Corp.) that sold bottled water, soda, and other soft drinks under the brand POLAR was entitled to a preliminary injunction barring competitor PepsiCo from using a family of marks based on the phrase POLAR SHOCK in connection with a line of […]

Use of TV Show Title on Merchandise Could Confuse

Use of TV Show Title on Merchandise Could Confuse by Thomas Long, Legal Editor, CCH Trademark Law Guide The owner of a Michigan-based retail business specializing in products for home cooks sold under the registered mark “Bitchen Kitchen” was entitled to a preliminary injunction barring the Canada-based producers of a television show called “Bitchin’ Kitchen” […]

“Piece of the Action” Element Bars Preemption of Claim

by Janette Spencer-Davis, Legal Editor, CCH Copyright Law Reports A screenwriter’s state law breach of implied contract claim, alleging that a television producer and television network used his concept for a television series without compensating him, was not preempted by the Copyright Act, the U.S. Court of Appeals in San Francisco held. The understanding that […]

Youth Hockey League’s Exclusive Participation Rule Could Be Anticompetitive

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. A for-profit youth hockey program adequately alleged monopolization and attempted monopolization claims against a local district of USA Hockey, the national governing board for amateur hockey, the federal district court in Minneapolis has ruled. The complaining youth program challenged the local district’s […]