ALI-ABA Course of Study Product Distribution and Marketing June 22-24, 2011 Philadelphia, Pennsylvania
|
|
|
- Irma Warner
- 6 years ago
- Views:
Transcription
1 1023 ALI-ABA Course of Study Product Distribution and Marketing June 22-24, 2011 Philadelphia, Pennsylvania True Grit: Dealer Determination and Refusal to Deal By Richard J. Wegener Fredrikson & Byron, P.A. Minneapolis, Minnesota
2 1024 FREDRIKSON & BYRON, P.A. OVERVIEW I. THE ANTITRUST FRAME WORK...1 A. Individual [ Unilateral ] Refusal to Deal...1 B. Vertical Refusal to Deal Refusal in Order to Enforce Vertical Restraints Refusal by Monopolist Refusal By Copyright Holder Refusal By Patent Holder...7 C. Refusal Involving Third Party Participation Seller s Termination of Buyer Buyer s Termination of Seller Group Boycott (Manufacturer and a Group of Other Parties at the Same Level of Trade)...11 D. Vertical Integration...13 E. Federal and State Regulation of Refusals To Deal Federal Regulation State Regulation...14 II. CHANGING THE RULES: THE CONTRACTUAL FRAMEWORK...17 A. Distribution Contracts Are Not Presumed...17 B. The Importance of a Distribution Agreement...18 C. Specific Contractual Provisions Amendment Arbitration Assignability Best Efforts Clause Choice of Governing Law Duration, Sales Quota Exclusivity - Territorial and Product Fee-Shifting Forum Selection Integration Location Release Suggested Resale Price Termination For Any Cause Whatsoever Termination Notice Trademarks Waiver...29 III. WHY REFUSE TO DEAL? LET ME COUNT THE REASONS WHY...30 i
3 1025 TABLE OF AUTHORITIES FEDERAL CASES 324 Liquor Corp. v. Duffy, 479 U.S. 335 (1987)...17 A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (9th Cir. 2001)...6 Ace Beer Distributors, Inc. v. Kohn, Inc., 318 F.2d 283 (6th Cir.), cert. denied, 375 U.S. 922 (1963), reh g denied, 375 U.S. 982 (1964)...10 Alliance of Automobile Manufacturers v. Hull, 137 F. Supp. 2d 1165 (D. Ariz. 2001)...16 American Distributing Corp. v. ACS Communications, Inc., 990 F.2d 223 (5th Cir.), cert. denied, 114 S. Ct. 189 (1993)...11, 31 American Safety Equipment Corp. v. J.P. Maguire & Co., 391 F.2d 821 (2d Cir. 1968)...19 Amerisys, Inc. v. Panasonic Communications and Systems Co., 10 F.3d 806 (4th Cir. 1993)...25 Anti-Monopoly, Inc. v. Hasbro Inc., Trade Cas. (CCH) 71,095 (S.D.N.Y. 1995)...5 Ark Dental Supply Co. v. Cavitron Corp., 461 F.2d 1093 (3rd Cir. 1972)...2 Arnold Pontiac-GMC, Inc. v. Budd Baer, Inc., 826 F.2d 1335 (3rd Cir. 1987)...12 Aspen Skiing Co. v. Aspen Highlands Skiing Corp., 472 U.S. 585 (1985)...5 Auburn News Co. v. Providence Journal Co., 659 F.2d 273 (1st Cir. 1981)...14 Axis, S.p.A. v. Micafil, Inc., 870 F.2d 1105 (6th Cir. 1989)...8 Bailey s v. Windsor American, Inc., 948 F.2d 1018 (6th Cir. 1991)...11 Banek, Inc. v. Yogurt Ventures U.S.A., Inc., 64 BNA ATRR 753 (6th Cir. 1993)...23 Bassett v. National Collegiate Athletic Association, 528 F.3d 426 (6th Cir. 2008)...13 Baxter International, Inc. v. Abbott Laboratories, 315 F.3d 829 (7th Cir. 2003)...20 In re Beer Antitrust Litigation, Trade Cas. (CCH) 73,671 (N.D. Calif. 2002)...11 Bellmore v. Mobil Oil Corp., 783 F.2d 300 (2d Cir. 1986)...17 Bennett Enterprises, Inc. v. Domino s Pizza, Inc., 45 F.3d 493 (D.C. Cir. 1995)...32
4 1026 Berkey Photo, Inc. v. Eastman Kodak Co., 603 F.2d 263 (2d Cir. 1979)...4 Berliner Foods Corporation v. The Pillsbury Company, [ New Developments] Bus. Franchise Guide (CCH) 8566 (D. Md. 1986)...21 Big Apple BMW, Inc. v. BMW of North America, Inc., 974 F.2d 1358 (3d Cir. 1992)...12, 31 Blonder Tongue Labs. v. Univ. Illinois Found., 402 U.S. 313 (1971)...7 Bloor v. Falstaff Brewing Corporation, 601 F.2d 609 (2d Cir. 1979)...22 Borschow Hospital & Medical Supplies, Inc. v. Cesar Castillo, Inc., 882 F. Supp. 236 (D.P.R. 1995)...19 Burdett Sound, Inc. v. Altec Corp., 515 F.2d 1245 (5th Cir. 1975)...2, 10 Business Electronics Corporation v. Sharp Electronics Corporation, 485 U.S. 717 (1988)...10 Byars v. Bluff City News Co., 609 F.2d 843 (6th Cir. 1980)...3, 14 C. Pappas Co., Inc. v. E. & JU. Gallo Winery, 610 F. Supp C.P. Bourg, Inc. v. Wittco Systems, Inc., Bus. Fran. Guide (CCH) 9685 (D. Mass. 1990)...22 C.R. Bard, Inc. v. M3 Systems, Inc., 157 F.3d 1340 (Fed. Cir. 1998)...9 C.R. Bard, Inc. v. Medical Electronics Corp., 529 F. Supp (D. Mass. 1982)...14 California Computer Products Inc. v. International Business Machines Corp., 613 F.2d 727 (9th Cir. 1979)...4 Carlock v. The Pillsbury Company, 719 F. Supp. 791 (D. Minn. 1989), superseded on other grounds by statute, Minn. Stat. 80C.21, as noted in Twin Cities Galleries, LLC v. Media Arts Group, Inc., 415 F.Supp.2d 967 (2006), rev d 476 F.3d 598 (2007)...26 Cavalier Telephone, LLC v. Verizon Virginia, Inc., 330 F.3d 176 (4th Cir. 2003)...3 C.K. Smith & Co., Inc. v. Motiva Enterprises LLC, 81 BNA ATRR 401 (1st Cir. 2001)...32 Chroma Lighting v. GTE Products Corp., 11 F.3d 653 (1997)...4 Clorox Co. v. Sterling Winthrop, Inc., 117 F.3d 50 (2d Cir. 1997)...30
5 1027 Cohen v. Stratis Business Centers, Inc., 2005 WL (D.N.J. 2005)...27 Conner v. Hardee s Food Systems, Inc., 2003 WL (6th Cir. 2003)...27 Consumers Petroleum Co. v. Texaco Inc., 804 F.2d 907 (6th Cir. 1986)...17 Continental Enters. Inc. v. AmOil Co., 808 F.2d 24 (8th Cir. 1986)...17 Cosmetic Gallery, Inc. v. Schoeneman Corp., 495 F.3d 46 (3d Cir. 2007)...13 Costco Wholesale Corp. v. Hoen, 407 F. Supp. 2d 1234 (W.D. Wash. 2005)...17 Costco Wholesale Corp. v. Hoen, No. C04-360P, 2006 WL (W.D. Wash. Apr. 21, 2006)...17 Cousins Subs Systems, Inc. v. McKinney, 59 F. Supp. 2d 816 (E.D. Wis. 1999)...27 Data General Corp. v. Grumman Systems Support, 36 F.3d 1147 (1st Cir. 1994)...6 Dawson Chem. Co. v. Rohn & Haas Co., 448 U.S. 176 (1980)...8 In re E.I. dupont de Nemours & Co., 96 F.T.C. 653 (1980)...8 ES Development, Inc. v. RWM Enterprises, Inc., 939 F.2d 547 (8th Cir. 1991)...12 Eden Electrical, Ltd. v. Amana Company, L.P., 258 F. Supp. 2d 958 (N.D. Iowa 2003), aff d 370 F.3d 824 (8th Cir. 2004)...27 Esso Standard Oil Co. v. Dep t of Consumer Affairs, 793 F.2d 431 (1st Cir. 1986)...17 Ethyl Gasoline Corp. v. United States, 309 U.S. 436 (1940)...7 Exxon Corp. v. Governor of Maryland, 437 U.S. 117 reh g denied, 439 U.S. 884 (1978)...17 FCC Computer Centers of Illinois v. Entre Computer Centers, Inc., 597 F. Supp (N.D. Ill. 1984)...23 FTC v. Superior Court Trial Lawyers Ass n., 493 U.S. 411 (1990)...2 In re Fair Allocation System, 126 F.T.C. 626 (Oct. 22, 1998)...12 Faulkner s Auto Body Center, Inc. v. Covington Pike Toyota, Inc., Trade Cas. 73,771 (6th Cir. 2002)...13 Ford Motor Co. v. Texas Dep t of Transportation, 106 F. Supp. 2d 905 (W.D. Tex. 2000)...16
Healthcare Antitrust Bootcamp Webinar Series, Part II: Mergers, Affiliations, and Acquisitions
Healthcare Antitrust Bootcamp Webinar Series, Part II: Mergers, Affiliations, and Acquisitions This webinar series is brought to you by the Antitrust Practice Group and is co-sponsored by the Physician
Merger Remedies: Lessons from the Evanston Northwestern Healthcare Decision
MAY 2008, RELEASE TWO Merger Remedies: Lessons from the Evanston Northwestern Healthcare Decision Toby G. Singer Jones Day Merger Remedies: Lessons from the Evanston Northwestern Healthcare Decision Toby
Attorneys at Law Skokie Boulevard Suite 600 Northbrook, Illinois FAX:
Attorneys at Law www.sweetnamllc.com 707 Skokie Boulevard Suite 600 Northbrook, Illinois 60062 847-498-7500 FAX: 847-919-4399 info@sweetnamllc.com FIRM RESUME Sweetnam LLC is a civil litigation boutique
Reshoring: A Manufacturing Strategic Perspective. Presented by Jay C. Moon CEcD, FM Mississippi Manufacturers Association
Reshoring: A Manufacturing Strategic Perspective Presented by Jay C. Moon CEcD, FM Mississippi Manufacturers Association 4 1979 Fortune 500: Top 25 1. General Motors 2. Exxon 3. Ford 4. Mobil 5. Texaco
FOUNDERS AGREEMENTS: Best Practices for Building a Solid Foundation for your Business. Discussion Topics. The Basics of a Founders Agreement
1 FOUNDERS AGREEMENTS: Best Practices for Building a Solid Foundation for your Business Attorney Advertising Prior results do not guarantee a similar outcome P.O. Box 2783, Orland Park, IL 60462 855-KASPAR-1
American College of Radiology State-by-State Comparison of Physician Self-Referral Laws. See Overviews and Appendices for More Detailed Information.
American College of Radiology -by- Comparison of Laws Related s Alabama N/A N/A N/A N/A N/A N/A N/A N/A Alaska N/A N/A N/A N/A N/A N/A N/A N/A Ariz. Rev. Stat. Doctors and surgeons. 1998 Makes it unprofessional
Cases EUROPEAN COURT OF JUSTICE COURT OF FIRST INSTANCE
EUROPEAN COURT OF JUSTICE 56/65 Société Technique Minière [1966] ECR 337 273 6 and 7-73, Commercial Solvents and Others v. Commission, ECR 223 (1974) 177 27/76, United Brands Company v. Commission, ECR
TABLE OF AUTHORITIES * CASES. AT&T v. Iowa Utils. Bd., 525 U.S. 366 (1999) AT&T v. FCC, 487 F.2d 865 (2d Cir. 1973)...31
TABLE OF AUTHORITIES * CASES Page AT&T v. Iowa Utils. Bd., 525 U.S. 366 (1999)...31 AT&T v. FCC, 487 F.2d 865 (2d Cir. 1973)...31 *Accuracy in Media, Inc. v. FCC, 521 F.2d 288 (D.C. Cir. 1975)...24, 25,
Article 93a Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust
Article 93a Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust 10 U.S.C. 893a 1. Summary of Proposal This proposal would add a new provision, Article 93a, to
HUD HOUSING PROGRAMS: TENANTS RIGHTS (3d Ed. 2004) ERRATA SHEET
Footnote Number(s) Chapter 1 ERRATA SHEET 114 Mary A. v. Pierce, No. 85-5517 (S.D. Ill. filed Sept. 17, 1985), 19 CLEARINGHOUSE REV. 891 and 1448 (No. 39,923, Dec. 1985, Apr. 1986) 114 Velez v. Kemp, No.
Robert L. Charles, Esq.
CRADA Workshop Robert L. Charles, J.D., LL.M., M.P.H. Army Medical Research and Materiel Command Fort Detrick, Maryland (301) 619-7663 robert.charles@us.army.mil Robert L. Charles, Esq. Chief, Medical
Case 1:13-cv BJR Document 83-1 Filed 09/20/13 Page 1 of 53 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:13-cv-01021-BJR Document 83-1 Filed 09/20/13 Page 1 of 53 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FEDERAL TRADE COMMISSION, Plaintiff, ARDAGH GROUP, S.A., COMPAGNIE DE SAINT-GOBAIN,
District of Columbia By Steve E. Leder
District of Columbia By Steve E. Leder Causes of Action Is there a statutory basis for an insured to bring a bad faith claim? There is no statutory basis for a bad faith claim under District of Columbia
Understanding & Challenging Location Tracking
Understanding & Challenging Location Tracking Hanni M. Fakhoury EFF Senior Staff Attorney http://www.usatoday.com/story/news/nation/2013/12/08/cellphone-data-spying-nsa-police/3902809/ https://www.aclu.org/maps/stingray-tracking-devices-whos-got-them
Case 1:15-cv CKK Document 21 Filed 06/11/15 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) )
Case 1:15-cv-00105-CKK Document 21 Filed 06/11/15 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Forest County Potawatomi Community, v. Plaintiff, The United States of America,
Judicial Review of Agency Guidance. Kirsten L. Nathanson Crowell & Moring LLP November 9, 2011
Judicial Review of Agency Guidance Documents Kirsten L. Nathanson Crowell & Moring LLP November 9, 2011 Overview» Setting the Stage» Jurisdictional Hurdles» Is It A Rule?» Obtaining A Ruling on Substance
Minnesota Multistate Contracting Alliance for Pharmacy
Minnesota Multistate Contracting Alliance for Pharmacy 651.201.2420 www.mmcap.org Membership Application and Membership Agreement Instructions for Completion Thank you for your interest in membership with
Case 8:05-cr CJC Document Filed 06/05/2008 Page 1 of 51
Case 8:05-cr-00293-CJC Document 716-2 Filed 06/05/2008 Page 1 of 51 Siobhan A. Cullen (Bar No. 179838) DRINKER BIDDLE & REATH LLP 333 South Grand Avenue, Suite 1700 Los Angeles. CA 90071-1504 Telephone:
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Introduction
Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Introduction Federal law requires state Medicaid programs to offer Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) to all Medicaid-eligible
Case 1:10-cv ESH -HHK Document 14 Filed 07/15/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
Case 1:10-cv-01062-ESH -HHK Document 14 Filed 07/15/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF GEORGIA, v. Plaintiff, ERIC H. HOLDER, JR., in his official
James B. Slaughter. Principal 1350 I Street, N.W. Suite 700 Washington, DC (T) (202)
James B. Slaughter Principal 1350 I Street, N.W. Suite 700 Washington, DC 20005-3311 (T) (202) 789-6040 jslaughter@bdlaw.com EDUCATION Yale University (B.A., 1982) Columbia University (J.D., 1987; Columbia
Best Practices in IP Licensing: Developing, Negotiating & Executing Transactions
Best Practices in IP Licensing: Developing, Negotiating & Executing Transactions May 2-3, 2018 Manchester Grand Hyatt San Diego, CA Join LES as nationally recognized top legal and corporate experts share
Religious Restrictions Disproportionately Affect Women, Impeding Their Access to Needed Health Care Services
September 10, 2008 Religious Restrictions Disproportionately Affect Women, Impeding Their Access to Needed Health Care Services More and more, religious restrictions are limiting patient access to critical,
Law The Law of Hazardous Waste: CERCLA, RCRA, & Common Law Claims (Fall 2008) Syllabus
Law 273.4 The Law of Hazardous Waste: CERCLA, RCRA, & Common Law Claims (Fall 2008) Units: 3 CCN (2Ls/3Ls): 49694 Instructor: Robert D. Infelise Email: rinfelise@law.berkeley.edu Location: 115 Boalt Time:
Tax Year 2017 CCH e-file QuickLook
Federal 1040, 1040NR 1065, 1065-B 1120 (1), 1120-F 1120S 1041 Federal Amended Federal Consolidated 990, 990-EZ, 990-PF, 990-N Federal Estimated Taxes 990-PF Federal Extension 990, 990-EZ, 990-PF (2), 990-T
2. Cases and materials cited below. 3. Newly decided cases and other materials may be handed out during the semester.
THE GEORGE MASON UNIVERSITY SCHOOL OF LAW PROFESSOR: Michael V. O Shaughnessy SYLLABUS FOR PATENT & KNOW-HOW LICENSING (LAW 286-001) 2 CREDIT HOURS HAZEL HALL ROOM 222 FALL 2017 CONTACT INFORMATION: Michael
Telehealth and Nutrition Law and Regulations Holistic Nutrition Coalition
1 Telehealth and Law and Regulations Holistic Coalition Telehealth There are different definitions of telemedicine or telehealth depending on state law. Generally, telehealth or telemedicine is defined
Child Find : The Lore v. The Law
Child Find : The Lore v. The Law Perry A. Zirkel 2014 Alabama MEGA Conference April 2014 GENERAL 1. The IDEA specifically spells out the modern meaning of child find (i.e., after the original requirement
Recent Developments and Ethical Issues in Attorney-Client Privilege and Work Product
www.bruneandrichard.com Recent Developments and Ethical Issues in Attorney-Client Privilege and Work Product Hillary Richard PLI February 18, 2015 Attorney-Client Privilege A communication Made between
Larry DeBoer Purdue University September Real GDP Growth. Real Consumption Spending Growth
Larry DeBoer Purdue University September 2011 Real GDP Growth Real Consumption Spending Growth 1 Index of Consumer Sentiment 57.8 Sept 11 Savings Rate (percent of disposable income) Real Investment Spending
Attorney-Client Privilege and Work-Product Issues for In-House Counsel. August 5, Presented by: Kevin P. Allen
Attorney-Client Privilege and Work-Product Issues for In-House Counsel August 5, 2016 Presented by: Kevin P. Allen LEGAL PRIMER: 2016 UPDATE AUGUST 5, 2016 What s the purpose? Why do we have an attorney-client
1. Attempts to deregulate professions
This update features case law, legislation, and other disciplinary or federal-level actions regarding professional licensing from the past year. Content is divided by topic, including both trends in regulation
Minnesota Multistate Contracting Alliance for Pharmacy. Facility Membership Application
Minnesota Multistate Contracting Alliance for Pharmacy Facility Membership Application Forward the completed application and executed Member Facility Agreement to your FL DMS State Contact, Frank Miller,
FOR COMPETITIVE HEALTH CARE: A Review of Recent Antitrust Developments
FOR COMPETITIVE HEALTH CARE: A Review of Recent Antitrust Developments September 29, 2014 MODERATOR: Mark Jacobson, Partner, Lindquist & Vennum LLP PANELISTS: Richard Duncan, Partner, Faegre Baker Daniels
Electronic Discovery and Digital Evidence: Cases and Materials. Anticipated Publication: December 2008 ISBN
Electronic Discovery and Digital Evidence: Cases and Materials Anticipated Publication: December 2008 ISBN 978-0-31419-131-1 Hon. Shira A. Scheindlin, United States District Judge, Southern District of
Protecting the Rights of Low-Income Older Adults. Preventing Discrimination against Medicaid-Eligible Residents
Protecting the Rights of Low-Income Older Adults White Paper Medicaid Payment for Assisted Living Preventing Discrimination against Medicaid-Eligible Residents NOVEMBER 2010 Introduction Medicaid has been
BRAND REPORT FOR THE 6 MONTH PERIOD ENDED JUNE 2017
Hanley Wood Media, Inc. One Thomas Circle NW Suite 600 Washington, DC 20005 Tel.: (202) 452-0800 Fax: (202) 785-1974 www.builderonline.com BRAND REPORT FOR THE 6 MONTH PERIOD ENDED JUNE 2017 No attempt
CCS Market Inquiry on Car Parts in Singapore
CCS Market Inquiry on Car Parts in Singapore Introduction On 11 December 2017, the Competition Commission of Singapore ( CCS ) published its findings from its market inquiry into the supply of car parts
WESTINGHOUSE INNOVATION ACCELERATOR WeLink SPRINT REGULATION
WESTINGHOUSE INNOVATION ACCELERATOR WeLink SPRINT REGULATION On October 27, 2016, Westinghouse Electric Belgium SA (the "Company"), launched the WeLink Innovation Accelerator (the "Project"), in order
NURSING HOME STATISTICAL YEARBOOK, 2015
NURSING HOME STATISTICAL YEARBOOK, 2015 C. MCKEEN COWLES COWLES RESEARCH GROUP Acknowledgments We extend our appreciation to Craig Dickstein of Tamarack Professional Services, LLC for optimizing the SAS
SYLLABUS. HEALTH CARE FRAUD AND ABUSE LAW H 582 (3 Credits) Winter, 2018 Mondays, Wednesdays 10:30-12:00
SYLLABUS HEALTH CARE FRAUD AND ABUSE LAW H 582 (3 Credits) Winter, 2018 Mondays, Wednesdays 10:30-12:00 R. TIMOTHY CRANDELL (253) 226-5813 RTCrandell@comcast.net Office Hours by Appointment Course Description:
Location Factors in the Food Processing Industry
Location Factors in the Food Processing Industry 2011 Meet the Consultants Forum- Atlanta May 12-13 Robert Pittman, Co Founder & Principal Janus Economics, LLC Atlanta, Georgia 404 431 1255 rpittman@januseconomics.com
Office of the Sheriff County of Oakland, State of Michigan. Michael J. Bouchard, Sheriff
Office of the Sheriff County of Oakland, State of Michigan Michael J. Bouchard, Sheriff Sheriff Michael J. Bouchard I do solemnly swear that I will support the Constitution of the United States and the
Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers
Public Land and Resources Law Review Volume 0 Case Summaries 2017-2018 Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers Oliver Wood Alexander Blewett III School of Law at the University of Montana,
US News and World Report Rankings Graduate Economics Programs Ranked in 2001
The following list reports the rankings done in 1995 by William H. Kaempfer and Chao Jing of the University of Colorado at Boulder. Their list compiles six earlier studies into an aggregate ranking. Rankings
June 12, Hart Senate Office Building 448 Russell House Office Building Washington, D.C Washington, D.C
June 12, 2018 The Honorable Mark Warner (VA) The Honorable Rob Portman (OH) U.S. Senate U.S. Senate 703 Hart Senate Office Building 448 Russell House Office Building Washington, D.C. 20510 Washington,
50 STATE COMPARISONS
50 STATE COMPARISONS 2014 Edition DEMOGRAPHICS TAXES & REVENUES GAMING ECONOMIC DATA BUSINESS HOUSING HEALTH & WELFARE EDUCATION NATURAL RESOURCES TRANSPORTATION STATE ELECTION DATA Published by: The Taxpayers
PROSECUTING AND DEFENDING FEDERAL DRUG OFFENSES. JOSE ANGEL MORENO Assistant United States Attorney 1100 Matamoros, Suite 200 Laredo, Texas 78040
PROSECUTING AND DEFENDING FEDERAL DRUG OFFENSES JOSE ANGEL MORENO Assistant United States Attorney 1100 Matamoros, Suite 200 Laredo, Texas 78040 SELENA N. SOLIS 1 Assistant Federal Public Defender 700
Case 3:16-cv M Document 152 Filed 03/17/17 Page 1 of 17 PageID IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
Case 3:16-cv-01476-M Document 152 Filed 03/17/17 Page 1 of 17 PageID 10273 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, et
Case 1:15-cv NMG Document 21 Filed 05/15/15 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
Case 1:15-cv-11583-NMG Document 21 Filed 05/15/15 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS NATIONAL IMMIGRATION PROJECT OF THE NATIONAL LAWYERS GUILD and AMERICAN CIVIL LIBERTIES
THE GEOGRAPHY OF TRADING ECOSYSTEM SERVICES: A CASE STUDY OF WETLAND AND STREAM COMPENSATORY MITIGATION MARKETS. Philip Womble & Martin Doyle
THE GEOGRAPHY OF TRADING ECOSYSTEM SERVICES: A CASE STUDY OF WETLAND AND STREAM COMPENSATORY MITIGATION MARKETS Philip Womble & Martin Doyle Appendix II: s for Telephone and E-mail Interviews with U.S.
RULES ON MILITARY LEAVE UNDER USERRA AND FMLA: THE STORY OF SAMMY SOLDIER AND HIS WIFE, WANDA
RULES ON MILITARY LEAVE UNDER USERRA AND FMLA: THE STORY OF SAMMY SOLDIER AND HIS WIFE, WANDA Emily Frost McGinnis, Lochridge & Kilgore, LLP 600 Congress Avenue, Suite 2100 Austin, Texas 78701 (512) 495-6059
Federal Deposit Insurance Corporation legal Division Closing Manual
Description of document: Appeal date: Released date: Posted date: Title of document Source of document: Federal Deposit Insurance Corporation (FDIC) Legal Division [Case] Closing Manual - Table of Contents
3+ 3+ N = 155, 442 3+ R 2 =.32 < < < 3+ N = 149, 685 3+ R 2 =.27 < < < 3+ N = 99, 752 3+ R 2 =.4 < < < 3+ N = 98, 887 3+ R 2 =.6 < < < 3+ N = 52, 624 3+ R 2 =.28 < < < 3+ N = 36, 281 3+ R 2 =.5 < < < 7+
Spoliation Sanctions by Circuit
Spoliation Sanctions by Circuit Circuit Case law Scope of Duty to Preserve Can conduct be culpable per se without consideration of reasonableness? For sanctions in general Culpability and prejudice requirements
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No (DSD/LIB)
Comfort Attiogbe-Tay, UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Civil No. 12-1109(DSD/LIB) Plaintiff, v. ORDER SE Rolling Hills LLC, a foreign corporation doing business as The Colony at Eden
Recent Developments in the Litigation of Nursing Wages Antitrust Class Action Claims
Recent Developments in the Litigation of Nursing Wages Antitrust Class Action Claims Presentation to the AHLA Antitrust and Hospitals & Health Systems Practice Groups Mid-Year Meeting February 6, 2007
AHLA. A. All Together Now: Minimizing Antitrust Risk when Creating and Operating ACOs, PHOs, and Other Clinically Integrated Entities
AHLA A. All Together Now: Minimizing Antitrust Risk when Creating and Operating ACOs, PHOs, and Other Clinically Integrated Entities Alpa G. Davis Attorney Federal Trade Commission Washington, DC Ashley
Continuing Medical Education Board-by-Board Overview
Continuing Medical Education Board-by-Board Overview CME Required Number of Hours and Category/Content Requirement AL YES* 25 hours per year; all must be AMA PRA Category 1. Effective January 1, 2018,
Estimated Economic Impacts of the Small Business Jobs and Tax Relief Act National Report
Regional Economic Models, Inc. Estimated Economic Impacts of the Small Business Jobs and Tax Relief Act National Report Prepared by Frederick Treyz, CEO June 2012 The following is a summary of the Estimated
NIKE DESIGN WITH GRIND CHALLENGE OFFICIAL RULES
NIKE DESIGN WITH GRIND CHALLENGE OFFICIAL RULES The following terms and conditions (the Official Rules ) govern the submission of a proposal ( Entry ) to the Nike Design with Grind Challenge (the Challenge
RECENT COURT DECISIONS INVOLVING FQHC PAYMENTS AND METHODOLOGY
ISSUE BRIEF Medicare/Medicaid Technical Assistance #92: RECENT COURT DECISIONS INVOLVING FQHC PAYMENTS AND METHODOLOGY January 2008 Prepared by: Benjamin Cohen, Esq. National Association of Community Health
Single Family Loan Sale ( SFLS )
Single Family Loan Sale 2015-1 ( SFLS 2015-1) U.S. Department of Housing and Urban Development Sales Results Summary Bid Date: July 16, 2015 Seller: U.S. Department of Housing and Urban Development Transaction
Alleging an Anticompetitive Impact on a Discernible Market: Changing the Antitrust Landscape for Collegiate Athletics
Volume 21 Issue 1 Article 2 4-1-2014 Alleging an Anticompetitive Impact on a Discernible Market: Changing the Antitrust Landscape for Collegiate Athletics Randy Haight Follow this and additional works
States Regulating Date Labeling
s Regulating Date Labeling Perishable Foods Potentially Hazardous Foods Milk/Dairy Meat/ Poultry Shellfish Eggs Other Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia
Freedom of Association: ILO principles and standards
Freedom of Association: ILO principles and standards Maura Miraglio www.itcilo.org International Training Centre of the ILO 1 General questions 1. Why FOA is so important in the world of work? 2. Why FOA
Part II Regulations under the Regulations Act
Part II Regulations under the Regulations Act Printed by the Queen s Printer Halifax, Nova Scotia Vol. 40, No. 21 October 14, 2016 Contents Act Reg. No. Page Apprenticeship and Trades Qualification Act
IN THE COURT OF APPEALS OF INDIANA
FOR PUBLICATION ATTORNEYS FOR APPELLANT: HAMISH S. COHEN KYLE W. LeCLERE Barnes & Thornburg LLP Indianapolis, Indiana ATTORNEY FOR APPELLEES: ELIZABETH ZINK-PEARSON Pearson & Bernard PSC Edgewood, Kentucky
Kentucky New Energy Ventures. Scope & Goals. 1. Grow alternative fuel and renewable energy companies in Kentucky to drive statewide economic growth;
Kentucky New Energy Ventures Scope & Goals 1. Grow alternative fuel and renewable energy companies in Kentucky to drive statewide economic growth; 2. Stimulate private investment in Kentucky-based alternative
australian nursing federation
australian nursing federation Inquiry into the Fair Work Bill 2008 January 2009 Level 1, 365 Queen Street Melbourne Victoria 3000 T: 03 9602 8500 T: 03 9602 8567 E: industrial@anf.org.au http://www.anf.org.au
DATABASE AUDIT AS OF FEBRUARY 2018
DATABASE AUDIT AS OF FEBRUARY 2018 No attempt has been made to rank the information contained in this report in order of importance, since BPA Worldwide believes this is a judgment which must be made by
State by State Analysis of Corporate Practice of Medicine and Physician Employment Addendum C
Addendum C State Brief Statement of Law Summary of Legal Guidance Alabama The state does not prohibit a physician from working for a corporation as long as the corporation does not exercise control over
TELEMEDICINE LAWS AND RECENT LEGISLATION IN NEARBY STATES
kslegres@klrd.ks.gov 68-West Statehouse, 300 SW 10th Ave. Topeka, Kansas 66612-1504 (785) 296-3181 FAX (785) 296-3824 http://www.kslegislature.org/klrd October 18, 2017 TELEMEDICINE LAWS AND RECENT LEGISLATION
806 ADVERSE EMPLOYMENT ACTIONS AND OFF-DUTY CONDUCT
806 ADVERSE EMPLOYMENT ACTIONS AND OFF-DUTY CONDUCT Jessica A. Foster The Mentor Network Jeffrey A. Dretler Fisher & Phillips LLP Julia Coyne Nike, Inc. Richard A. Millisor Fisher & Phillips LLP Overview
Compliance Is Not a Policy Manual, It's a Process
Compliance Is Not a Policy Manual, It's a Process Michelle Ann Richards BSHA, CPC, CPCO, CPMA, CPPM, SHRM-SCP Owner, Coding & Compliance Experts www.coding-compliance-experts.com Objectives Learn the history
ARMED SERVICES BOARD OF CONTRACT APPEALS
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of -- Alenia North America, Inc. Under Contract No. FA8504-08-C-0007 APPEARANCE FOR THE APPELLANT: ASBCA No. 57935 Louis D. Victorino, Esq. Sheppard Mullin
The Only Government-wide Forum for Technology Transfer
Trademarks and Technology Licensing What You Need to Know The Only Government-wide Forum for Technology Transfer William S. Gardiner Office of the Assistant Secretary of Defense (PA) (703) 738-2518 gardinerb@stripes.osd.mil
Residents Have a Right to Return After Hospitalization
Protecting the Rights of Low-Income Older Adults White Paper Medicaid Payment for Assisted Living Residents Have a Right to Return After Hospitalization J a n u a r y 2011 National Senior Citizens Law
Selection & Retention Of State Judges. Methods from Across the Country
Selection & Retention Of State Judges Methods from Across the Country Formal Methods of Selecting State Judges COURTS OF LAST RESORT............................. 3 INTERMEDIATE APPELLATE COURTS....................
Tax Issues in Joint Ventures and Acquisition for Hospitals and Academic Medical Centers
Tax Issues in Joint Ventures and Acquisition for Hospitals and Academic Medical Centers 2013 Southeast Healthcare Provider Conference September 24, 2013 Grant Thornton, LLP Frank D. Giardini, Tax Principal,
Our Terms of Use and other areas of our Sites provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with OUEBB.
OUE Beauty Bar - Terms of Use These are the terms of use ("Terms of Use") governing the purchase of products in the vending machine(s) installed by Alkas Realty Pte Ltd at OUE Downtown Gallery, known as
Pennsylvania Competitiveness: Creating a State Economic Strategy
Pennsylvania Competitiveness: Creating a State Economic Strategy Professor Michael E. Porter Harvard Business School March 28, 2012 For further material on regional competitiveness and clusters: www.isc.hbs.edu/econ-clusters.htm
In the Supreme Court of the United States
NO. 11-746 In the Supreme Court of the United States CITY OF ARLINGTON, TEXAS, Petitioner, v. RICHARD FRAME, ET AL., Respondents. On Petition for a Writ of Certiorari to the United States Court of Appeals
REGISTRATION FORM Group Package
Date REGISTRATION FORM Group Package Venue : Hall 5FG, Hong Kong Convention & Exhibition Centre, Wan Chai, Hong Kong HKD900/USD115 (inclusive of a networking lunch on 6 Dec) Discounted Please return Fee*
THE LILLY LEDBETTER FAIR PAY ACT OF 2009: EMERGING ISSUES
THE LILLY LEDBETTER FAIR PAY ACT OF 2009: EMERGING ISSUES On January 20, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act of 2009. 1 The Act overturned the disastrous Supreme Court decision
IDEAS FOR THE WORLD FROM A WORLD OF IDEAS
IDEAS FOR THE WORLD FROM A WORLD OF IDEAS IDEAS FOR THE WORLD FROM A WORLD OF IDEAS Since 1980, COSMOS has produced ideas to help our clients governments, foundations, and businesses confront American
CHAPTER 111. (Senate Bill 103) Maryland Clean Cars Act of 2007
MARTIN O MALLEY, Governor Ch. 111 CHAPTER 111 (Senate Bill 103) AN ACT concerning Maryland Clean Cars Act of 2007 FOR the purpose of requiring the Department of the Environment and, in consultation with
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS JAMES C. DUFF Director WASHINGTON, D.C. 20544 July 2,2009 Honorable Joseph R. Biden, Jr. President United States Senate Washington, DC 20510 Dear Mr. President:
ANIMAL LAW SEMINAR Law 637 Fall 2012
ANIMAL LAW SEMINAR Law 637 Fall 2012 George Mason University Law School Professors Ralph Henry and Aaron Green Hazel Hall 432C Monday 8:00-9:50 p.m. Contact Information: Ralph Henry: Aaron Green: Telephone:
College Profiles - Navy/Marine ROTC
Page 1 of 6 The U.S. Navy and Marine Corps are a team that provides for our national defense. The men and women who serve are called on to provide support at sea, in the air and on land. The Navy-Marine
FIELD BY FIELD INSTRUCTIONS
TRANSPORTATION EMEDNY 000201 CLAIM FORM INSTRUCTIONS The following guide gives instructions for proper claim form completion when submitting claims for Transportation Services using the emedny 000201 claim
LEXSTAT 10 USC 2733 *** CURRENT THROUGH P.L , APPROVED 6/15/2007 *** *** WITH A GAP OF ***
Page 1 LEXSTAT 10 USC 2733 UNITED STATES CODE SERVICE Copyright 2007 Matthew Bender & Company, Inc., one of the LEXIS Publishing (TM) companies All rights reserved *** CURRENT THROUGH P.L. 110-36, APPROVED
Alaska (AK) Arizona (AZ) Arkansas (AR) California-RN (CA-RN) Colorado (CO)
Beth Radtke 49 Included in the report: 7/22/2015 11:17:54 AM Alaska (AK) Arizona (AZ) Arkansas (AR) California-RN (CA-RN) Colorado (CO) Connecticut (CT) Delaware (DE) District Columbia (DC) Florida (FL)
Case 3:10-cv N Document 19 Filed 10/07/11 Page 1 of 16 PageID 385 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
Case 3:10-cv-01900-N Document 19 Filed 10/07/11 Page 1 of 16 PageID 385 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS MICK HAIG PRODUCTIONS, E.K., ) ) Plaintiff ) ) v. ) Case No. 3:10-cv-01900-N
Schaghticoke Tribal Nation v. Kent School Corporation Inc.
Public Land and Resources Law Review Volume 0 Case Summaries 2014-2015 Schaghticoke Tribal Nation v. Kent School Corporation Inc. Lindsey M. West University of Montana School of Law, mslindseywest@gmail.com
DIGITAL CIGARETTE STAMPING
DIGITAL CIGARETTE STAMPING Michigan s Senate Bill 930 / Michigan Senate Bill 930 Senate Bill 930 was introduced by Senator Kahn, Pappageorge, Proos And Jones. The Bill was then Signed into law by Governor
DISTINCTIONS Martindale-Hubbell AV -Preeminent Peer Review Rated, Best Lawyers in America Litigation - Construction, Super Lawyers
MICHAEL I. LESS Memphis Office (901) 680-7383 michael.less@butlersnow.com Mr. Less is the Chair of the Butler Snow Task Force for the Construction Industry and concentrates his practice in all aspects
Food Stamp Program State Options Report
United States Department of Agriculture Food and Nutrition Service Fourth Edition Food Stamp Program State s Report September 2004 vember 2002 Program Development Division Program Design Branch Food Stamp
Education Activities by the. Institute. GC3 Education Panel Discussion May 4, 2011 Cupertino, CA
Education Activities by the ACS Green Chemistry Institute GC3 Education Panel Discussion May 4, 2011 Cupertino, CA ACS Green Chemistry Institute Mission: to enable and catalyze the implementation of green
Case 1:15-cv CRC Document 28 Filed 08/21/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OPINION AND ORDER
Case 1:15-cv-02088-CRC Document 28 Filed 08/21/17 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JUDICIAL WATCH, INC., Plaintiff, v. Case No. 15-cv-2088 (CRC) U.S. DEPARTMENT OF