Legal Resources

Antitrust

What are the Requirements of an HSR Antitrust Filing for a Merger or Acquisition? Unpacking Antitrust: How Do I Estimate Damages for a B2B Antitrust Violation? Unpacking Antitrust: Help! My Company is a Defendant in an Antitrust Class Action Unpacking Antitrust: What Do Most-Favored-Nations Contract Clauses (MFNs) Have To Do with Antitrust? Unpacking Antitrust: Can My Business Opt Out of an Antitrust Purchaser Class Action? Unpacking Antitrust: When is a Monopsony, a Buyer’s Monopoly, an Antitrust Violation? Unpacking Antitrust: What Is a Joint Venture? Unpacking Antitrust: What Is a Negative Tying Agreement Under the Federal Antitrust Laws? Unpacking Antitrust: What Are Vertical Restraints? Antitrust Guidelines for Companies Using Blockchain Technology Antitrust Agency Publishes New HSR Notification Thresholds and Filing Fees For 2023 Antitrust Law Applied to Market Allocation Agreements The Colgate Doctrine and Resale-Price Maintenance Agreements: What is the Difference Under the Antitrust Laws? Antitrust and Bundled Discounts: How do I Apply the Discount-Attribution Test? What are the Statutory and Non-Statutory Labor Exemptions to Antitrust Liability? Is Exclusive Dealing Illegal Under the Antitrust Laws? What Are the Elements of a Per Se Illegal Tying Claim Under the Antitrust Laws? Are Resale-Price-Maintenance Agreements Legal Under the Antitrust Laws? What is a Monopolization Claim Under the Federal Antitrust Laws? What are the Requirements for Class Certification Under Federal Rule of Civil Procedure 23 Does the Group Boycott Violate the Antitrust Laws? Five Questions You Should Ask Antitrust Standards of Review: The Per Se, Rule of Reason, and Quick Look Tests The Elements of Antitrust Injury: A Two-Prong Test What are the Requirements to File a Concentration Under the European Merger Control Rules? Are Manufacturer-imposed price restrictions Illegal? US Supreme Court Holds Licensing Boards Not Completely Exempt from Antitrust Laws

Appellate Litigation

How to Appeal a Case to the United States Court of Appeals for the Eighth Circuit The Basics of California State Appellate Procedure How Do I Seek Judicial Review of a California Administrative Agency or State Licensing Board Decision? Calculating the Deadline for a Notice of Appeal in Federal Court What Arguments Can I Use to Challenge a Punitive Damages Award on Appeal? What Are the Requirements to Appeal an Interlocutory Summary Judgment Ruling in Federal Court? Should I File an Amicus Curiae Brief? What is the Standard of Review on Appeal? Potential Changes Coming to Requirements for Notices of Appeal in Federal Courts

Business Litigation

The Term “Market Definition” in Entertainment and Media Law Doesn’t Repeat Itself, But it May Rhyme Recommendations for Structuring Movie and Television Appearance Releases That Hold Up Over Time What are the Available Damages in a California Breach of Contract Case? Standard of Review for a Summary Judgment Motion in Federal Court First Sale Doctrine in Trademark and Copyright Law Affirmative Defenses to Trademark Infringement Claims Defenses to California and Federal Trade Secret Claims What are the Elements of Collateral Estoppel (Issue Preclusion)? What are the Elements of Res Judicata (Claim Preclusion)? ​How Does the Freedom of Information Act Work and What are its Limitations? ​How to Challenge or Quash a Third-Party Subpoena in California ​What are the Jurisdictional Requirements for the Class Action Fairness Act ​What are the Elements for a Defense to Patent Misuse? ​California Court Rejects Lawsuit Against Coinbase for Failure to Provide Bitcoin Gold After Bitcoin Hard Fork ​Requirements for Removing a Case From State Court to Federal Court A Trademark Infringement Plaintiff Need not Prove Willfullness to Obtain a Profit Remedy ​Requirements for a Preliminary Injunction in Federal Court ​Elements of a Business Defamation Claim ​What are the Elements of a Patent Infringement Claim? ​What are the Elements of a Copyright Infringement Claim? ​How Do California Courts Handle Force Majeure Clauses in Contracts? ​What Are The Standing Requirements For An Administrative Procedure Act Claim? ​Trade Secret Disclosure Statements Under California Law ​Do I Have a Lanham Act Claim Against My Competitor for False Advertising? ​US Supreme Court in China Agritech v. Resh Declines to Extend American Pipe Tolling Rule for Class Actions ​Defenses to a Section 17200 Unfair Competition Law Claim in California ​Trade Secrets are now Protected by Federal Law ​Anti-SLAPP Motions in California ​What are the Elements for a Tortious Interference Claim Under California Law? ​What are the Requirements for a Trademark Claim Under the Lanham Act? ​California Federal Jury Finds in Favor of Defendant Coca-Cola in Lanham Act False Advertising Case Brought by Pom Wonderful Is My Out-Of-State Noncompete Agreement Enforceable In California? ​Trade Secret Litigation In California ​US Supreme Court Issues Plaintiff-Friendly Pleading Decision in Johnson v. City of Shelby ​Restrictive Covenants, Non-Compete Agreements, and California Law

Constitutional Law

The First Amendment Speech Responsibilities of a Public University ​The State Action Doctrine for Federal Constitutional Claims ​First Amendment Constitutional Limitations on Government Restrictions of Commercial Speech ​Tribal Sovereign Immunity: A Defense Available to Individuals ​Differences Between Facial and As-Applied Challenges to the Constitutionality of a Statute ​Federal Constitutional Standing Requirements Under Article III ​When Does Federal Law Preempt State Law? ​How Can Businesses Use the Dormant Commerce Clause to Their Advantage?

Getting Started: Antitrust Resources for Start-Ups

Bona Law has developed a pre-packaged legal resource with the information startups need to know about antitrust particularly when they’re still small and growing. Why? Even a basic understanding of competition law can help in-house counsel and businesspeople spot potential opportunities in B2B negotiations and prevent harmful and very costly antitrust mistakes. Even the suspicion of an antitrust violation can break a company’s spirit and gut it financially, and any notion that the Department of Justice and civil plaintiffs give a “pass” to emerging companies is false. The smallest and the newest of companies can be on the hook for both criminal and civil competition problems.

But you can’t recognize an antitrust concern—or an antitrust opportunity—if you’re unfamiliar with basic antitrust concepts. Getting Started supplies startups with the language and know-how to spot and address antitrust issues that we see regularly with growing companies. We intend that these materials will function as a reliable alternative to piecemeal online searching or pay-walled antitrust advice.

Two editions of Getting Started are now available: Getting Started for Tech and Getting Started for Hiring & Compensation. They can be downloaded here.

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If I Were You: Bona Law's Antitrust Attorney Podcast

If I Were You is a Bona Law podcast that gives in-house lawyers the essential 5 bullet points they need to explain real-world antitrust and competition risks to their business teams. The podcast is a quick 10 minutes or less, easily digestible during a commute or errand, and we think it’s so understandable that it could be circulated directly to the business side if desired.

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