Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Adrian Fontecilla

Adrian Fontecilla

Associate

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Antitrust Agencies Propose Updates to IP Licensing Guidelines and Invite Comments

On August 12, 2016, the Federal Trade Commission and the Department of Justice proposed changes to the Antitrust Guidelines for the Licensing of Intellectual Property, also known as the IP Licensing Guidelines. Since they were first issued in 1995, the agencies, courts, and businesses have relied on these Guidelines when considering or reviewing licensing practices. Therefore, … Continue Reading

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the Fourth Circuit became the latest appellate court to issue such a ruling. The Court upheld a district court’s … Continue Reading

Market Definition Failure Dooms Golf Caddies’ Antitrust Class Action Against PGA Tour

An antitrust class action lawsuit brought by golf caddies against the Professional Golf Association will not be afforded a mulligan after a federal district court dismissed their complaint with prejudice. A putative class of similarly-situated golf caddies sued PGA Tour, Inc. over the “bibs” that caddies wear during Tour-sponsored golf tournaments. Plaintiffs alleged that, by … Continue Reading
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