Minding Your Business

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

Subscribe to all posts by Rucha Desai

Chambers and Partners Releases Pharmaceutical Advertising 2018 Guide

Chambers and Partners released its first ever Pharmaceutical Advertising 2018 guide, authored by Proskauer partners Lawrence Weinstein and Alexander Kaplan with assistance from several litigation associates. The guide provides a comprehensive look at the laws and regulations governing pharmaceutical advertising in various markets, and provides important developments in the most significant jurisdictions and legal commentary on … Continue Reading

The Eighth Circuit Reignites Claims of Continuing Conduct in Propane Tank Conspiracy

A split Eighth Circuit recently reversed a prior panel ruling and reignited antitrust claims against distributors of pre-filled propane tanks. The 5-4 majority cited the 1997 Supreme Court decision Klehr v. A.O. Smith Corp. to rule that for allegations of a price-fixing conspiracy under the Sherman Antitrust Act, each sale at an artificially inflated price … Continue Reading

Can Purchasing Efficiencies Save Mega-Mergers? The D.C. Circuit Says “No”

The D.C. Circuit recently blocked a proposed merger between two of the nation’s three largest health care insurers – Anthem and Cigna, raising doubts about the viability of the efficiencies defense in merger cases despite such a defense having been explicitly recognized in the 2010 FTC and DOJ Horizontal Merger Guidelines. Click here to read … Continue Reading
LexBlog