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Ask the Court If You Want Confidentiality

Abraham Lincoln’s wisdom revealed itself in a variety of spheres, ranging from the adversities associated with frontier life to challenges […]

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The Exchange of Information: Per Se or Rule of Reason?

Recently, I attended the ABA Antitrust Section’s Spring Meeting in Washington. One of the hot topics of discussion was the […]

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Supreme Court Dismisses Privilege Case: What Now for In-House Lawyers?

There have been several horrifically bad predictions throughout time.  In 1903, a bank president predicted to a Ford Motor Company […]

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The FTC Rule Banning Noncompete Agreements

A hot topic in antitrust today is the FTC’s proposed rule banning noncompete agreements as an unfair method of competition […]

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Once In a Blue Moon Privilege Ruling

The idiom “once in a blue moon” refers to something that happens rarely, of course, and derives from the real-life […]

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No-Poach Agreements and Antitrust

No-poach agreements are very much in the antitrust news recently. The Department of Justice and the Federal Trade Commission have […]

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A Whisper Doesn’t Cut It

“Speech is a very important aspect of being human. A whisper doesn’t cut it.” Many attribute this quote to James […]

Amending the Antitrust Laws to Address Big Tech

Amending the Antitrust Laws to Address Big Tech

In April, I participated in a debate at the Dole Institute of Politics at the University of Kansas. The topic […]

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The More Things Change

The pandemic ushered in a panoply of behavioral changes in the workplace, ranging from virtual conferences to repetitive use of […]

antitrust law

Antitrust Lessons From Footnotes and Citations

In the summer of 2016, the Federal Judicial Center (FJC), which is the educational arm of the federal courts, approached […]

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