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taking an oath

Willing to Take an Oath?

Although the subject of academic debate, many scholars agree that the privilege against self-incrimination arose in part from growing opposition […]

Epic Games v. Apple: The Antitrust Analysis

Epic Games v. Apple: The Antitrust Analysis

The recent decision by the U.S. District Court of the Northern District of California in Epic Games v. Apple garnered […]

Double Trouble

Double Trouble

As Benjamin Franklin once mused, “If a man could have half of his wishes, he would double his troubles.” In-house […]

Antitrust Lessons From the Supreme Court’s NCAA Decision

Antitrust Lessons From the Supreme Court’s NCAA Decision

In June, the Supreme Court issued its long-awaited decision in NCAA v. Alston, an antitrust case involving the NCAA’s restrictions […]

Privelege Place - Presnell

Sharpen Your Axe for Board Minutes and Reports

The great frontier lawyer Abraham Lincoln once made the thought-provoking statement that if asked to chop down a tree in […]

Can an Antitrust Agreement Apply to Conduct in One Entity?

Can an Antitrust Agreement Apply to Conduct in One Entity?

Agreement is one of two principal elements of a violation of Section 1 of the Sherman Act. It has been […]

Refusal to Deal

Generally, the antitrust laws do not require a company to work with or do business with a rival. As early […]

To CC or Not to CC: That Is the Privilege Question

Does anyone recall the etymology of the “cc” option in our emails? I do. Before the advent of copying machines, […]

How the Courts Are Enforcing Proportionality in Discovery

In December 2015, Congress and the Supreme Court introduced amendments to the Federal Rules of Civil Procedure designed to control […]

Who Decides Arbitrability?

More and more contracts contain arbitration clauses, as parties realize that arbitration can be an efficient and cost-saving way to […]

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