Columnist

Employer Policies and Employee Personal Privileged Emails

February 7, 2024

Death, taxes, and employees sending personal emails via the employer’s email server. We know it happens despite policies preventing or […]

Untangling Corporate Privilege: Deciphering the Complex Weave of Waivers

January 18, 2024

The principles that govern waivers for corporate entities are like a woven tapestry. In one direction we find patterns that […]

Is Criminal Enforcement of Section 2, the Sherman Act Coming?

November 30, 2023

In March, I attended the American Bar Association Antitrust Law Section’s Spring Meeting in Washington. A hot topic under discussion […]

Ruling Redefines “Rule of Reason” in McDonald’s Antitrust Case

October 3, 2023

No-poach agreements are a hot topic in antitrust. Both government agencies and private plaintiffs have challenged such agreements. Recently the […]

Unfair Competition Under Section 5 of the FTC Act

June 28, 2023

The Federal Trade Commission under Chair Lina Khan has sought to invigorate competition enforcement and rulemaking since President Biden appointed […]

Ask the Court If You Want Confidentiality

May 25, 2023

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

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

May 2, 2023

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

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

April 4, 2023

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

The FTC Rule Banning Noncompete Agreements

February 28, 2023

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

Once In a Blue Moon Privilege Ruling

January 5, 2023

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

Daily Updates

Sign up for our free daily newsletter for the latest news and business legal developments.

Scroll to Top