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No-Poach Agreements and Antitrust

October 28, 2022

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

A Whisper Doesn’t Cut It

October 10, 2022

“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

July 6, 2022

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

The More Things Change

May 26, 2022

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

Antitrust Lessons From Footnotes and Citations

March 28, 2022

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

Willing to Take an Oath?

March 1, 2022

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

December 3, 2021

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

Double Trouble

October 25, 2021

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

October 1, 2021

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

Sharpen Your Axe for Board Minutes and Reports

June 28, 2021

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

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