Antitrust Trade and Practice

Tuesday, June 17, 2008

By Neal R. Stoll and Shepard Goldfein

"Neal R. Stoll and Shepard Goldfein, partners at Skadden, Arps, Slate, Meagher & Flom, write that on April 2, 2008, the European Commission published its eagerly anticipated White Paper on private antitrust damages actions. The commission sought to portray the White Paper as an attempt to strengthen private enforcement of European antitrust laws, while avoiding certain features of the U.S. system that are seen as prone to abuse and incompatible with European legal culture and traditions."

Zoning & Land Use

Tuesday, June 17, 2008

By Charlotte A. Biblow

"Charlotte A. Biblow, a partner at Farrell Fritz, writes that real estate development on Long Island (and elsewhere throughout the state) often involves a government entity as the property owner or as one of the parties helping to structure the transaction by providing tax benefits that assist the project's financing. In both cases, local municipalities may find that their property tax rolls are impacted."

OUTSIDE COUNSEL:

'Willfulness' Needed to Recoup Trademark-Suit Profits?

Tuesday, June 17, 2008

By Celeste M. Butera

"Celeste M. Butera, a partner at Rivkin Radler, writes that while the Lanham Act permits prevailing plaintiffs to recover a trademark infringer's illicit profits, in the early 1990s, the Second Circuit ruled that such profits were available only when the trademark violation was found to be willful. Since then, however, the Lanham Act has been amended and judges in the Southern District of New York now are divided as to whether a plaintiff must prove willfulness to recover an infringing defendant's profits"

TECHNOLOGY TODAY:

Poorly Executed Privilege Review Can Lead to Waiver

Tuesday, June 17, 2008

By H. Christopher Boehning and Daniel J. Toal

"H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that In Victor Stanley, Magistrate Judge Paul Grimm offers some guidance to litigants faced with the unnerving high-wire act of performing a thorough electronic privilege search within the time constraints set by the court while also trying to keep expenses under control."