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Consistent with its goals of encouraging innovation and enhancing consumer welfare, antitrust law generally does not compel a firm to give access to the very assets that are the source of a firm’s competitive advantage, including a firm’s intellectual property, unless a firm has illegitimately gained some edge in the market. And yet, in the context of merger review, compulsory licenses are a fairly common remedy. The Federal Trade Commission and Department of Justice do not impose a compulsory license in every case, but the principles guiding the decision are not entirely clear.This Article is suspicious of the benefits of a compulsory license and concerned about the costs. Ultimately, the agencies use compulsory licenses as a remedial tool to change the post-merger market dynamics....
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Imagine seeing a television commercial promising a free iPad if you call the phone number on the screen. If you call the number and do not receive your gift, your next phone call will probably be to file a consumer complaint.
Similar messages bombard your inbox every day in the form of unsolicited commercial email -- more popularly known as spam. But lawyers involved in this growing area of cyber law say a legal remedy is not as readily available as it is for other types of unwanted or deceptive advertising.
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Migrant workers often incur high debt to pay recruitment fees for placement as guest workers in the United States.1 Recruiters regularly use false promises regarding working conditions and earnings opportunities to extract exorbitant fees. Workers then find low pay and dangerous conditions. Yet many workers rightly fear complaints will lead to deportation, leaving them unable to repay their debts. Theoretically, workers are protected by H-2 program regulations that prohibit shifting recruiting costs to workers. Yet these prohibitions mean little if they do not permit plaintiffs to recover the underlying fees in private actions against employers and recruiters. The H-2 regulations do not include a private right of action, and the Fair Labor Standards Act applies only in limited circumsta...
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A commercial shopping center in northern Vanderburgh County soon will be anchored by The Remedy, a non-denominational, non- traditional church.
The church closed Monday on the purchase of the 29,275-square- foot Darmstadt Village Shopping Center, located on the southwest corner of Darmstadt and Boonville-New Harmony roads.
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Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ'') initial determination (``ID'') (Order No. 52) granting a joint motion to terminate the investigation as to respondent Electric Motor Service, Inc. (EMS) of Logan, West Virginia. The Commission is also requesting written submissions concerning a remedy against a defaulted respondent.
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Introduction. I. Yuspeh v. Koch. A. Factual and Procedural Background. B. Summary of the Defendants' Arguments. C. Summary of the Louisiana Court of Appeal's Decision. i. Argument that the Trial Court Failed to Rule that Louisiana Revised Statutes 12:131w as the Minority Shareholders' Sole Remedy. ii. Argument of No Cause of Action for Fraud or Breach of Fiduciary Duty. iii. The Court of Appeal's Determination of the Value of the Stock. II. Pertinent History of Dissenters' Rights. A. Cumbersome Procedural Rules that Can Take away Dissenters' Rights. B. Unfavorable Share Valuation Problems with Dissenter's Rights. III. Appraisal Rights as an Exclusive Remedy?. A. Should Dissenters' Rights be Ruled as an Exclusive Remedy in Both "Freeze-in" and "Freeze-out" Transactions?. B. Delaware's Ex...