In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...more
In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...more
The Internal Revenue Service (IRS) recently published a new Technical Guide for tax-exempt 501(c)(6) trade associations, business leagues, chambers of commerce, real estate boards, and other organizations exempt from federal...more
On August 16, 2022, we prepared an alert discussing Mickelson v. PGA Tour, Inc. and the claims made by suspended PGA Tour players (“Player Plaintiffs”) against PGA Tour, Inc. (“Tour.”) Quite a bit has transpired in the past...more
On August 3, 2022, eleven suspended PGA Tour members filed a complaint in the United States District Court for the Northern District of California (the “Court”) against PGA Tour, Inc. (the “Tour”), alleging violation of...more
The Metaverse offers broad opportunities for trade associations to expand their reach and enhance member experiences like never before. These new and exciting possibilities, however, come with unique challenges. This alert...more
The Metaverse is widely regarded as the next frontier in digital commerce, with organizations spending millions of dollars securing a presence by buying digital real estate and investing in platforms to be market leaders....more
8/1/2022
/ Blockchain ,
Digital Assets ,
E-Commerce ,
Intellectual Property Protection ,
Metaverse ,
Non-Fungible Tokens (NFTs) ,
Nonprofits ,
Popular ,
Real Estate Market ,
Real Estate Transactions ,
Trademarks
Before being acquired by American Airlines, US Airways sued Sabre for anticompetitive conduct under the Sherman Act. The case begins trial later this spring, and the district court’s recent ruling on summary judgment...more
With nearly 150 similar class action lawsuits pending nationwide, the ruling is a win for the ERISA plaintiff's bar, potentially supporting their expansive view of plan fiduciaries' duty to monitor investments.
As...more
The U.S. Supreme Court heard oral argument to decide a circuit split and determine what ERISA requires of ERISA-governed pension plan fiduciaries with respect to investment fees and recordkeeping. A decision is expected in...more
New York's Attorney General is suing to dissolve the National Rifle Association (NRA) based upon what the AG alleges are repeated violations of state laws regulating nonprofit corporations. The Attorney General's amended...more
12/14/2021
/ Audits ,
Compensation ,
Mismanagement ,
New York ,
Nonprofits ,
NRA ,
Pass-Through Entities ,
Personal Benefit ,
State Attorneys General ,
Transparency ,
Whistleblowers
The Digital Millennium Copyright Act (the DMCA) governs the protection of copyrighted material in the digital environment. Among other things, the DMCA criminalizes circumvention of digital rights management tools that...more
In this podcast, Brian Schneider and Megan Daily discuss frequently asked questions from small businesses and nonprofits about contract management.
During this 10-minute podcast, Brian and Megan cover:
Do you always need a...more
Trade associations and other cooperatives should heed the warning implied by the US Department of Justice’s aggressive stance in a recent court filing
Trade associations and other cooperatives should heed the warning...more
The Second Circuit confirmed last month that parties settling trademark disputes have significant flexibility to avoid violating the antitrust laws. The Court overturned a Federal Trade Commission (FTC) decision finding that...more
Two recent antitrust decisions by federal courts offer cautionary tales for businesses and trade associations. The cases involve common antitrust trouble spots: complaints from customers, “bad emails,” and competitor boycotts...more
In today's episode of the returning to work podcast series, Partner Brian Schneider and Associate Alexandra Romero discuss the following topics:
* Managing and setting policies for remote working
* Partial in-office...more
Recent antitrust activity is instructive for associations to identify and limit key areas of antitrust risk. Here are some highlights from 2020:
Certification and Accreditation Programs Are Pro-Competitive Functions of...more
In light of the development of a COVID vaccine, employers across all industries are beginning to plan for their employees to return to the workplace.
In today’s episode, Partner Brian D. Schneider and Associate Alexandra M....more
The US Department of Justice and the Federal Trade Commission recently issued an updated set of guidelines for “vertical mergers,” or mergers between companies at different levels of the supply or distribution chain.
The...more
The US Department of Justice issued a business review letter on April 16, 2020, that confirms trade associations can remain relevant and valuable as they manage an escalated emphasis on supporting online marketplaces. The DOJ...more
Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals....more
The Federal Trade Commission issued a decision last week illustrating that even sophisticated executives need reminding that emails and texts will be “Exhibit A” of an antitrust violation.
After a multi-week trial, an FTC...more
10/21/2019
/ Antitrust Provisions ,
Antitrust Violations ,
Boycotts ,
Competition ,
Electronically Stored Information ,
Email ,
Evidence ,
Federal Trade Commission (FTC) ,
Price-Fixing ,
Sherman Act ,
Text Messages
College and university staff and college store operators routinely grapple with how to enable students to use copyrighted material in the most economical and efficient way. Copyright protections have not made this easy, with...more
8/24/2019
/ Authorship ,
Colleges ,
Copyright ,
Copyright Infringement ,
Creative Commons License ,
Educational Institutions ,
Fair Use ,
Fees ,
For Profit Colleges ,
Nonprofits ,
Textbooks ,
The Copyright Act ,
Universities