October 13, 2015
A campaign to require licensure in the personal training industry by the U.S. Registry of Exercise Professionals has left some scratching their heads. Six states have considered licensure laws that, through criminal liability, would forbid providing personal training services without a license. In 2013, Washington, D.C. passed legislation authorizing the D.C. Board of Physical Therapy to enact regulations for licensure of personal trainers, though it now appears that this law will be repealed.
In this podcast, Brodie Butland and I discuss the implications of the various proposals to require licensure for personal trainers, including the remarkable over breadth of the proposed laws, their anti-consumer establishment of an oligopoly exclusively benefitting only a part of the personal training profession, and their stifling creativity and innovation in the fitness industry by requiring personal trainers and consumers into a one-size-fits-all paradigm. Tune in to find out more.
September 23, 2015
Antitrust Law Source author Darcy Jalandoni and editor Jay Levine pick up their discussion of the antitrust issues facing Amazon. In this episode, they discuss the parties’ positions, the result of Amazon’s recent contract dispute with Hachette…and how authors, and ultimately how American literature, will publish in the future.
September 16, 2015
Since the Kindle was released in 2007, Amazon has become dominant in the e-publishing world. Amid its other legal battles over the last eight years, a dispute between authors, the traditional publishing industry and Amazon has been not so quietly brewing. Antitrust Law Source author Darcy Jalandoni and editor Jay Levine discuss some of the interesting twists and turns in the dispute, and what the next chapter holds.
February 10, 2015
Today, the Ninth Circuit upheld a ruling by an Idaho Federal District Court that ordered St. Luke’s Health System Ltd. to divest its acquisition of Saltzer Medical Group. Jay discusses the importance of this ruling in today’s podcast.
February 10, 2015
How can retailers and product designers minimize their liability exposure to “Made in the USA” false-labeling claims without sacrificing the valuable label itself? In part two of the “Made in the USA” podcast series, Jay Levine, Jared Klaus and Bob Tannous discuss how mitigating risk from such claims requires a holistic approach, including such strategies as negotiating indemnity agreements and reps and warranties with upstream suppliers and manufacturers, structuring insurance arrangements, conducting internal audits and monitoring for warning signs on social media and court filings.
February 2, 2015
A slew of recent class actions brought in California are claiming that retailers and product designers acted deceptively by marketing their products as "Made in the USA." But, as discussed in this podcast, the issue is far from black and white. For instance, can a pair of jeans assembled in the USA from domestically produced denim be labeled "Made in the USA" if the zipper on those jeans was imported from a foreign country? According to the FTC, the answer is yes, but California law says no. Find out how this strict California law is wrecking havoc on the apparel industry, and hear how to avoid becoming the next target for this wave of litigation.
November 26, 2014
This podcast discussed the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright's Antitrust Group, provide an overview of the state action doctrine at issue in the case, analyze possible outcomes and assess the potential repercussions of the Court's decision. In particular, Jay and Darcy discuss how the Courts decision may affect how states will choose to license and oversee professionals (including medical professionals) in the future.
September 23, 2014
This podcast offers a brief introduction into the world of the Hart-Scott-Rodino Antitrust Improvement Act of 1976, more commonly referred to as the HSR Act. Two members of the Porter Wright Antitrust group, Jay Levine and Jetta Sandin, provide listeners with an overview of the history of the Act, the criteria that could make a deal subject to the Act’s reporting requirements, common pitfalls that lead to violations of the Act and the consequences of non-compliance. Stay tuned for the next addition in which Jay and Jetta walk listeners through compliance with the Act’s reporting requirements – “The Form.”
September 5, 2014
Rounding out our discussion on the Sherman Act, host Jay Levine discusses how businesses enter into contracts utilizing specific tactics to ensure they stay competitive and under what circumstances those tactics become problematic. Learn how most favored nation and non-discrimination clauses, as well as market share discounts and exchanging non-price information can be used to preclude competitive entry. Should you include them in your contract? Listen to find out more.
August 14, 2014
Can one company drive out competition without resorting to pricing measures? Absolutely. Porter Wright’s Jay Levine discusses what types of conduct can be considered “non-price predication” that violate the antitrust laws.