Gordon Schnell

June 04, 2019 | New York Law Journal

As the court stressed, "[i]f the government intervenes, the civil action remains the same--it simply has one additional party."

By Gordon Schnell

4 minute read

December 22, 2003 | New Jersey Law Journal

The Do-Not-Call registry's restriction on commercial, but not charitable, speech is properly grounded in a lower degree of constitutional protection.

By Gordon Schnell

4 minute read

April 18, 2002 | Law.com

A former employee may engage in a variety of conduct that can wreak havoc on a company. This potentially damaging conduct can easily be avoided (or at least significantly discouraged) through the simple use of contractual tools such as confidentiality, nondisclosure, nonsolicitation, and noncompete agreements.

By Gordon Schnell

8 minute read

July 03, 2002 | Law.com

In a lawsuit filed in federal district court in Washington, D.C., a group of medical residents has challenged on antitrust grounds the National Resident Matching Program. The case, which could ultimately drag into court up to 1,000 of the country's top hospitals, has sent a shiver through the health care industry. A win for the residents could place the entire industry in financial turmoil. But that win is far from certain.

By Gordon Schnell

5 minute read

December 08, 2003 | National Law Journal

Will telemarketers ever be forced to cease and desist from annoying us? That answer may be forthcoming soon from the 10th Circuit U.S. Court of Appeals, which is hearing a challenge to the constitutionality of the Do-Not-Call Registry.

By Gordon SchnellSpecial to The National Law Journal

5 minute read

December 11, 2001 | Law.com

The failed merger between United Airlines and US Air, which fell apart because of a threatened regulatory challenge, demonstrated the importance -- for some parties -- of having antitrust "walk-away" provisions in their merger agreements. These provisions can protect parties from the inordinate delay, disruption, expense and ultimate uncertainty that result from an extended merger review or challenge by government antitrust authorities.

By Gordon Schnell

9 minute read

September 05, 2005 | National Law Journal

With the Jan. 4 indictment by New York State Attorney General Eliot Spitzer of James Zimmerman, former head of Federated Department Stores, the retail industry has received a stark wake-up call on the risks associated with exclusive dealing. Could Spitzer's challenge to the Lenox/Waterford deal, and the spotlight he has placed on Zimmerman, be the opening salvo of Spitzer's next great thing? Probably not. But it should put retailers and their suppliers on notice.

By Gordon Schnell

9 minute read

October 13, 2005 | Law.com

By selling Lipitor and Torcetrapib in tandem, Pfizer hopes to provide a one-two knockout punch to heart disease. Critics of the plan suggest the unusual bundling is merely about protecting Lipitor from competition. If given the FDA nod, Pfizer would likely be immunized from the liability it might otherwise be exposed to from tying the two drugs together. The prospect of such an antitrust trump card presents a regulatory loophole in the pharmaceutical industry that may be too big to ignore.

By Gordon Schnell

11 minute read

July 31, 2002 | New York Law Journal

A group of current and former medical residents has challenged on antitrust grounds the National Resident Matching Program (NRMP), the 50-year-old system that "matches" medical students with residency programs. 1 The lawsuit was filed in May in federal district court in Washington, D.C.

By Gordon Schnell

10 minute read

November 12, 2008 | New York Law Journal

Gordon Schnell, a partner at Constantine Cannon, and Sam Rikkers, an associate at the firm, write: Let's face it. The Donnelly Act - New York's antitrust statute; the state's "little Sherman Act" - is not worth very much these days. For all practical purposes, it can only be used by the attorney general or by a business that has been harmed by the challenged anticompetitive conduct. For everyone else, namely individual consumers - the very constituency the antitrust laws were designed to protect - the statute is pretty much off-limits.

By Gordon Schnell and Sam Rikkers

11 minute read