James Keyte

April 14, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write that while the potential anticompetitive effects of Patent Assertion Entities in broad terms may not be discernable until an FTC study is released at the end of this year, there is a growing body of individual actions addressing the viability of antitrust principles to restrict the power of these entities.

By Shepard Goldfein and James Keyte

11 minute read

April 13, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write that while the potential anticompetitive effects of Patent Assertion Entities in broad terms may not be discernable until an FTC study is released at the end of this year, there is a growing body of individual actions addressing the viability of antitrust principles to restrict the power of these entities.

By Shepard Goldfein and James Keyte

11 minute read

March 12, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss the U.S. Supreme Court's decision finding North Carolina's Board of Dental Examiners capable of conspiring and lacking immunity under the state-action doctrine, writing that the decision may lead many industries, even the practice of law, to rethink their professional regulatory regimes currently in place nationwide.

By Shepard Goldfein and James Keyte

13 minute read

March 11, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss the U.S. Supreme Court's decision finding North Carolina's Board of Dental Examiners capable of conspiring and lacking immunity under the state-action doctrine, writing that the decision may lead many industries, even the practice of law, to rethink their professional regulatory regimes currently in place nationwide.

By Shepard Goldfein and James Keyte

13 minute read

December 09, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write that with both Houses of Congress under Republican control, commentators are predicting that the SMARTER Act is likely to pass, harmonizing the FTC's authority to review and challenge mergers with that exercised by the DOJ.

By Shepard Goldfein and James Keyte

13 minute read

November 07, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte write: In September 2011, the Department of Justice formally announced the first settlement in its investigations into an international automobile parts price-fixing and bid-rigging conspiracy. In the three years since, the DOJ has continued the auto parts investigations, charging more than 30 individuals and 27 companies with antitrust violations, collecting more than $2.3 billion in fines, and demonstrating its resolve in ferreting out bid-rigging, customer allocation and price-fixing across a wide range of industries.

By Shepard Goldfein and James Keyte

11 minute read

October 14, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte review the history of 'Dean Foods Co. v. Food Lion,' in which milk wholesalers defending themselves against price-fixing allegations have asked the U.S. Supreme Court to decide whether a plaintiff "must produce evidence of causation to defeat a motion for summary judgment, or whether a court may instead presume causation at summary judgment and permit the case to proceed to trial based on that presumption."

By Shepard Goldfein and James Keyte

12 minute read

May 13, 2014 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte review each FTC commissioner's policy hot spots, core antitrust principles and perspectives on proof, with particular attention to instances where the political divide was crossed.

By Shepard Goldfein and James Keyte

13 minute read

June 11, 2013 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte, partners at Skadden, Arps, Slate, Meagher & Flom, review a case where the U.S. Supreme Court will resolve a circuit split between the Fifth Circuit, which has held that a state attorney general's action is removable under the Class Action Fairness Act where the action seeks monetary recovery for individual citizens, and three other circuits that have concluded that parens patriae actions are not "mass actions" and do not fall within the reach of CAFA.

By Shepard Goldfein and James Keyte

12 minute read

September 20, 2013 | New York Law Journal

In their Antitrust Trade and Practice column, Skadden, Arps, Slate, Meagher & Flom's Shepard Goldfein and James Keyte write: While businesses currently should take comfort in knowing that their class action waivers likely will be enforced, parties still need to adopt a cautious, balanced approach before eliminating all pro-consumer provisions in arbitration agreements.

By Shepard Goldfein and James Keyte

13 minute read