Shepard Goldfein

August 11, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: The degree of rigor needed to attain class action certification is a hotly litigated issue in the federal courts these days. On the heels of the U.S. Supreme Court's decision to grant certiorari in 'Bouaphakeo v. Tyson Foods', an outright split among several circuit courts on the ascertainability requirement of FRCP 23 may tee up yet another class certification issue for the Supreme Court to resolve.

By Shepard Goldfein and James A. Keyte

10 minute read

August 10, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James A. Keyte write: The degree of rigor needed to attain class action certification is a hotly litigated issue in the federal courts these days. On the heels of the U.S. Supreme Court's decision to grant certiorari in 'Bouaphakeo v. Tyson Foods', an outright split among several circuit courts on the ascertainability requirement of FRCP 23 may tee up yet another class certification issue for the Supreme Court to resolve.

By Shepard Goldfein and James A. Keyte

10 minute read

July 14, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte review the case brought by employees at a Tyson Foods meat-processing facility and the Supreme Court's upcoming review of the use of statistical averages in liability and damages calculations as well as the inclusion of potentially uninjured individuals within a class.

By Shepard Goldfein and James Keyte

12 minute read

July 14, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte review the case brought by employees at a Tyson Foods meat-processing facility and the Supreme Court's upcoming review of the use of statistical averages in liability and damages calculations as well as the inclusion of potentially uninjured individuals within a class.

By Shepard Goldfein and James Keyte

12 minute read

June 09, 2015 | New York Law Journal

In their Antitrust Trade and Practice column,Shepard Goldfein and James Keyte discuss an increasingly important issue at the forefront of antitrust law: two-sided markets. These are markets in which a single firm or platform connects two separate but related groups of consumers at the same time—such as credit card networks serving both cardholders and merchants who accept the cards—and they complicate the traditional framework employed to analyze antitrust claims.

By Shepard Goldfein and James Keyte

10 minute read

June 08, 2015 | New York Law Journal

In their Antitrust Trade and Practice column,Shepard Goldfein and James Keyte discuss an increasingly important issue at the forefront of antitrust law: two-sided markets. These are markets in which a single firm or platform connects two separate but related groups of consumers at the same time—such as credit card networks serving both cardholders and merchants who accept the cards—and they complicate the traditional framework employed to analyze antitrust claims.

By Shepard Goldfein and James Keyte

10 minute read

May 12, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss the FTC's and European Commission's investigations into Google's search practices and the differences in U.S. and EU approaches to antitrust enforcement.

By Shepard Goldfein and James Keyte

10 minute read

May 11, 2015 | New York Law Journal

In their Antitrust Trade and Practice column, Shepard Goldfein and James Keyte discuss the FTC's and European Commission's investigations into Google's search practices and the differences in U.S. and EU approaches to antitrust enforcement.

By Shepard Goldfein and James Keyte

10 minute read

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