The National Law Journal

November 03, 2008 | National Law Journal

Unfair methods of competition and deceptive trade practices in commerce are unlawful under Section 5(A)(1) of the Federal Trade Commission Act. Although the scope of the FTC's enforcement authority under section 5 undeniably includes violations of the federal antitrust statutes, it is less clear under what circumstances, if any, the "unfair methods of competition" prong of 5 prohibits conduct that doesn't violate or pose an imminent risk of violating the antitrust laws, but that is an otherwise "unfair" method of competition. In an all-day commission-sponsored workshop held in Washington on Oct. 17, current and former FTC commissioners, academics, in-house counsel and private practitioners voiced their opinions on the proper scope of unfair methods of competition.

By Alicia L. Downey / Special to The National Law Journal

13 minute read

December 15, 2008 | National Law Journal

One of the most challenging aspects of electronic discovery arises when U.S. litigation crosses borders into European Union countries with strong privacy laws. Ten years ago, these challenges seemed nonexistent; today, litigators face increasing roadblocks to e-discovery based on foreign privacy laws. Are these roadblocks real or imaginary?

By Shannon Capone Kirk, Emily Cobb and Michael Robotti / Special To The National Law Journal

10 minute read

April 26, 2004 | National Law Journal

Last spring, I led a team of specialists that drafted a new labor and employment law for the Islamic Transitional State of Afghanistan. Our experiences bear some important lessons today, as Iraqfollowed, it is to be hoped, by other countriesjoins the international community as a nation of laws.

By R. Michael SmithSpecial to The National Law Journal

5 minute read

July 19, 2004 | National Law Journal

When it comes to writing laws and deciding cases, how much—if any—attention should be paid to the opinions of John Q. Public? A recent study suggests that when the opinions of the average Joe are tossed aside, people may be disinclined to follow not only the laws they disagree with, but all laws.

By Jeremy Blumenthal Special to The National Law Journal

5 minute read

May 15, 2006 | National Law Journal

In Merrill Lynch, Pierce, Fenner & Smith Inc. v. Dabit, the Supreme Court held that securities fraud "holder claims" cannot be asserted as class actions under state law. Although the court's unanimous decision suggests the case was easy, it's an ineffective half-measure that does little to eliminate these frivolous claims.

By Stephen L. Ascher Rachel Kane/Special to The National Law Journal

5 minute read

April 25, 2005 | National Law Journal

An overindictment may well have been responsible for the acquittals in the 1999 shooting of Amadou Diallo.

By Steven LubetSpecial to The National Law Journal

5 minute read

June 21, 2004 | National Law Journal

Judges love to delve into history to support their interpretations of the original intent of those who wrote our laws. But when judges play at being historians, they muck things up.

By Jack L. LandauSpecial to The National Law Journal

6 minute read

June 14, 2004 | National Law Journal

The FBSs error in wrongly identifying the fingerprints of an Oregon lawyer in connection with the Madrid bombing brings to sharp light the long-simmering debate over the reliability of our nations forensic laboratories.

By Bennett L. GershmanSpecial to The National Law Journal

5 minute read

June 12, 2006 | National Law Journal

A Houston jury has convicted former Enron Chairman Kenneth Lay and former Chief Executive Officer Jeffrey Skilling of fraud and conspiracy. Now that the verdict is in, it's worth remembering that it didn't have to be this way.

By Lanny J. Davis and Caroline S. Nolan/Special to The National Law Journal

5 minute read

October 06, 2003 | National Law Journal

When the Oklahoma attorney general brought state securities charges in the WorldCom case, he not only junked the deference traditionally paid to federal prosecutors, he may have also ignited a kind of doomsday scenario with state attorneys general racing to indict high-profile corporate defendants, thus undermining cases carefully crafted by the U.S. Department of Justice (DOJ).

By Robert A. MintzSpecial to The National Law Journal

5 minute read