Law Commons^™

The Preemption Of Collective State Antitrust Enforcement In Telecommunications, Jacob P. Grosso

University of Richmond Law Review

The dichotomy between the levels of government provided murky guidance to telecommunications firms on what behavior is anticompetitive and what decisions firms will have to spend years defending. Despite T-Mobile and Sprint agreeing to sell off several subsidiaries, helping to create a new competitor, and surviving a gamut of regulatory reviews, these companies still could not merge. At this point, preventing the deal would cause irreversible harm to the merging parties.

The conflicts that arose in the T-Mobile-Sprint merger could have been solved through the preemption of collective state antitrust enforcement in the telecommunications market, which would balance the twin …

Amateurism And The Ncaa: How A Changing Market Has Turned Caps On Athletic Scholarships Into An Antitrust Violation, Daniel Laws

Law Student Publications

The college athletics industry is worth $16 billion, and it only continues to grow as the number of collegiate students and student-athletes increases. The governing body of collegiate athletics, the National Collegiate Athletic Association ("NCAA"), prides itself on the amateur status of its athletes. To preserve its athletes' amateurism, the NCAA mandates that its member institutions agree not to compensate student-athletes with athletic scholarships that are above the university's cost of attendance. Typically, this type of horizontal agreement- one between competitors that artificially caps the amount a worker can earn violates Section 1 of the Sherman Act as an unreasonable …

What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker

University of Richmond Law Review

Part I provides an overview of the acquisition landscape, including

a brief history of the prevalence and success of acquisitions

as well as an analysis of acquisitions today. Part II outlines

the acquisition process and highlights the importance and dynamics

of decision making, both in principle and in practice. Part

III explores two theories of acquisitive strategy driving CEO decision

making: value enhancement and private interest. Part IV

analyzes the implications of CEO personality and psychological

drivers on acquisition strategy and decision making. This article

argues that CEO traits are central decision drivers, but that no

particular set of traits …

Merger And Acquisition Due Diligence Part Ii- The Devil In The Details, James A. Sherer, Taylor M. Hoffman, Kevin M. Wallace, Eugenio E. Ortiz, Trevor J. Satnick

Richmond Journal of Law & Technology

Our prior scholarship examined the legal and technical challenges involved in modern Merger & Acquisition ("M&A") due diligence practices associated with transactions ("Deals"), given recent but steady advances in technology and related increases in sophistication seen in Deal participants-primarily the organizations or assets targeted (the "Targets") as part of the Deal, and the organizations that pursued and/or resulted from the Deal (the "Acquirers"). We then proposed a framework addressing five particular verticals of interest and concern: data privacy ("DP"), information security ("IS"), e-Discovery, information governance ("IG"), and the due diligence and record keeping associated with the Deal itself ("Deal Information") …

The Extraterritorial Reach Of United States Securities Actions After Morrison V. National Australian Bank, Nathan Lee

Richmond Journal of Global Law & Business

No abstract provided.

Corporate Governance In Search Of The Shareholder-Manager Balance Of Power, Razeen Sappideen

Richmond Journal of Global Law & Business

No abstract provided.

The Reasonable Information Security Program, Peter Sloan

Richmond Journal of Law & Technology

Our information inhabits a perilous world. Cyber theft, cyber extortion, mobile device loss, misappropriation of confidential business information, and unauthorized disclosures of protected information are real and present dangers for organizations of all sizes and across all industries.

Universal Anti-Bribery Legislation 
Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create 
Universal Legislation To Combat
 Bribery Around The Globe, Lindsey Hills

Richmond Journal of Global Law & Business

No abstract provided.

Exiting The Euro, Frederick V. Perry, Wendy Gelman

Richmond Journal of Global Law & Business

The Crisis in the Euro Zone threatens to break up the Euro and perhaps derail the European Union itself. Many argue that a Member State exiting the Euro would be not only unthinkable, but also a practical impossibility, given the status of the “constitutionality” of European law, the treaties forming the European Union and the Euro, and customary European law. Europeans have been, for centuries, very creative in forging economic and trading alliances—some that appeared to be political alliances and even elementary union. They have also, on more than one occasion, attempted to confect monetary stability. Some of these attempts …

What Is The "Invention"?, Christopher A. Cotropia

Law Faculty Publications

Patent law is in flux, with recent disputes and changes in doctrine fueled by increased attention from the Supreme Court and en banc activity by the Federal Circuit. The natural reaction is to analyze each doctrinal area involved on its own. Upon a closer look, however, many patent cases concern a single, fundamental dispute. Conflicts in opinions on such issues as claim interpretation methodology and the written description requirement are really disagreements over which "invention" the courts should be considering. There are two concepts of invention currently in play in patent decisions. The first is an "external invention" definition, in …

Iosco: The World Standard Setter For Globalized Financial Markets, Antonio Marcacci

Richmond Journal of Global Law & Business

As the current endless crisis clearly proves, world financial markets are closely interconnected. In order to provide a legal backdrop, a soft-law body, named the International Organisation of Securities Commissions (IOSCO), was established and tasked with encouraging an efficient flow of capital. Funded as a Pan-American, and subsequently worldwide, forum more than thirty years ago, IOSCO is a multilateral regulatory network whose members are the public regulators of more than ninety percent of the world’s securities and futures markets. It is devoted to promoting common and efficient regulations, setting the floor for the exchange of information between its members, improving …

Opportunistic Discipline: Using Eurasian Integration To Improve Sanctions Against Belarus, Ilya Zlatkin

Richmond Journal of Global Law & Business

No abstract provided.

Strength Of The International Trade Commission As A Patent Venue, Christopher A. Cotropia

Law Faculty Publications

The data suggests that the ITC is here to stay and almost all patent enforcement actions will take place, at least in part, in the ITC. The landscape of patent enforcement has permanently changed, and the ITC is a solid part of it. This Article reaches these conclusions by first, in Part I, describing the unique features of the ITC that make it a favored venue of patentees. Part II describes the Federal Circuit's decision in Kyocera and the various postulates as to its impact. Part III describes the study, the specific data obtained, and the results. Part IV analyzes …

A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn

Richmond Journal of Law & Technology

On October 23, 2007, the United States announced an initiative to strengthen intellectual property enforcement measures within the international community via the Anti-Counterfeiting Trade Agreement (“ACTA”). During the following years, eleven rounds of negotiations among as many parties culminated in a finalized text released on December 3, 2010. The dialogue occurred outside the purview of existing bodies such as the WIPO and WTO. The ACTA now awaits acceptance following the March 31, 2011 commencement of the ratification period. It will enter into force thirty days following the sixth formal approval.

Bigger Phish To Fry: Californias Anti- Phishing Statute And Its Potential Imposition Of Secondary Liability On Internet Service Providers, Camille Calman

Richmond Journal of Law & Technology

The incidence of phishing, a form of internet fraud, has increased dramatically since 2003. Identity thieves searching for vulnerabilities in internet security have realized that customers are the weak link. Using mass e-mailings and websites purporting to be those of well-known and trusted corporations, “phishers” trick customers into revealing personal and financial information.

A New Method For Regulatory Antitrust Analysis? Verizon Communications Inc. V. Trinko, James E. Scheuermann, William D. Semins

Richmond Journal of Law & Technology

It is a commonplace to speak of the application of law to facts. Application is a practical art, and thus involves method. Curiously, there is a paucity of discussion of the various methods by which substantive legal standards are applied to facts. This omission is significant. Method is not outcome-determinative in all cases, but, at a minimum, it guides analysis, opening certain possibilities and foreclosing others.

When Does A Patent Right Become An Antitrust Wrong? Antitrust Liability For Refusals To Deal In Patented Goods, Aaron B. Rabinowitz

Richmond Journal of Law & Technology

[T]he benefit even of limited monopolies is too doubtful to be opposed to that of their general suppression.At the border of intellectual property monopolies and antitrust markets lies a field of dissonance yet to be harmonized by statute or the Supreme Court.

A Question Of (Anti)Trust:Flood V. Kuhn And The Viability Of Major League Baseball's Antitrust Exemption, William Basil Tsimpris

Richmond Journal of Law and the Public Interest

Jacques Barzun once commented that "[w]hoever wants to know the heart and mind of America had better learn baseball., Taken literally, this assertion is shortsighted, 3 and in today's society "the national pastime" has long ceded its status as America's dominant team sport. In one area, though, baseball still holds a distinction other sports cannot claim: Throughout much of its history, Major League Baseball (hereinfter "MLB") has enjoyed a judicially-created exemption from federal antitrust laws, an exemption not afforded to other sports. This casenote will examine the history and strength of the MLB antitrust exemption from the perspective of Flood …

A Question Of (Anti)Trust:Flood V. Kuhn And The Viability Of Major League Baseball's Antitrust Exemption, William Basil Tsimpris

Richmond Public Interest Law Review

Jacques Barzun once commented that "[w]hoever wants to know the heart and mind of America had better learn baseball., Taken literally, this assertion is shortsighted, 3 and in today's society "the national pastime" has long ceded its status as America's dominant team sport. In one area, though, baseball still holds a distinction other sports cannot claim: Throughout much of its history, Major League Baseball (hereinfter "MLB") has enjoyed a judicially-created exemption from federal antitrust laws, an exemption not afforded to other sports. This casenote will examine the history and strength of the MLB antitrust exemption from the perspective of Flood …

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore

University of Richmond Law Review

No abstract provided.

When Good Mergers Go Bad: Controlling Corporate Managers Who Suffer A Change Of Heart, Celia R. Taylor

University of Richmond Law Review

No abstract provided.

Case Analysis - In Re Buspirone Patent And Antitrust Litigation, Tim Meade

Richmond Journal of Law & Technology

Section 1 of the Sherman Act criminalizes any conspiracy to restrain trade or commerce within the United States or with foreign nations. Section 2 of the Sherman Act criminalizes any attempt to monopolize any part of trade or commerce within the Unites Stated or with foreign nations.

Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley

Richmond Journal of Law & Technology

I'm Terry Riley from the Hampton Roads Technology Council, and technology councils represent business. But predominantly we represent small business, and predominantly we represent users of software, not developers and sellers of software. In the case of my own technology council down [in the] southeastern part of the state, 85 percent of our members have 25 or fewer employees. Less than 5 percent of our members are developers, sellers, or licensors of software. So to a very substantial extent my views and my representations of the interests of my membership have to do with their concerns or their rights as …

The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner

Richmond Journal of Law & Technology

Shrink-wrap and click-wrap licenses play a vital role in enabling businesses and consumers to gain access to and use a variety of computer hardware and software. Such licenses effectively transfer computer-related technology to customers, vendors, and consumers by defining the terms of use of the software without implicating the "first sale doctrine" of the Copyright Act. While shrink-wrap and click-wrap licenses have become essential to the software industry and the new economy as a whole, the law applicable to such licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing the validity and enforceability of …

Ucita And The Virginia General Assembly, Joe T. May

Richmond Journal of Law & Technology

The outline for Joe T. May's speech.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland

University of Richmond Law Review

This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a …

Remarks On The Background And Development Of Ucita, Joe T. May

Richmond Journal of Law & Technology

I'm Delegate Joe May, and I represent the 33rd House of Delegates District which is far Northern Virginia. I should tell you before we start I'm not an attorney by profession. I'm an electrical engineer with grease under the fingernails to prove it. In fact, I own an electronic manufacturing and engineering firm. And to paraphrase Polonius, I am neither a borrower nor lender of software. I do purchase some, we do sell some. So hopefully my perspective is a little more balanced than it might first appear. I'm going to talk today about the chronology of events that led …

Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller

Richmond Journal of Law & Technology

In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, SilverPlatter, Lotus, Novell, and Microsoft), wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives wrote that they supported UCITA because "it is true to three commercial principles: commerce should be free to flourish in the electronic age; rules should support use of new (in this case electronic) technologies; marketplace forces should determine the form of …

Remarks On Ucita In Practice: Attorney Views, Richard Grier

Richmond Journal of Law & Technology

I agreed to talk about the default sections, which I'm going to talk about in just a minute. I learned this morning by listening to Mr. Ring, the default sections take up two-thirds of the Act. And I didn't realize that when I agreed to take up the default sections, but actually that's okay because the other thing I found during the day is that practically every other speaker you have heard has talked about default sections. Most of what I have to tell you, you've heard a little piece of already. What's different, though, is that I want to …

Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert

Richmond Journal of Law & Technology

The e-commerce revolution has redefined the way business is transacted everywhere. Meanwhile, the body of commercial law lags behind the fast pace of technological changes and has yet to effectively address the numerous issues presented by radical changes in the world of commerce such as electronic contracts, electronic signatures, shrinkwrap agreements, and click-wrap agreements. In an effort to establish the Commonwealth of Virginia as a national leader on this subject, in 2000 the Virginia General Assembly passed the Uniform Computer Information Transactions Act ("UCITA"). UCITA legislation has been introduced in a handful of other states but the only other state …