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Annual Survey Of Virginia Law: Antitrust Law, Michael F. Urbanski
Annual Survey Of Virginia Law: Antitrust Law, Michael F. Urbanski
University of Richmond Law Review
Increasingly, the state and federal antitrust laws are being invoked in a wide variety of civil, criminal, commercial and professional disputes. While the availability of treble damages and an award of costs and attorneys' fees to a prevailing plaintiff likely provides the impetus for the assertion of civil antitrust claims, such claims have met with little success in Virginia during 1988 and 1989. Rather, antitrust defendants have substantially prevailed by asserting defenses based on, inter alia, antitrust immunity; the failure to establish the required nexus with interstate commerce; the failure to prove the existence of a conspiracy; the failure to …
Annual Survey Of Virginia Law: Business And Corporate Law, Donald E. King
Annual Survey Of Virginia Law: Business And Corporate Law, Donald E. King
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part I covers judicial decisions, including: (1) two Eastern District of Virginia cases in which Virginia corporate law was applied to help ward-off hostile takeovers; (2) three Fourth Circuit opinions affecting private actions under the federal securities laws; (3) a Supreme Court of Virginia decision specifically enforcing a close corporation buy-sell agreement against a deceased shareholder's widow; (4) an Eastern District of Virginia case in which close corporation squeeze-out allegations were held sufficient to state a federal claim for securities fraud; and (5) a Western District of …