2008 Articles

Attorney-client privilege in corporate internal investigations By Beth L. Fancsali & Paul Olszowka September 2008 Corporations face increased burdens and deeper pitfalls in a more public environment.
Chair’s Comment By Mildred L. Calhoun September 2008 Antitrust law has undergone a lot of changes in the last few years.
Connecticut Attorney General files antitrust lawsuit against Guy Carpenter March 2008 In 2004, New York Attorney General Elliot Spitzer charged several large insurance brokers with improperly attempting to use their leverage with insurers to make contingent commissions bonuses a certainty rather than a possibility without disclosing the situation to their customers.
Editor’s introduction By John L. Conlon March 2008 The United States Supreme Court’s removal of vertical minimum resale price restrictions from the per se category of antitrust violations last year in Leegin v. PSKS, Inc., created a large number of unanswered questions as to how such restrictions would be treated under the Rule of Reason and under the various state antitrust laws.
Editor’s note By Karen Sewell September 2008 John Conlon, who served in this position so capably for six years, has retired and his duties as editor have passed on to me.
Electronic discovery in antitrust litigation By Jason Fliegel September 2008 As the scope, volume, and use of electronically stored information in day-to-day life has increased, so too has electronic discovery become an increasingly prevalent and expensive part of litigation.
Ninth Circuit rejects LePage’s and creates Circuit split on treatment of bundled discounts By Jonathan L. Lewis March 2008 On February 1, 2008, the Ninth Circuit issued a superseding and amended opinion in an important case regarding the antitrust treatment of “bundled discounts”—that is, selling “a bundle of goods or services for a lower price than the seller charges for the goods or services purchased individually.”
Recent developments, trends, and milestones in the Antitrust Division’s Criminal Enforcement Program By Scott D. Hammond September 2008 The detection, prosecution, and deterrence of cartel offenses remain the highest priority of the Antitrust Division.
State law limitations on the impact of Leegin By Blake L. Harrop March 2008 In June of 2007, the U.S. Supreme Court overruled a nearly 100-year-old decision in Dr. Miles Medical Co. v. John D. Park & Sons Co.