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Government licensure for the personal training industry – unnecessary, unworkable and unintelligible

A campaign to require licensure in the personal training industry by the U.S. Registry of Exercise Professionals has left some scratching their heads. Six states have considered licensure laws that, through criminal liability, would forbid providing personal training services without a license. In 2013, Washington, D.C. passed legislation authorizing the D.C. Board of Physical Therapy to enact regulations for licensure of personal trainers, though it now appears that this law will be repealed.…

Antitrust woes for Amazon, Part 1

Since the Kindle was released in 2007, Amazon has become dominant in the e-publishing world. Amid its other legal battles over the last eight years, a dispute between authors, the traditional publishing industry and Amazon has been not so quietly brewing. Antitrust Law Source author Darcy Jalandoni and editor Jay Levine discuss some of the interesting twists and turns in the dispute, and what the next chapter holds.…

“Made in the USA” labeling: A trap for the unwary – Part two

How can retailers and product designers minimize their liability exposure to “Made in the USA” false-labeling claims without sacrificing the valuable label itself? In part two of the “Made in the USA” podcast series, Jay Levine, Jared Klaus and Bob Tannous discuss how mitigating risk from such claims requires a holistic approach, including such strategies as negotiating indemnity agreements and reps and warranties with upstream suppliers and manufacturers, structuring insurance arrangements, conducting internal audits and monitoring for warning signs on social media and court filings.…

“Made in the USA” labeling: A trap for the unwary – Part one

A slew of recent class actions brought in California are claiming that retailers and product designers acted deceptively by marketing their products as “Made in the USA.” But, as discussed in this podcast, the issue is far from black and white. For instance, can a pair of jeans assembled in the USA from domestically produced denim be labeled “Made in the USA” if the zipper on those jeans was imported from a foreign country? According to the FTC, the answer is yes, but California law says no. Find out how this strict California law is wrecking havoc on the apparel …

The importance of the state action exemption on state licensing boards

This podcast discusses the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental Examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright’s Antitrust Group, provide an overview of the state action doctrine at issue in the case, analyze possible outcomes, and assess the potential repercussions of the Court’s decision. In particular, Jay and Darcy discuss how the Court’s decision may affect how states will choose to license and oversee professionals (including medical professionals) …

Mergers 101 – So you have a deal, now what?

This podcast offers a brief introduction into the world of the Hart-Scott-Rodino Antitrust Improvement Act of 1976, more commonly referred to as the HSR Act. Two members of the Porter Wright Antitrust group, Jay Levine and Jetta Sandin, provide listeners with an overview of the history of the Act, the criteria that could make a deal subject to the Act’s reporting requirements, common pitfalls that lead to violations of the Act and the consequences of non-compliance. Stay tuned for the next addition in which Jay and Jetta walk listeners through compliance with the Act’s reporting requirements – “The Form.”…

Part Three: Section two of The Sherman Act – unilateral conduct (cont’d)

Rounding out our discussion on the Sherman Act, host Jay Levine discusses how businesses enter into contracts utilizing specific tactics to ensure they stay competitive and under what circumstances those tactics become problematic.  Learn how most favored nation and non-discrimination clauses, as well as market share discounts and exchanging non-price information can be used to preclude competitive entry.  Should you include them in your contract? Listen to find out more.…

Part One: Section two of The Sherman Act – Unilateral conduct

In this podcast, Jay Levine continues his discussion of the Sherman Act, focusing now on unilateral conduct. Jay talks through some of the details specific to Section Two of the Act. What is monopolization, what is considered an attempt of monopolization and what types of conduct should your business avoid so you can stay aggressively competitive but not land in hot water.…

Part Two: Section one of The Sherman Act – Vertical restraints

Dealing with suppliers or customers….are there any concerns?

Can agreements with suppliers or customers, as opposed to those with competitors, ever run afoul of the Sherman Act? In this podcast, Jay Levine answers that question and provides a brief outline of the Sherman Act’s applicability to “vertical restraints.”…

Part One: Section one of The Sherman Act – Horizontal restraints

Dealing with competitors… do you know the rules?
If your company works collaboratively with competitors, such as exchanging information, agreeing on standards or engaging in a joint venture, you are subject to the parameters of the Sherman Act. In this podcast, Jay Levine provides an overview of the Sherman Act and the types of conduct that Section One of the Sherman Act covers – with a focus on the impact of agreements among competitors, otherwise known as “horizontal restraints.”…

Putting together a crisis plan

Antitrust cases, especially criminal ones, can bring pretty significant media coverage. Often, getting your message out quickly and in the right way can make all the difference. Colleen Marshall, Porter Wright senior attorney and co-anchor of NBC 4 Columbus’s evening news, joins Jay Levine for an in depth discussion on handling a crisis in the media.…

Basics of antitrust

In this podcast host Jay Levine of Porter Wright’s Washington D.C. office provides an overview of the antitrust laws. Jay covers the impact of what different types of conduct can have on a given market, both positively and negatively, as well as how to evaluate whether there are antitrust concerns.…

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