by William Markham | Oct 10, 2012 | Business Litigation
It often happens that two parties to a contract will later disagree over the meaning of a particular term or phrase set forth in the contract, and that the term or phrase in question really can be construed to have more than one simple application. Where this occurs,...
by William Markham | Oct 4, 2012 | Business Litigation
3M, the company that makes post-its, yesterday abandoned its proposed merger with Avery, which is a large company that makes a variety of office supplies (this post was made on October 4, 2012). 3M did so after the United States Department of Justice objected to the...
by William Markham | Jun 12, 2012 | Business Litigation
It is now clear that the publishers and Apple intend to defend themselves by arguing that they did nothing wrongful at all, but on the contrary each publisher independently entered into an agreement with Apple without advance knowledge that the other major publishers...
by William Markham | Dec 17, 2010 | Business Litigation
By William Markham (© 2010) An objection to “foundation” can mean that the examiner has asked the witness to provide information before establishing any of the following: Relevance. The examiner has asked the witness to provide information without first establishing...
by William Markham | Dec 17, 2010 | Business Litigation
Defining the relevant market is a necessary predicate task in most antitrust cases. Challenged conduct cannot be said to restrain trade within a market, or to monopolize a market, until the market is defined. Arguably, the most important work of an antitrust...
