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Spring 2010, Volume 3, Number 2

MAR-10(2)
 |  Dec 21, 2015

In this issue: We’re taking a look at two pivotal cases. The Supreme Court’s American Needle case (involving the National Football League) could determine when a joint venture should be…

The Second Circuit’s Starr Decision: Why Twombly Demands More
 |  Mar 26, 2010

Aaron Panner, Mar 26, 2010 In Starr v. Sony BMG Music Entertainment,  plaintiffs alleged that Sony BMG, EMI, Universal Music Group, and Warner Music Group—which allegedly “control over 80 percent…

Starr v. SONY BMG Music Entertainment: The Second Circuit’s Misapplication of Twombly in a Section 1 Sherman Act Conspiracy Case Alleging Parallel Conduct
 |  Mar 26, 2010

Kenneth Logan, Jonathan Youngwood, Mar 26, 2010 On January 13, 2010, in Starr v. SONY BMG Music Entertainment, a panel of the United States Court of Appeals for the Second…

Starr v. SONY BMG: Conduct, Context, and the Presumption of Truth
 |  Mar 26, 2010

Gary Jacobson, Mar 26, 2010 In Starr v. Sony BMG,  the Second Circuit became the first court of appeals to vacate a district court’s judgment which had dismissed a federal…

When Does a Joint Venture Act as a Single Economic Entity?
 |  Mar 26, 2010

Gregory Werden, Mar 26, 2010 The “Sherman Act contains a ‘basic distinction between concerted and independent action.’”  The concerted action of several competing firms could be unlawful under Section 1…

Competing Single-Entity Tests in American Needle v. NFL and Their Implications for Sports Leagues and Other Joint Ventures
 |  Mar 26, 2010

Gregory Pelnar, Mar 26, 2010 American Needle v. National Football League has been variously dubbed the “most important case in sports history,” , “an opportunity to reshape sports law,”  “a…

Joint Ventures and the Sherman Act: The Problem Revealed by American Needle and How Best to Address It
 |  Mar 26, 2010

Thomas Brown, Katherine Robison, Ian Simmons, Mar 26, 2010 The transcript of the oral argument in this year’s most watched antitrust case, American Needle v. National Football League, captures a…

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