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Erick Sandler was quoted in an article, "What's At Stake In The AmEx Merchant Rules Case," published in Law360. The article discusses the importance of a recent decision by the U.S. Supreme Court to take up a case over American Express Co.'s policy of prohibiting merchants from steering customers to other credit cards. In granting a petition from a group of 11 states alleging that anti-steering provisions in AmEx's merchant agreements are anti-competitive, the high court will now have an opportunity to provide clarity on the rule-of-reason. "Both sides in the case seem to recognize that the Supreme Court usually grants cert in antitrust cases to decide which mode of analysis to apply, whether it be per se, quick look, or rule-of-reason," Sandler told Law360. "Here all of the parties seem to agree that rule-of-reason analysis should be applied, and the issue is how to apply that analysis." Sandler further noted that while the states used the lack of clarity on the issue as an argument in favor of the Supreme Court taking the case, AmEx argued that this was a reason not to. "Interestingly, the states argued that the court needed to provide guidance on the contours of the rule-of-reason standard in light of that, where American Express argued that the issue should be allowed to percolate in the lower courts before the Supreme Court takes it," Sandler told Law360. In conclusion, Sandler said, "I would expect any decision is likely to be an important one and to provide guidance in an area where there is not well developed guidance at this point. But with this court, and with antitrust cases generally, it's likely that the ultimate decision turns on facts and circumstances that are unique to the credit card industry."
On March 7, Chief Justice Rogers (ret.) will be speaking at the "Appellate Practice: What Not to Do, Lessons from the Bench and Bar," webinar sponsored by the Young Lawyers Section of the Connecticut Bar Association.
Judge Christopher F. Droney (ret.) and Matthew Austin authored the article, "2022 Brings New Priorities in Civil and Criminal Enforcement for U.S. Justice Department," for the Expert Opinion column of the Connecticut Law Tribune.
Judge Christopher F. Droney (ret.) authored the article, "Preparation is Key: A Successful Moot Session is Vital for Appellate Arguments," for the "Best Practices" column of the Connecticut Law Tribune.
Judge Christopher Droney (ret.) authored the article, "Tips for Effective Appellate Arguments," for the "Expert Opinion" column of the Connecticut Law Tribune.
Day Pitney Alert
Christopher F. Droney was interviewed by Kara Sundlin of WFSB 3 CBS Connecticut regarding the draft opinion leak in Roe v. Wade at the Supreme Court.
On April 8, the firm obtained an appellate victory on behalf of The Hartford.
Day Pitney Partners William J. Roberts and Christopher F. Droney were both selected as recipients of the Distinguished Leaders Award in the 2022 Connecticut Legal Awards, sponsored by the Connecticut Law Tribune.
Judge Christopher F. Droney (ret.) and Matthew Austin's Connecticut Law Tribune Expert Opinion column, "2022 Brings New Priorities in Civil and Criminal Enforcement for U.S. Justice Department," was quoted in a feature article by the same publication, titled, "Big Changes Coming with Biden Administration's M&A Review."
Elizabeth Sher, partner and General Counsel for Day Pitney, was quoted in the New Jersey Law Journal's article titled, "All Eyes on Philip Sellinger: Observers Watch New US Attorney for Clues About Priorities."
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