Law Firm News

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Law Firm News

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Axinn, Veltrop & Harkrider, LLP

AV&H Wins Dismissal of Yeshiva University from Antitrust Conspiracy Class Action
AV&H recently secured an important victory for client Yeshiva University when Judge Paul L. Friedman of the D.C. District Court dismissed Yeshiva with prejudice from a purported class action lawsuit alleging that the medical community is conspiring to restrain competition in the market for medical residents in violation of Section 1 of the Sherman Act. According to the plaintiffs’ complaint, a conspiracy exists between organizations and associations that administer graduate medical education and the hospitals, medical schools and other organizations that offer or sponsor medical residency programs. The alleged purpose of this conspiracy is to fix, depress, standardize and stabilize resident physician compensation and other terms of employment. Yeshiva was accused of participating in the alleged conspiracy through its role as a sponsor of medical residency programs. As a sponsor, Yeshiva monitors residency program compliance with the requirements of the Accreditation Council for Graduate Medical Education (“ACGME”). Yeshiva, however, does not own or operate a hospital or employ medical residents. In its motion to dismiss, Yeshiva argued, among other things, that the plaintiffs failed to connect Yeshiva to the alleged conspiracy. Judge Friedman agreed. After carefully reviewing the complaint, Judge Friedman observed that the only allegations that could even arguably link Yeshiva to the alleged conspiracy were the allegations related to the ACGME standards themselves. Judge Friedman, however, properly refused to infer from those generalized allegations that a separate entity, whose only role was to monitor ACGME-accredited medical residencies on behalf of the ACGME, participated in the alleged conspiracy.

11-07-2006

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Axinn, Veltrop & Harkrider, LLP

AV&H Wins Newspaper Comics Case
On behalf of The Hartford Courant Company, AV&H successfully argued before the Connecticut Supreme Court that exclusive publishing arrangements are “presumptively lawful” under the antitrust laws -- an issue of first impression before the Court. A competing newspaper had claimed that the Hartford Courant’s exclusive publication of various Sunday comic strips was anticompetitive. Additionally, the case is a landmark decision setting the hurdles that a competitor must clear before obtaining pre-complaint discovery to support an antitrust complaint.

11-07-2006

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Axinn, Veltrop & Harkrider, LLP

AV&H Represents Sungard Data Systems Inc. in Acquisition of Availability Solutions Business of Comdisco Inc.
Lawyers from AV&H successfully defended the acquisition by its client Sungard Data Systems Inc. of the Availability Solutions business of Comdisco Inc., valued in excess of $800 million. The acquisition had been challenged by the Antitrust Division of the United States Department of Justice, which filed suit to enjoin the acquisition in U.S. District Court in Washington, D.C. AV&H successfully argued for an expedited trial on the merits and tried the case. The trial was completed just three weeks following the filing of the complaint, and Judge Ellen Segal Huvelle dismissed the government's complaint with prejudice. The victory by AV&H for SunGard was the first time in eight years that the Antitrust Division had lost a merger case in the District of Columbia.

11-07-2006

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Axinn, Veltrop & Harkrider, LLP

AV&H partners listed in New York Super Lawyers 2006
Steve Axinn and John Harkrider were listed in New York Super Lawyers 2006 Manhattan Edition. Steve Axinn also made The Top 100 list.

11-07-2006

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Axinn, Veltrop & Harkrider, LLP

Striking a Balance: Protecting Youth from Overexposure to Alcohol Ads
AV&H coauthored a report of the Center on Alcohol Marketing and Youth (CAMY) at Georgetown University showing that a new standard for the placement of alcohol ads could substantially reduce youth exposure to alcohol advertising and lead to overall lower advertising costs without reducing the advertising reaching legal adult drinkers, including the 21-to-34 year-old and 21-to-24 year-old demographic groups. Currently, the alcohol industry trade associations have standards directing their members not to place product ads where the underage audience is greater than 30 percent.

11-07-2006

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Axinn, Veltrop & Harkrider, LLP

Stephen Axinn Speaks at Milton Handler Annual Antitrust Review
Stephen Axinn recently joined the United States Assistant Attorney General for Antitrust, R. Hewitt Pate, the Federal Trade Commission Chairman, Timothy J. Muris, and Judge Frank H. Easterbrook of the Seventh Circuit Court of Appeals in delivering remarks at the prestigious Milton Handler Annual Antitrust Review sponsored by the Association of the Bar of the City of New York. The speakers' remarks were published in the Columbia Business Law Review.

11-07-2006

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Axinn, Veltrop & Harkrider, LLP

AV&H Represents TMP Worldwide in Federal Trade Commission Antitrust Review
AV&H represented TMP Worldwide, the owner of Monster.com, before the Federal Trade Commission in connection with the FTC's antitrust review of TMP's bid to acquire HotJobs.com. The transaction was abandoned by the parties due to a higher offer by a different buyer.

11-07-2006

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