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GLG News by Class Action Experts: Lawyers (US)

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November 7, 2008
Is unionization banking's biggest risk in '09?
Analysis of: Labor Wants Obama to Take on Big Fight | online.wsj.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
President-elect owes Big Labor a bone for its enormous support in getting him elected and Labor wants enactment of the Employee Free Choice Act more than any other political favor.  The odds would seem to favor Labor, but in turn would spell disaster for the business community.  For the first...
November 6, 2008
New Administration's Hobson's choice on bank-merchant dispute over card interchange fees.
Analysis of: Small-Business Owners Lobby to Cut Credit Card Fees | www.nytimes.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
Public anger against banks, coupled with merchant anger against bankcard issuers, will force the Obama Administration and Congress to consider legislation to resolve the merchand-card industry impasse on how, if at all, interchange fees should be calculated.  While policy makers on the one...
October 29, 2008
What the bankcard Discover settlement means to merchant interchange lawsuit
Analysis of: Morgan Stanley, Discover Fight Over Visa, MasterCard Proceeds | online.wsj.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
Visa & MasterCard's $2.75B settlement of the antitrust suit against them by Discover should have relevance to the interchange lawsuit against them by their merchants.  It suggests either great vulnerability to the merchants or a strategic act by the networks to remove Discover as a distraction. ...
October 16, 2008
Nationalization of banking might save bankcard interchange pricing
Analysis of: Bail-outs test EU rules on state aid | www.ft.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
The article underlines the extent to which governments will go to retrun banks to profitability.  Accordingly, EU policy makers will not enforce  state aid laws that would otherwise prohibit capital infusions into local banks by state regulators and will favorably consider less aggressive...
September 12, 2008
ARS class actions have no class
Analysis of: ARS collapse giving rise to class-action lawsuits | www.financialweek.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
It should be no surprise that the subprime/ARS collapse has generated waves of class action lawsuits by shareholders.  And that they appear to have merit.  But that doesn't mean courts will give the plaintiffs the WMD of a class action status.  Ten years ago that would have been...
September 10, 2008
DoJ brief in telecommunications case might help bankcard interchange defense
Analysis of: DoJ brief in telecommunications case might undermine merchant claims against bankcard industry | www.usdoj.gov
Author: Duncan MacDonald, Consultant, Duncan McDonald
The DoJ amicus brief to the Supreme Court in a telecommunications case hints at a more relaxed view about the applicability of antitrust law to pricing decisions by regulated companies.  A key accusation in the bankcard interchange cases is that competing regulated banks on Visa...
September 10, 2008
Will the new DoJ antitrust guidelines tip the scales to favor Visa & MasterCard?
Analysis of: DoJ's new antitrust guidelines meaning for bankcard industry | www.usdoj.gov
Author: Duncan MacDonald, Consultant, Duncan McDonald
The new DoJ antitrust guidelines significantly water down monopoly, per se liability, competition and tie-in standards that have propelled government enforcement and private lawsuits by retailers in recent years against Visa, MasterCard and their issuers.  Undoubtedly, the defendants will point...
June 23, 2008
Will the card industry's survival of tight interchange fee caps in Australia similarly doom the fee in the US and EU?
Analysis of: Australia shrugs off RBA intervention | www.laffertycardsinsider.com
Author: Duncan MacDonald, Consultant, Duncan McDonald
The Lafferty study indicates that forced reductions of bankcard interchange fees in Australia have not significantly harmed issuer or network profits.  This is the exact opposite of what industry representatives had predicted.  If Lafferty is on target, interchange pricing...
March 14, 2008
The Financial Responsibility Rests with The Manufacturer
Analysis of: Heparin and other outsourced pharmaceuticals | online.wsj.com
Author: GLG Expert Contributor
The financial responsibity will lie with Baxter, not the FDA.  Perhaps moral or political responsibility (and fall out) will rest with the FDA, but that is of no help to those harmed by the Heparin.  Their only recourse is to sue the manufacturer.
March 14, 2008
The FDA has become a tool of politics rather than public safety
Analysis of: Court Allows Suit Against Drug Maker | www.nytimes.com
Author: GLG Expert Contributor
Under the current administration, the FDA has tried to use drug approval as a shield.  In some cases, the current court has held warning approval to bar lawsuits.  However, this can be remedied by Congress explicitly clarifying that the FDA approval of a drug does not preempt state law....

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