This memornadum addresses two antitrust concerns that should be noted by emerging companies: Avoiding the creation of documents that might invite antitrust problems, and avoiding premerger coordination of commercial activities and uncontrolled exchange of compettitively sensitive information.
Mississippi Antitrust Disclosure Compliance Memorandum
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Multi-State
Control #:
US-TC0308
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FAQ
For example, if an attorney has both the plaintiff and defendant in a given case as clients, advocating on behalf of one will inherently be advocating against the interests of the other. Attorneys must take care to check for potential conflicts prior to accepting an individual as a client.
The Justice Department's case hinges on claims that Google illegally orchestrated its business dealings, so that it's the first search engine people see when they turn on their phones and web browsers. The government says Google's goal was to stomp out competition.
Rule 4(h) provides that if service is not made upon a defendant within 120 days after the filing of the complaint, the claims against that defendant will be dismissed without prejudice absent good cause for the failure to timely serve the defendant.
N.Y. Rule 4.2(a) is clear that a lawyer may not speak about the matter at issue directly with an individual who the lawyer knows is represented by counsel concerning that matter.
Antitrust laws were designed to protect and promote competition within all sectors of the economy. The Sherman Act, the Federal Trade Commission Act, and the Clayton Act are the three pivotal laws in the history of antitrust regulation.
A lawyer shall not: (a) A lawyer shall not practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or (b) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.