Law360.com Publishes Jason Hicks Article on Twombly Motion to Dismiss Standard

Law360.com published an article that I wrote about a recent divided Fourth Circuit decision on the pleading standard for a motion to dismiss an antitrust conspiracy.  In the article, I ask whether Twombly's "plausibility" standard is a type of Rorschach test that reveals a judges preconceived notions.  Is there an objective standard that can be consistently applied?  Or is "plausibility," like beauty, in the eye of the beholder.  Lastly I offer some practical advice for antitrust litigators when drafting a complaint or asserting/opposing a motion to dismiss.

Click here to read the Law360.com article.

Click here to read the blog post.

Jason Hicks, Amanda Norris Ames to Discuss Antitrust Risks in E-Commerce Pricing and Distribution

With online sales now commonplace, counsel for retailers, distributors and manufacturers must be aware of the increased state and federal scrutiny of e-commerce pricing and distribution practices and take steps to ensure their clients are in compliance with all relevant antitrust laws.

Womble Carlyle attorneys Jason Hicks and Amanda Norris Ames will participate in a Webinar discussion on Antitrust Risks in E-Commerce Pricing and Distribution. The event takes place from 1-2:30 p.m. on Tuesday, March 24^th.

The panel will review these and other key questions:

• What are the challenges for online sellers in distinguishing between advertised prices and selling prices?
• What is the e-commerce impact of the different state law approaches to the issue of whether minimum RPMs are illegal per se?
• What steps can companies take to minimize antitrust exposure stemming from Internet distribution?

Click here for more information or to register.

Jason Hicks, a partner in Womble Carlyle’s DC office, has experience litigating cases and counseling clients in a wide variety of matters involving contract disputes, business torts, federal and state antitrust laws, franchise laws, and unfair and deceptive trade practices.  In that regard, Hicks has represented clients in the manufacturing, defense, pharmaceutical, real estate and gaming industries.

Amanda Norris Ames focuses her practice on white collar criminal defense, antitrust law, complex civil litigation, and government investigations. Her experience includes litigating complex tax, bankruptcy, commercial and criminal matters at the federal level. Prior to entering private practice, Ames worked as a trial attorney in the Tax Division of the U.S. Department of Justice.

Minimizing Antitrust Risk in Mergers and Acquisitions

Check out this white paper on antitrust risks in merger and acquisitions.  The paper discusses the importance of preliminary and careful consideration of antitrust issues and compliance with agency requirements, regardless of the size of an acquisition.  Premerger notification requirements under the Hart-Scott-Rodino Act ("HSR Act") are important, but they are not the only antitrust consideration in M&A transactions.  The article, authored by Amanda Ames and Jason Hicks, summarizes the federal law applicable to mergers, describes the role and jurisdiction of the FTC and DOJ, explains the HSR premerger notification requirements and thresholds, offers considerations for non-reportable transactions, and discusses some of more interesting recent case studies.