Antitrust law is usually understood as applying to companies and their products. The incentives for assuring competition among companies have not limited the function of antitrust law. Antitrust law has developed its application to beyond those players in the market. Now, lawyers and bar associations also have to watch out for antitrust regulation. The American Bar Association has been under pressure to lighten up several of its rules in order to allow multidisciplinary firms to evolve.[1]



The application of antitrust law to lawyers will be discussed in this article. Part I discusses if the definition of “trade” applies to professional services for the purpose of antitrust regulation. Is the discussion of regulation related to horizontal agreements or legislation? If it is legislation (for example, laws establishing bar associations), it is out of the scope of antitrust law. Part II brings the European and also an economic approach to this matter giving more light to the discussion of what are the consequences of the direct application of antitrust law to lawyers. Part III recommends that lawyers should not be exempt from antitrust regulation. The formation of collusion and price fixing exists among this profession as well as in other areas and should be regulated. However, the existence of an exam to evaluate the quality of lawyers is not an anticompetitive behavior limiting entrance on the market, but it is a correction of the market that should exist to inform prospective clients. Part IV provides concluding thoughts on the regulation of attorneys [More]

Someone might view the economic crisis times as the best period to broaden one’s business horizons and invest into a new market. The fast growing markets such as China, Brazil, India and to some extent Russia are waiting for new investors. Russia, having more than 140 million inhabitants, i.e. potential consumers, and abundant natural resources remains mostly neglected by investors in many business fields. For decades Russian market was viewed as not a place for those faint-of-heart. Now the growth of political stability and positive developments in legislation make the investment less risky and more attractive. Nevertheless, the still existing differences between local and internationally recognized legislative frameworks and court practices make investors wonder if there is any possibility to opt out of the Russian legal rules.
This article will explore the reasons behind Russian corporate norms that explain the inflexibility of current legislation and court practice and discuss views on future development of the corporate law system of the country. Part II introduces an overview of the policy issues behind the corporate law created specifically for Russia as a developing economy. Part III analyzes the legislation and its drawbacks, provides advice for investors who for various reasons want to opt out of Russian law. Part IV discusses the reasons for the government amending the corporate law, gives a forecast of future developments and provides a general conclusion. [More]

Jerseys, DVD box sets and posters are just a few of the ways the NCAA and its member institutions use college athletes to increase the value of their brand. This has always been the way the NCAA has operated, and very few college athletes raised this issue. However, within about the last 15 years games such as Electronic Arts’ NCAA Football franchise have imitated player likenesses to create one of the most successful games in the video game industry. Everyone is getting a share of the money, except those individuals who are being exploited: the college athlete. This article discusses the problem of publicity rights with college athletes as well as offers a possible solution. [More]

Astroturf lobbying organizations – lobbying organizations that use money to appear as if they have popular support – challenge citizens and law makers to find accurate information about policy issues. However, limiting a right as integral to our democracy as speech should never be done hastily. Additionally, past similar regulation failed to accomplish its goals and spurred the creation of 527 groups that negatively affected electoral politics. By learning from past regulatory failure we can better regulate Astroturf lobbying organizations. Requiring frequent and detailed financial disclosures from groups that have large bank accounts but small membership rolls leaves political speech undisturbed while giving people and politicians access to the information necessary to weigh the quality of the information offered and arguments made by these organizations. [More]

The sports business industry is one of the largest and fastest growing industries in the United States. In fact, the Sports Business Journal estimates the size of the sports business industry to be $213 billion in the United States alone. [1] Furthermore, sports business law is a dynamic field of law with new issues arising on an almost daily basis due to courts decisions, new legislation, and regulation. [2] One piece of new legislation, the Genetic Information Nondiscrimination Act (GINA), [3] will have a profound impact on employment decisions in professional sports. This article discusses the implications of GINA on professional sports: specifically, part II of the articles discusses GINA in detail, part III discusses GINA’s impact on professional sports, part IV discusses GINA’s economic impact on professional sports, and part V provides some concluding remarks. [More]

This article discusses certain judges’ reluctance in granting deficiency judgments on residential foreclosures. Particularly, the effects categorical refusals to grant such judgments are considered. Potential effects on the lending market and available residential loans are identified addressed. Ultimately, a lack of deficiency judgments may lead to fewer loan products being available to homeowners and/or an increase in interest rates on full-recourse loans. In addition, the need for further research in the area is highlighted, particularly as it relates to the current economic situation. [More]

The Lisbon Treaty is expected to be ratified by the end of 2009 and go into effect January 1, 2010. If the Treaty is ratified as expected, it is sure to affect the United States’ place on the global stage by strengthening Europe’s economic and political weight. The Obama administration is enthusiastic about this European integration effort, but many U.S. experts fear that a more unified EU could complicate efforts for European support in U.S. initiatives. This article discusses the current European Union government, how the EU government will change if the Treaty is ratified and the potential implications for the United States.

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For years the music industry commanded a virtual stranglehold on the dissemination of music to the consumer. The median which gave birth to the record industry, the gramophone record, was relatively difficult and expensive to duplicate. That stranglehold began to loosen as many consumer products that could record or copy audio recordings were introduced into the market. Following the landmark decision in the “Betamax case” the music industry became quite concerned about home recording undercutting their profits. The introduction of digital recording fueled these fears because digital copies, unlike their analog counterparts, do not from degradation. Eventually the Audio Home Recording Act (AHRA) was passed to address these fears and control this dissemination, while still protecting the privileges afforded under the “Betamax case.” However, recent technological advances have led the development of home recording methods beyond the Court decided scope of the AHRA. Coupled with the rise of the Internet these new methods represent a drastic change which creates a more hostile environment to consumers and the music industry alike. It is posited here that the scope of the AHRA should be reexamined in order to protect the competing interests of the music industry and the consumer alike. [More]

This article provides an overview of the main goals of President Obama’s plan for health care reform as well as the two proposed Senate bills, Senate Bill 1679 and 1796, and the House of Representatives bill that passed, House Bill 3962, as it relates to small business. Small businesses are facing the steep rising costs of health insurance premiums to add to their current burdens of dealing with the recession’s credit freeze and lower revenue generation with other high operating costs. This article provides analysis on the pros and cons of health care reform in relation to small businesses based on three aspects of the health care reform proposals. The first is the public option government run health care plan, second is the Exchange a government-regulated marketplace of insurance plans, and finally, tax credits for small businesses to offset the cost of buying health insurance for their employees. Finally, the article provides a brief review of the response from the insurance industry based on their reports highlighting the potential new costs of health care for small businesses if reform passes. [More]

“This is 99.8 THE BEAT, up next is the Top 9 at 9, where we play all of our top requests of the night.” Who knew that these “Top 9” artists/performers are not paid for their radio play? Unlike the copyright holders of the musical composition and lyrics of the song, who are paid every time the song is played, a parody is made, or a new artist performs that very song. However, the character/artist/image that has put this song into the limelight is not given a dime. There is new legislation in the Senate that will change the current situation; the Performance Right’s Act. The act has split the music community in two, with broadcasters on one side and artists on the other. Broadcasters claim that it is not fair for them to have to pay to play music on their stations because artists are receiving free promotion that record labels could not afford in the first place. While on the other hand, artists and the like, believe that they should receive equal credit and royalty compensation as other holders of copyrights to the same song they themselves have made popular. “Mr. Me Too” analyzes the arguments of both sides of the debate, while concluding with recommendations legislature should take into consideration when making such a drastic change to broadcast radio. [More]