The Washington Post reports today that, under Chairman Christopher Cox, an ex-Congressman, the Securities and Exchange Commission collected a whopping $256 million in fines during 2008. 

The bad news?  The 2008 take represented 16 percent of the $1.59 billion the SEC brought in during 2005, at the start of Mr. Cox's reign.

The report summarizes

Blawgletter today proudly welcomes as guest blawger a fellow Texan — Gerald E. Hawxhurst

Jerry practiced law in New York and Los Angeles at Simpson Thacher and Quinn Emanuel before co-founding  Baker Marquart Crone & Hawxhurst LLP in LA.

A Texan by birth/stays a Texan/anywhere on earth.

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California Court of Appeal Holds that Home State “Permission To

A long-running antitrust class action produced a peace pact in 1999 for $164 million.  A claims administrator mailed checks to many class members but couldn't find others.  The district court ordered a cy pres remedy — payment of the remaining funds to an air quality monitoring project.

The sum of $4,638,283 remained on account for

The May issue of Barnett's Notes on Commercial Litigation will come out tomorrow.  We'll post a link in the morning.

In This Issue

1.  Antitrust Resurgent:  What to Expect.  Eight things.

2.  Did you know?  New federal laws expand civil remedies.

3.  Arbitration Gets Another Supreme Court Boost.  Now you can always appeal

LarryCableGuy 
Larry the Cable Guy.

In 2007, the Federal Communications Commission found that exclusive contracts between cable companies and owners of multiple-dwelling units (e.g., apartment complexes) cause significant harm to competition and consumers.  The FCC therefore banned exclusivity.

The D.C. Circuit today upheld the order.  Nat'l Cable & Telecomm. Ass'n v. Federal Comm. Comm'n

What can we expect from Second Circuit Judge Sonia Sotomayor if she clears the Senate confirmation gauntlet and ascends to the U.S. Supreme Court?

By "we", Blawgletter means you and me — mostly lawyers who handle commercial cases but with a smattering of the clients who love them.  Plus the occasional judge.

We won't find

Redskins Logo 
Plaintiffs alleged disparagement of Native Americans.

In 1994, seven Native Americans won an order that voided six "Redskins" trademarks.  The Trademark Trial and Appeal Board (a unit within the U.S. Patent and Trademark Office) ruled that the marks held up "a substantial segment of the population" to "public ridicule".

Pro Football, Inc., the owner of the

Carl Shapiro   
Carl Shapiro, on leave from Berkeley.

[T]ough economic times . . . are exactly the times when suppliers may be most likely to seek some relaxation of the antitrust laws and most tempted to collude.

[A] good argument can be made that suppliers will be especially tempted to collude when they are facing tough times and

The Federal Circuit today affirmed an order that denied an injunction against sale of generic antiulcer drugs.  Altana Pharma alleged that the generics would infringe an Altana patent.  The district court denied Altana's motion for a preliminary injunction, finding a "substantial question" of whether the generic makers' obviousness defense would succeed.  Because Altana didn't show that