Plaintiffs, Newmarket Corporation, and defendants, Innospec, Inc., both produce and sell competing chemical fuel additives designed to enhance the performance of gasoline. Plaintiffs claimed that defendants bribed Iraqi and Indonesian government officials to help defendants achieve, maintain and exploit their monopoly of these fuel additives.

Plaintiffs filed a motion to amend their complaint, claiming that…

Co-authored by Jonathan Rotenberg

A district court granted defendants’ motion to dismiss plaintiffs’ claim for securities fraud on the ground that the complaint failed to plead fraud with particularity, as required by the Private Securities Litigation Reform Act of 1995 (PSLRA).

In September 2009, individual defendants allegedly represented to plaintiff Dupont, then president and chief…

Co-authored by Jonathan Rotenberg

Plaintiff, a major direct broadcast satellite (DBS) television provider and holder of seven registered trademarks and service marks incorporating the word “DISH,” brought an action against defendants alleging that defendant Dish 1 Up, a retailer of another major DBS provider, operates call centers using a “confusingly similar phone number” to plaintiff’s…

Co-authored by Jonathan Rotenberg

Investors filed a complaint in the U.S. District Court for the District of Arizona against the former president and CEO of a corporation that no longer had any assets, his wife, and the company’s former securities counsel. Defendants filed answers that included an affirmative defense of improper venue premised on the…

Co-authored by Jonathan Rotenberg

Plaintiffs brought claims against defendant, a satellite digital audio radio service provider (SDARS), alleging that the 2008 merger of defendant’s predecessors created a monopoly in the surviving company and violated federal antitrust laws and various state consumer protection laws, among other things.

The complaint alleges that defendant now controls 100% of…

Co-authored by Brian Schmidt

The U.S. District Court for the Southern District of Florida dismissed a civil Racketeer Influenced and Corrupt Organizations Act complaint based on a series of investments made with a group of India-based companies.

Plaintiffs made 35 investments with two corporations related to the defendants between May 2007 and March 2009. According…

Co-authored by Brian Schmidt

The U.S. District Court for the District of Massachusetts granted a motion to dismiss in a breach of contract and promissory estoppel case, ruling that plaintiff failed to plead the requisite justification for piercing the corporate veil of the defendants.

Plaintiff, TechTarget Inc., provided advertising services pursuant to a contract with…

Co-authored by Jonathan Rotenberg

The U.S. District Court for the Southern District of New York granted in part and denied in part copyright infringement claims brought by plaintiff, a professional photographer, against a publisher of textbooks and other related educational materials, alleging that defendant exceeded its licenses to use plaintiff’s photographs in its publications.

Defendant…