July 2006

Antitrust and the "Single Entity" Doctrine

by Lee Gesmer on July 24, 2006

It is axiomatic that an entity cannot “conspire” with itself. For example, the Supreme Court has held that a parent corporation and its subsidiary are not capable of an illegal conspiracy under the Sherman Antitrust Act.

Of course, as is true with most legal principles, what looks simple at 30,000 feet altitude becomes more complicated the closer one gets to the ground, and the courts have struggled with the definition of a “single entity” in a variety of contexts.

Dean Williamson of the DOJ Antitrust Division has written an interesting and in-depth paper analyzing the law and economics of this issue. The paper, titled Organization, Control and the Single Entity Defense in Antitrust, is published here.… Read the full article

Supernova 2006: Connecting in Complex World

by Lee Gesmer on July 21, 2006

I usually find the Knowledge@Wharton reports and articles interesting. Here is a series of articles summarizing some of the topics discussed at their annual Supernova Conference, which was held in San Francisco in late June.

The topics include:

What’s the Future of Desktop Software — and How Will It Affect Your Privacy?

Kevin Lynch on Adobe‘s Plans for a New Generation of Software

The Rise of the ‘Videonet’

TantekRead the full article

The "Anonymous Lawyer" Industry

by Lee Gesmer on July 21, 2006

First the blog, then the web site, and finally the book. Jeremy Blachman has quite an operation!

Law firms, and especially large law firms, are very strange places. Combine driven, intelligent (mostly), eccentric people, big egos, big money, competition for partnership among associates and for share of income among partners, clients pressures, competition between firms, greed, …. I could go on. Having worked at three of these institutions (the-firm-formally-known-as Hale and Dorr, the-firm-formally-known-as-Howrey & Simon,and the firm still known as Choate, Hall & Stewart), I am not totally unfamiliar with them. Now, Jeremy Blachman, long-time author of the Anonymous Lawyer blog (which is very mordant and a bit humorous if taken in small bites), has written a soon-to-be released book, The Anonymous Lawyer.

In the manner of these things, the book is being promoted at an elaborate (and I do mean elaborate) web site which you can view by clicking here.… Read the full article

Things Just Ain't Like They Used To Be

by Lee Gesmer on July 20, 2006

When a popular blogger/law firm associate gets fired by her firm, in this case mega-firm Reed Smith, she doesn’t just go gentle into that good night, as so many thousands of associates have done before her. Or silently, for that matter. Denise Howell, author of the popular Bag and Baggage blog (and coiner of the term “blawg”), discusses her experiences, motherhood, and her opportunities here.… Read the full article