News

Our reputation as a national leader in the field of prosecuting class action, commercial litigation, and qui tam cases makes headlines and shapes precedent across the country.Major media outlets and industry publications regularly consult Berger Montague lawyers as knowledgeable and insightful sources to comment on regulation, legislation, precedent-setting cases, and industry developments.To learn about the most recent activities of the firm and its attorneys, read on. If you are a member of the news media seeking to develop a story concerning a legal subject or newsworthy case, please contact Katherine Nolen at (215) 875-3042 or knolen@bm.net.

The Superiority of Direct Proof of Monopoly Power and Anticompetitive Effects in Antitrust Cases Involving Delayed Entry of Generic Drugs

Branded prescription pharmaceutical manufacturers in recent years have gone to great lengths to delay the market entry of less expensive, but otherwise functionally identical, generic versions of their brand-name products, spawning multiple lawsuits against pharmaceutical companies challenging these efforts under the federal antitrust laws.

Antitrust, Class Certification, and the Politics of Procedure

This Article develops two arguments against a possible trend in federal appellate courts toward imposing a new, heightened standard for class certification in antitrust cases. Recent case law can be read to imply that trial judges may make findings of fact on the merits in deciding class certification, including about whether plaintiffs will be able to show with class-wide evidence that every class member was harmed by allegedly anticompetitive conduct.

ARTfully Discriminating

This casenote examines the Seventh Circuit decision in Hall v. Nalco, Co. which found that a woman cannot be terminated for absences related to infertility treatments.

Of Vulnerable Monopolists?: Questionable Innovation in the Standard for Class Certification in Antitrust Cases

Some courts appear to have begun to revise the standard for granting class certification, including in antitrust cases. The new standard, if there is one, may empower courts to find facts relevant to the merits in a way that historically they have not been permitted to do.

Piercing the Veil: Using Microfinance Initiatives to Promote Female Entrepreneurship in Muslim Countries

This paper argues that microfinance initiatives are an attractive aid mechanism to promote gender equality in Muslim countries because such initiatives both alleviate poverty and provide women with economic empowerment without violating Muslim customary banking laws.

Assessing Market Power in the Prescription Pharmaceutical Industry

Eric L. Cramer was a contributor to “Assessing Market Power in the Prescription Pharmaceutical Industry” in the ABA’s Pharmaceutical Industry Handbook (July 2009).

“Hacked,” A Case Study

“Hacked,” A Case Study, by Jon Lambiras appeared in the Computer Fraud Casebook: The Bytes that Byte

  • November 10, 2008
  • Technology, Privacy & Data Breach
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Inside Job: A Guide to Insider Trading

Insider trading is relatively easy to commit but extremely difficult to prove. This article is a primer for fraud examiners, which explains the problem, how to determine if a trade is illegal, and what can be done to detect and prevent this popular crime.

White Collar Crime: Why the Sentencing Disparity Despite Uniform Guidelines

This article discusses major sources of sentencing disparity affecting defendants of white-collar crimes in federal court despite the existence of uniform sentencing guidelines. The focus of the article is to answer one primary question: Why might a defendant convicted of white-collar crime in one court receive a materially different sentence than he or she would have received if convicted in another court?

The Merits Matter Most: Observations on a Changing Landscape under the Private Securities Litigation Reform Act of 1995

Statistics varying all over the lot have been presented in the debate over the value of securities class actions and whether they genuinely compensate victims. Some say settlements represent in most instances less than 10% of damages.

  • November 4, 1997
  • Securities & Investor Protection
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