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19 Bus. Torts Litig. 1 (2011-2012)

handle is hein.aba/butuc0019 and id is 1 raw text is: / Business Torts Litigation FFROM THE -EL i-TN OF I. T ICATlN DUSINESS TORTh; LITIfGATK N COMM~ITTEE Fa 2l0 VoL 9No TABLE OF CONTENTS Articles * The Arbitration of Consumer Unfair Trade Practices Claims By Peter J. Boyer and Marah N. Samost Whether a consumer unfair trade practices claim is litigated or arbitrated can have a significant impact on the manner in which it is investigated and tried. Civil Relief for Foreign Corrupt Practices In'uries By Jeremy P. Evans and AndEr F Bth In certain narrow circumstances, section 337 of the Tariff Act of 1930 could offer a company an opportunity to obtain relief in regard to conduct that resulted in an FCPA violation. The Rise of Unfair and Deceptive Trade Practice Act Claims Because of their enhanced remedies and their often low standards of proof, unfair and deceptive trade practice acts have become a battleground in states that have them. Use of the FCPA in State-Law Unfair Competition Cases By Edward W. Little Jr. There are state and federal civil statutes under which a would-be plaintiff may use a competitor's violation of the FCPA as a predicate act for liability. When Business Torts Give Rise to Antitrust Liability By Kevin McCann and Alyse L Katz Where the tortious business conduct of a powerful rival causes harm as the result of a disruption of the competitive process, antitrust laws will impose severe sanctions. News & Developments * First Circuit: Noncompetition Period Begins with Merger The court focused on a strict, literal reading of the covenant rather than on the obvious intent of the parties. With Expired Period of Restraint, Relief Is Inappropriate The First Circuit held that when the period of restraint has expired, even when the delay is due to time consumed in appeals, the injured party is left to his damages remedy. © 2011 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Page 1 of 31

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