New (2012) advertising, competition, cartel, trade and class action law books from Oxford University Press:
The Class Action Playbook – Brian Anderson and Andrew Trask
From OUP:
“The Class Action Playbook is a unique and strategic “how to” guide for practitioners seeking to bring or defend a class action. Every important issue is addressed, including the initial shape of the proposed action, choice of forum, case-management schedules, pre-certification discovery and motions activity, briefing and argument of the class-certification motion, class notice, preparation for trial, class settlements, and the binding effects of class action judgments.
Experienced practitioners Brian Anderson and Andrew Trask analyze what decisions the plaintiff and defendant must make at each stage of a proposed class action, and the considerations that might drive different strategies at each stage. The authors explain the importance of every issue, the choices available to each side, and the factors each side should consider in choosing the best path to follow.
This Second Edition covers six relevant cases from the historic 2010 and 2011 Supreme Court terms; official commentary on class actions with citations to the new American Law Institute’s statement of the Principles of Aggregated Litigation, and where it upholds plaintiffs’ or defendants’ arguments; a discussion on emerging class action litigation tactics, including the use of arbitration clauses and the use of motions to strike class allegations; new appellate-court trends in class-action law, including developments in adequacy of representation, superiority, and use of experts at class certification.”
For more see: OUP: Class Action Playbook
The World Trade Organization – Mitsuo Matsushita, Thomas J. Shoenbaum, Petros C. Mavroidis & Michael Hahn
From OUP:
“The WTO is one of the most important intergovernmental organizations in the world, yet the way in which it functions as an organization and the scope of its authority and power are still poorly understood. This comprehensively revised new edition of the acclaimed work by an outstanding team of WTO law specialists provides a complete overview of the law and practice of the WTO.
The authors begin with the institutional law of the WTO (such as the sources of law and remedies of the dispute settlement system), then tackle the principal substantive obligations of the WTO regime (including tariffs, quotas, and MFN). They then move on to consider unfair trade, regional trading arrangements, and developing countries. In its final section the book deals with the consequences of globalization: firstly, where free trade is seen to be incompatible with environmental protection and, secondly, where WTO law confronts legal regimes governing issues of competition and intellectual property.”
For more see: OUP: The World Trade Organization
World Class Actions – Paul G. Karlsgodt
From OUP:
“Class action and other group litigation procedures are increasingly being adopted in jurisdictions throughout the world, as more countries deal with the realities of increased globalization and access to information. As a result, attorneys and their clients face the ever-expanding prospect of a class or group action outside their home jurisdictions.
World Class Actions: A Guide to Group and Representative Actions around the Globe is a guide for attorneys and their clients on the procedures available for class, group, and representative actions throughout the world. It helps lawyers navigate and develop strategies for litigation and risk management in the course of doing business abroad, or even in doing business locally in a way that impacts interests abroad.
Part I of the book provides a jurisdiction-by-jurisdiction survey of the class action, group, collective, derivative, and other representative action procedures available across the globe. Each chapter is written from a local perspective, by an attorney familiar with the laws, best practices, legal climate, and culture of the jurisdiction.
Part II provides guidance from the perspective of international attorneys practicing in foreign jurisdictions and the art of counseling and representing clients in international litigation. It also covers a variety of topics related to transnational, multi-jurisdictional, and class or collective actions that involve international issues and interests.
Each chapter offers practice tips and cultural insights helpful to an attorney or litigant facing a dispute in a particular part of the world. Many of the chapters introduce key books, treatises, articles, or other reference materials to foster further research. Its focus on international class and group litigation law from a practitioner’s perspective makes World Class Actions an essential guide for the lawyer or client.”
For more see: World Class Actions
Global Competition – David Gerber
From OUP:
“Global competition now shapes economies and societies in ways unimaginable only a few years ago, and competition (or ‘antitrust’) law is a key component of the legal framework for global competition. These laws are intended to protect competition from distortion and restraint, and on the national level they reflect the relationships between markets, their participants, and those affected by them. The current legal framework for the global economy is provided, however, by national laws and institutions. This means that those few governments that have sufficient ‘power’ to apply their laws to conduct outside their own territory provide the norms of global competition. This has long meant that the US (and, more recently, the EU) structure global competition, but China and other countries are increasingly using their economic and political leverage to apply their own competition laws to global markets. The result is increasing uncertainty, costs, and conflicts that burden global economic development.
This book examines competition law on the global level and reveals its often complex and little-understood dynamics. It focuses on the interactions between national and international legal regimes that are central to these dynamics and a key to understanding them.
Part I examines the evolution of the current global system, the factors that have shaped it, how it operates today, and recent efforts to alter that system-e.g., by including competition law in the WTO. Part II focuses on national competition law systems, revealing how national laws and experiences shape global competition law dynamics and how global factors, in turn, shape national laws and experiences. It examines the central roles of US and European law and experience, and it also pays close attention to countries such as China that are playing increasingly important roles in the global competition law arena. Part III analyzes current strategies for improving the legal framework for global competition and identifies the factors that may contribute to a system that more effectively supports global economic and political development. This analysis also suggests a pathway for moving toward that goal.”
For more see: Global Competition
Global Cartels Handbook – Samantha Mobley & Ross Denton (editors)
From OUP:
“In recent years cartel regulation has become a key priority for competition authorities around the globe resulting in a proliferation of immunity and leniency programmes. Competition authorities are constantly developing and revising their approaches to cartel regulation and introducing new mechanisms for businesses to report cartels, seek immunity and gain leniency. The need for businesses and their advisers to be able to identify and manage their global risk exposure is more pressing than ever before.
The Global Cartels Handbook addresses this pressing need by providing a comparative analysis of immunity and leniency programmes for legal practitioners and corporate counsel. It consists of a comparative introduction which identifies some of the key features of the main jurisdictions and provides some of the strategic pointers to the most appropriate forums in which to seek leniency. A quick reference guide gives a tabular country-by-country overview of the leniency programmes in place around the world. This is followed by a detailed point-by-point description of each leniency programme, with reference to all key case law throughout, under a set of headings which are templated across each country chapter. This template format allows for ease of reference and consistency of information and provides essential practical information for filing a leniency application.”
For more see: Global Cartels Handbook
Ambush Marketing and Brand Protection – Phillip Johnson
From OUP:
“Ambush marketing is any attempt to create an unauthorised or false association with an event thereby interfering with the legitimate contractual rights of the event’s official marketing partners. Looking at both traditional intellectual property rights (such as trade marks, copyright and designs) as they relate to sporting events, and event-specific legislation (such as that of the Olympics), this book gives comprehensive and detailed coverage of ambush marketing. Also considered are the areas of law which can be used to prevent ambush marketing by intrusion (such as laws to prevent fly postering, street trading, the placing of posters and billboards, and control of aerial space). With the United Kingdon hosting three major events; the Olympic and Paralympic Games in 2012; the Commonwealth Games in 2014; and the Rugby World Cup in 2015, this new edition provides a timely and topical update on the area. A materials section is included providing ‘ambush marketing’ specific legislation both in the UK and other countries.”
For more see: Ambush Marketing and Brand Protection
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I am a Toronto competition/antitrust lawyer and advertising/marketing lawyer who helps clients in Toronto, Canada and the US practically navigate Canada’s advertising and marketing laws and offers Canadian advertising/marketing law services in relation to print, online, new media, social media and e-mail marketing.
My Canadian advertising/marketing law services include advice in relation to: anti-spam legislation (CASL); Competition Bureau complaints; the general misleading advertising provisions of the federal Competition Act; Internet, new media and social media advertising and marketing; promotional contests (sweepstakes); and sales and promotions. I also provide advice relating to specific types of advertising issues, including performance claims, testimonials, disclaimers, drip pricing, astroturfing and native advertising.
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