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Antitrust Risks for Trade Association Members

Event | 08.13.08, 12:00 AM UTC - 12:00 AM UTC

Best Practices to Avoid Anticompetitive Conduct Amid Increasing DOJ Scrutiny

"The members of a trade association, singly and as a group, are sitting on an antitrust powder keg," according to one former DOJ Antitrust Division chief.


Because a trade association necessarily involves communications and collaboration among competitors, its activities must be undertaken with extreme care to avoid even the appearance of an anticompetitive purpose or intent.


The recent consent decree between the DOJ and the National Association of Realtors reminds trade associations and their members that regulators have them in their sights. Further, plaintiffs' lawsuits often attempt to pin liability for the association's activities on the members themselves.


Listen and participate from your telephone as our authoritative panel of antitrust attorneys examines the antitrust pitfalls for associations and their members, and discusses the lessons learned from recent antitrust action against trade associations, and offers guidance to minimize risk of antitrust violations for the association and for the member.


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Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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