Antitrust and Unfair Competition

Flagship Theaters v. Century Theaters, et al.
B&C is defending Century Theaters, Inc. and Cinemark USA, Inc. in an alleged antitrust lawsuit filed by a competitor movie theater in the Palm Springs area.  The lawsuit purports to challenge preferential distribution of first run motion pictures by co-defendants Universal Film Exchange and Sony Pictures Releasing to Century's The River 15 theater complex  in Rancho Mirage.  Century and Cinemark vigorously deny the allegations and assert that its conduct is lawful under the antitrust laws.  The case is pending in Los Angeles Superior Court.
 
Korea Supply Co. v. Lockheed Martin Corp., et al.  
B&C represented plaintiff Korea Supply Company in highly publicized litigation against Lockheed Martin.  Plaintiff represented one of two manufacturers designated by the Government of the Republic of Korea to bid on a radar contract.  Plaintiff alleged that its client, MacDonald Dettwiler, failed to win the contract, despite a lower bid and superior equipment, because Lockheed Martin, by and through its agent, engaged in bribery and sexual favors with Korean Government officials.  As a result, plaintiff alleged that it was denied a multimillion dollar commission.  B&C litigated the case up to the California Supreme Court and, among other things, successfully established the standard for bringing a claim for tortious interference with prospective economic advantage under California law.  Korea Supply Co. v. Lockheed Martin Corp., et al., 29 Cal. 4th 1134 (2003).  After seven years of litigation, including depositions around the world, and a three month trial in Los Angeles Superior Court, the parties settled the case.  The terms of the settlement are confidential. 
 
Health Temp v. Arizona Hospital And Healthcare Association, et al.
B&C represented an agency which is the largest provider of local temporary nurses to hospitals and other institutions within the State of Arizona.  Health Temp filed an antitrust lawsuit in federal court in Phoenix alleging that an association and its approximately 50 member hospitals entered into an agreement to unlawfully fix the hourly rates to be paid to temporary healthcare agencies.  After discovery was concluded, the case was settled on confidential terms. 
 
Natural Gas.
B&C prosecuted a California Cartwright Antitrust Act case on behalf of some large companies and governmental agencies, including the County of Los Angeles. The complaint alleged that two energy providers conspired to restrict the flow of natural gas into the State of California. The case settled on a confidential basis
 
Quake Global v. Orbcom Inc.   
B&C represent ed  Quake Global, Inc., a San Diego based designer and manufacturer of satellite modems in litigation , and arbitration involving antitrust and breach of contract claims against Orbcomm, a satellite communications services provider.  B&C recently concluded a successful renegotiation of Quake's contract with ORBCOMM, the owner of the satellite network.   
 
M-I, LLC v. Halliburton  Energy Services, Inc.
B&C is defending Halliburton Energy Services, Inc. in federal court. The plaintiff alleges that Halliburton violated antitrust and other laws when it obtained certain patents concerning oil drilling fluids and prosecuted a case for patent infringement.
 
Brill Media Company, LLC, et al. v. TCW Group, Inc., et al.
B&C is prosecuting an action for a number of companies that operated small newspapers and radio stations.  The complaint alleges that the lender for these stations breached various agreements and state laws by intimidating and driving  away companies that wanted to buy their assets.

Consortium Information Services, Inc., aka The Consortium Group v. Equifax, Inc., et al.
B&C is prosecuting an action for a reseller of credit reports against a credit reporting agency. The complaint alleges that the agency violated the California Cartwright Antitrust Act by terminating the reseller pursuant to a conspiracy with other high-priced resellers.

Nationwide Power Solutions, Inc. v. Eaton Electrical, Inc.
B&C is prosecuting a case on behalf of 12 independent service organizations who maintain and repair Powerware UPS (uninterruptible power source) equipment. The complaint alleges that the manufacturer of the equipment violated federal antitrust and other laws by  refusing to sell replacement parts and  requiring the use of diagnostic software that serves no purpose other than preventing customers from u utilizing  independent service.

Med Alert Ambulance, Inc.v. Atlantic Health System, Inc., et al.:
B & C is representing the plaintiff Med Alert Ambulance against Atlantic Health System, which owns several large hospitals in Northeastern New Jersey and a competing ambulance company. B & C filed suit in federal court in Newark, New Jersey alleging monopolization, monopoly leveraging and unlawful tie-ins and claims of tortitous interference arising out allegations that the hospitals owned by Atlantic Health Systems favored its own ambulance service over the competing Med Alert ambulance system by not providing a hospital bed to the referring hospital unless that hospital used Atlantic's ambulance service to accomplish the inter-hospital critical care transport. The court recently denied defendants' motion for summary judgment and the parties anticipate going to trial in the next few months. 
 
U.S. Information Systems, Inc., et al. v. International Brotherhood of Electrical Workers Local Union Number 3, et al.
B&C represents several plaintiffs in the Southern District of New York in an antitrust suit against Local 3 of the International Brotherhood of Electrical Workers and several major high voltage electrical contractors.  The complaint alleges that the defendants conspired to exclude contractors who specialize in the installation of low voltage cable and fiber for telephone, data and video service, and who employ members of the Communications Workers of America (“CWA”), from major construction jobs in New York City .