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Article Archive
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2008
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Two Significant Issues
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Bad Decisions
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When a Market Withdrawal is Not a Market Withdrawal
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An Open Price Term Conundrum
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This Ain't Chicken Feathers
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Stretching the PMPA
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First Refusal Refused
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IRS UPDATE: New Rules on the Treatment of Marketer Image Cash
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Consigned to Oblivion
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Is the Temperature Compensation Controversy Full of Hot Air?
2007
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Is the Doctor Out?
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Digging Up The Email
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New Supplier Blues
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The Small Businessman and the New Supreme Court
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No Shelter Behind a Chinese Wall
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The Right to Attorney Fees Under the PMPA - Real or Illusory?
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What's in a Name?
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A Classy Class Action
2006
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Another Lesson From the Supreme Court
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The Visa/Mastercard Class Action Litigation-"A Clash of Commercial Titans"
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What's in a Name? A Lot, Says the Supreme Court
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Light at the End of the Tunnel- the Allapattah Litigation
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Release Me My Dealer, Let Me Go
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Employing Illegal Aliens Can Result in Loss of Station
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The Gold Standard
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Reasonableness and the Petroleum Marketing Practices Act
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The Law and Unintended Consequences
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Loss Leader Leads to Loss
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Year End Clean Up
2005
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The Jury Returns: For Dealers Against Shell
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The Right to Assign
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What Remedies Do Dealers Have For Supplier Overpricing?
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A Condemnation Quagmire
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"Loss of the Franchisor's Right to Grant Possession" Subterfuge
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Supreme Court Does Right by Hawaii
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Major Milestones in the Exxon Discount-For-Cash Case
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Games Oil Companies Play
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The Danger of Hidden Fees
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Latest Development in Open Price Litigation
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COUNSEL GENERAL'S WARNING:"Cigarettes May Be Harmful To Your (Financial) Health"
2004
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Constructive Chutzpah and Terminal Stupidity
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A New Remedy in Arbitration?
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Two Out of Three Ain't Bad
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Open Price Term Litigation at a Crossroads
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Shell-Texaco Joint Venture Meets the Ninth Circuit
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A Modest Proposal
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Why the FTC is Unlikely Ever to be Your Friend
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Open Price Term Litigation: Run Over at the Crossroads
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Allapatah Update
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Some Recent Dealer-Supplier Cases
2003
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Signing Renewal Agreements "Under Protest": Safeguard or Pitfall?
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New Developments in Below-Cost Pricing Law
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"New Federalism" and the FTC
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A Big Step in a Long Trip
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Oklahoma Unfair Sales Act Slams Sam's Club
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Gimme (Tax) Shelter
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When Laws Work and When They Don't
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Yes Virginia, There is Protection Against Termination
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A Step Backward
2002
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Recent Reports on Predatory Pricing and Price-Gouging
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Did the Majors Fix Prices Affecting Their Own Employees?
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Dealer Triumphs in the Sixth Circuit
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Back to the Bar Examination
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Some Progress in Fee-Shifting Dispute
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Judicial Inconsistency Resolved
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The Long Arm of the Law
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A New Era for Underground Storage Tank Release Investigations and Recoveries
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Dual Branding and Trademark Law
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A Bronx Cheer and a Hearty Cheer
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Recent Developments
2001
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Mega-Dealer Litigation
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PMPA News From Miami
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Scrap To Baggage - The Reach of Antitrust Law
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A Remarkable Development in a Remarkable Case
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Expert Testimony - Increasing Complexity in an Already Complex World
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Of Guam and Akparew
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The Appellate Courts Speak
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A Modest Proposal
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Judicial Inconsistency
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Further Developments in The Exxon "Discount For Cash" Program
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What Remedies Exist for Unfair Supplier Pricing?
2000
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1999 Judicial Hightlights
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Bringing Order Out of Chaos? The Franchisor Encroachment Cases
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Shell/Texaco Price-Fixing Case Passes First Hurdle
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The Dealer's Unfettered Right to Receive a Bona Fide Offer of Sale
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Below Cost - An Update
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Rebranding at the Courts
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A Potpourri of Recent Antitrust Developments
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Jobbers And the PMPA
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The Peril of Fee Shifting
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The Year in Review
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Seeking Relief from Fee Shifting
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Station Rents in the Aloha State
1999
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Of Mergers and Price Discrimination
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FTC Requires Modifications to BP/Amoco Merger
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Of Tanks, Assignments and Predatory Pricing
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Update on the Exxon/Mobil Merger
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Recent PMPA Developments- Are There Any?
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State Oil v. Kahn in Retrospect
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A Bird Comes Home To Roost
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Is the Shell/Texaco Joint Venture Nakes Price-Fixing?
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Shell Tanks in California
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Some False Trails in the 9th Circuit
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Zone Pricing Revisited
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