Author: Nick Riseman
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Oral arguments in Trendsettah v. Swisher III
March 14, 2025 Our co-founder, Mark Poe, presented an oral argument earlier this week before the Ninth Circuit Court of Appeals in Pasadena, California, in the long-running case of Trendsettah v. Swisher. Watch the video recording below and judge our appellate skills for yourself!
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Pepsi, Frito-Lay Accused of favoring chains with chip prices
February 18, 2025 PepsiCo and Frito-Lay are illegally favoring Walmart, Target, and other chain grocery stores by charging them much lower prices for snack chips than independently owned businesses… Read more
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Small businesses claim unfair snack pricing by frito-lay
February 19, 2025 Independent convenience stores sued Frito-Lay, alleging unfair pricing practices that favor large grocery chains, forcing smaller retailers to pay higher prices for the same product. Read more
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Convenience stores sue Pepsi and Frito-Lay, alleging price discrimination
February 18, 2025 PepsiCo and its Frito-Lay unit have been sued in U.S. court in California by convenience stores that claim they have been denied the same sales deals offered to major retailers such as Walmart and Albertsons, causing them to pay higher prices. Read more
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How a legal brawl over ‘male enhancement’ pills led to a RICO verdict against this LA firm
January 30, 2025 At the root of a bare-knuckled legal fight stands an almost ironically apt product: over-the-counter pills for, ahem, male sexual enhancement. But the issues raised in this San Diego federal court case go far beyond how dietary supplements with names like Rhino 12 Titanium and Libigrow XXXtreme are packaged and sold. Read…
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RANDOLPH GAW NAMED SENIOR FELLOW OF LITIGATION COUNSEL OF AMERICA
January 22, 2025 FOR IMMEDIATE RELEASE Gaw | Poe LLP announced today that founding partner RandolphGaw has been named a Senior Fellow of the Litigation Counsel of America (LCA). Mr. Gaw has been a business and antitrust litigator since graduating in 2002 from Stanford Law School. He has been a first or second-chair of at…
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In battle over booze pricing, is the FTC out of touch or retro-chic?
January 14, 2025 Need a bottle of wine to bring to a holiday party or some rum for spiking the eggnog? If you buy it at a mom-and-pop liquor store or corner market, the price is likely to be higher, maybe a lot higher, than what you’d pay at a big chain store. Read more
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Are the Critics Wrong? How the Robinson-Patman Act Has Been Misunderstood by Its Detractors
The Robinson-Patman Act (RPA) has a long, controversial history within U.S. antitrust law and economics. In this episode, Mark Poe, an attorney who specializes in RPA litigation, discusses the RPA with hosts Puja Patel and Aaron Yeater. Mark and the hosts explore Mark’s view that traditional critics of RPA are incorrect, which he first presented…
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The Elevator Pitch
The concept of the “elevator pitch” is familiar to anyone in the business world. The basic idea is to prepare as if one expects to share an elevator ride with an important decision-maker. During the duration of that imaginary ride (i.e., a minute or two), one would explain what they do and why it is…
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Justices Reject 5-Hour Energy’s Attack On Unfair Pricing Test
October 7, 2024 The U.S. Supreme Court rejected the maker of 5-Hour Energy’s petition to review a Ninth Circuit test for deciding whether companies are in competition with one another in price discrimination cases Monday, allowing the circuit court’s revival of a suit brought by wholesalers to stand. Read more