This project was completed by Intensity. Intensity joined Secretariat on February 1, 2023.
Radio-frequency identification (RFID) technologies aid in the identification and recovery of companion animals, including dogs, cats, birds, horses, and other pets. One participant in the industry was accused of antitrust violations due to tying of pet RFID scanners to microchips by use of encryption. This participant was also accused of using the threat of patent litigation to foreclose another participant from entering the U.S. marketplace for implantable microchips.
Intensity performed an analysis of the effects on competition from actions alleged to violate antitrust laws. Intensity also evaluated the financial impact of the anticompetitive conduct in the marketplace to determine an appropriate measure of economic damages.
Our work involved an examination of the pertinent industries, an identification of the relevant antitrust markets, and an assessment of market power. Intensity analyzed anticompetitive conduct and its financial effects in relation to other factors influencing industry performance. Intensity evaluated product sales performance in relation to pricing, functionality, sales strategy, product distribution, industry standards, and network effects, among other factors.
Navigating ECCTA: A Guide for Organizations
Ben Boorer, writing for Enterprise Times, discusses the Economic Crime and Corporate Transparency Act (ECCTA), which comes into force on 1st September 2025. ECCTA will reshape the UK’s compliance landscape by, amongst other things, holding organisations accountable for fraud committed by employees, agents, and subsidiaries.
Google Damages Ruling Offers Lessons for Testifying Experts
In an article for Law360, Director Adam Rhoten explores the implications and significance of the recent en banc U.S. Court of Appeals for the Federal Circuit decision in EcoFactor Inc. v. Google LLC, a significant ruling that marks a shift toward stricter judicial scrutiny of expert testimony in patent cases.
Achieving Organic Growth for a Legal Nonprofit
In this article for Law 360, Secretariat Managing Directors and co-founders of Law Rocks Nick Child and Ted Scott reflect on their journey of founding the nonprofit, reflecting on the biggest challenges they faced, and how they balance this endeavor with their full-time careers.