Injunctive Relief Under Federal Antitrust Laws

Injunctions may be sought to prevent a violation of federal antitrust laws from occurring or to halt an ongoing violation of the federal antitrust laws. Section 15 of the Clayton Act, 15 U.S.C.S. § 25, provides for injunctions sought by the government. The section gives U.S. District Courts jurisdiction to prevent and restrain violations of the Clayton Act and directs U.S. Attorneys, under the supervision of the Attorney General, to file actions seeking to prevent and restrain the violations. Section 16 of the Clayton Act, 15 U.S.C.S. § 26, authorizes "any person, firm, corporation, or association" to seek injunctive relief against threatened loss or damage by a violation of the antitrust laws.

Antitrust & Trade Law: Sherman Act

Agreements In Restraint of Trade

Insurance Law

(Variable Annuities)

Corporate Creditors

Generally, directors do not owe a fiduciary duty to a corporate creditor when that creditor has contracted exclusively with the corporation. However, a director may owe a fiduciary duty to a corporate creditor to protect the corporate assets when the corporation becomes insolvent.

Duty of Loyalty: Confidentiality

The duty of loyalty prohibits a director from using her corporate position to obtain a personal profit or to gain a personal advantage. A director is privy to information that may not be known to others outside the corporate sphere. As part of the duty of loyalty, a director cannot take advantage of corporate information for her own personal interests.