Fagelbaum & Heller LLP

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An Introduction to the Securities Exchange Act of 1934
In response to the stock market crash of 1929, Congress enacted the Securities Act of 1933 and the Securities Exchange Act of 1934. While the Securities Act governed the issuance of securities, the Securities Exchange Act regulated trading in the securities. More...
Anti-Competitive Discrimination By Sellers Under the Clayton Act
The federal Clayton Act contains prohibitions against various specific anti-competitive practices and is designed to supplement the broad prohibitions of the Sherman Act against anti-competitive agreements and monopolization. Section 2 of the Clayton Act, 15 U.S.C.S. § 13, as amended by the Robinson-Patman Act, specifically prohibits discrimination in the price of commodities or in commissions, allowances, services, or facilities if such discrimination is anti-competitive. More...
Public Comment and Judicial Review Regarding Government Antitrust Settlements
Under Section 5(a) of the Clayton Act, 15 U.S.C.S. § 16(a), a final judgment in a successful federal government antitrust enforcement action is prima facie evidence in a subsequent private action for treble damages of the defendant's antitrust violation. However, a consent decree agreed to by a defendant in a federal government action before any testimony is taken is not considered prima facie evidence in a subsequent private action. More...
Breakpoints in Mutual Fund Charges
Mutual funds may offer "breakpoints" in their front-end sales load. Thus, a fund that charges a fee of five percent for investments up to $25,000 may charge only four percent for investments from $25,000 to $50,000 and three percent for investments over $50,000. The fund has breakpoints at $25,000 and $50,000. More...

Areas of Practice

  • Complex Business Litigation
  • Antitrust and Trade Regulation
  • Arbitration and Alternative Dispute Resolution procedures
  • Business Law
  • Civil Trial and Appellate Practice
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