Jay Eckhardt

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Jay Eckhardt is an associate in the Stoel Rives Technology and Intellectual Property Group. He has extensive experience in antitrust litigation, counseling, and trade regulation. Jay has assisted clients in the food and agriculture industry, in mergers before the Federal Trade Commission and Department of Justice, counseled clients and agricultural cooperatives on Capper-Volstead antitrust immunity, and assisted clients in various antitrust litigation matters.

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LEED Avoids Class Action, Energy Savings Claim Left Untested

There’s big news in the battle between consultants in the green building industry and the U.S. Green Building Council (“USGBC”). Following almost a year of litigation, it appears that the USGBC may have defeated a $100 million class action lawsuit brought by engineers and designers, according to a court order issued last week. The plaintiffs’ complaint filed … Continue Reading

April 21 Presentation: Changes Coming with New FTC Green Guides

Stoel Rives attorney Jay Eckhardt will give a presentation on April 21 addressing the proposed new FTC Green Guides.  The presentation will focus on new FTC guidance and interpretations concerning renewable energy claims and carbon offset claims, as well as claims concerning renewable materials, and the use of green seals and certifications.  Going beyond the Guides – the … Continue Reading

Environmental Leader: Best Practices for Renewable Energy, Carbon Offset Claims

The online newspaper Environmental Leader recently published a column by Stoel Rives’ Joseph Eckhardt, addressing rules in the FTC‘s proposed Green Guides that address green energy and carbon offset certification, entitled "New Green Guides Suggest Best Practices for Renewable Energy, Carbon Offset Claims."  The article explains:  "The FTC’s proposed, revised Guides for the Use of Environmental Marketing Claims . … Continue Reading

Plaintiffs Question “Carbon Negative” Water

The Fiji Water Company has attracted the attention of plaintiffs lawyers with its “carbon negative” bottled water.  The Newport Trial Group, a law firm representing California consumers, sued Fiji Water last month, arguing that Fiji’s carbon offset claims are deceptive and misleading.  The complaint against Fiji Water argues that the product is not necessarily carbon … Continue Reading

New FTC “Green Guides” Are Out of the Gate

Following several years of development, and much anticipation in recent months, the Federal Trade Commission has finally released “Proposed, Revised Green Guides.”  The new Green Guides will be open for public comment until December 10, 2010.  Thereafter, according to the agency’s press release, the FTC will determine if and how to issue the new Guides.  … Continue Reading

Mitsubishi Wind Turbine Antitrust Claims Put on Ice

A federal judge has stayed Mitsubishi’s antitrust monopolization claims against General Electric in an Order issued this week.  Opening a new front in the battle with General Electric over wind turbine technology, Mitsubishi tried to raise the stakes last May, claiming that General Electric’s patent infringement actions (proceeding in three other venues) were baseless, calculated … Continue Reading

Competition over Wind Turbine Technology Heats Up

The wind energy businesses at General Electric and Mitsubishi have come to blows over their competing wind turbine technology.  At the center of the dispute are the companies’ patent portfolios.  The New York Times reports that Mitsubishi opened up the battle on two new fronts on May 20, with an antitrust complaint filed in a … Continue Reading
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