The Fall 2010 issue of Competition, the journal of the Antitrust and Unfair Competition Law Section of the State Bar of California, is now out, and it has a number of articles of interest to practitioners in our field:
"Outsourcing Justice: The California Supreme Court's Decision in County of Santa Clara v. Superior Court (Atlantic Richfield)," by William L. Stern and Nicholas A. Roethlisberger
"The Collaboration Between Public Entities and Private Counsel: Prosecuting Cases that Otherwise Might Not Be Brought," by Bruce L. Simon and William J. Newsom
"The Revitalization of a Valuable Cause of Action for Competitors: Clayworth v. Pfizer's Implications for UCL Standing in Competitor Lawsuits," by Matthew K. Wegner
"The Restitutionary Claim Requirement for Standing Under the UCL: Does Clayworth v. Pfizer End the Debate?" by Daniel K. Slaughter
"The Rise of the 'Private Surgeon General,'" by William L. Stern and Janelle J. Sahouria
Will Stern is great at coining new terms. He is responsible for the term "non-class class," used to describe pre-Prop. 64 UCL representative actions. In his article in Competition, he coins the phrase "private surgeon general action" to describe certain types of false advertising cases against manufacturers of processed foods, herbal supplements, and other household consumables. The focus of his article is the defense of such actions.