Two Wilmington technology companies are facing a class-action lawsuit for allegedly violating federal antitrust laws. The complaint accuses the two companies of stifling competition by restricting employee mobility and maintaining low wages. In addition, the plaintiffs say the defendants have entered into a “no hire” agreement that prevents them from hiring employees from other companies. This has resulted in the loss of some of Wilmington’s best and brightest tech talent. While the plaintiffs’ claims are far-fetched, they have merit.
The two companies sued are Altan and Syngenta Seeds LLC.
Both companies claim that the NDEE has overstepped its statutory authority and that the government’s investigation into the matter has revealed widespread contamination of the state’s waterways. The suit is against both Altan and Syngenta and names Altan’s president, Tanner Shaw, and its general manager Scott Tingelhoff, as defendants. The lawsuit alleges that the company failed to adequately protect consumers by failing to comply with regulations and to provide information to them.
The lawsuits have been filed in three separate cases. The first, filed in New York on March 28, 2018, named the companies in question, while the other named the companies as defendants. Both were approved by the state after protests. The other, filed in the Southern District of Nebraska on August 20, 2021, was against the defendants. These suits are similar to the Altan litigation, and the defendants are the same. It’s not clear whether the new companies’ plans will be implemented.
The lawsuit against Altan was followed by a similar one filed by Syngenta Seeds LLC.
The lawsuit named both companies as defendants, including Altan and its president Tanner Shaw. In this case, the plaintiffs claim that the NDEE violated the federal Antitrust Act by requiring the PTAB to “speculate” on the course of parallel district court proceedings. In addition, they argue that the NDEE’s oversight of the company’s practices has harmed investors.
The Altan lawsuit claims that the NDEE failed to follow its own rules. The lawsuit also claims that the NDEE has acted improperly by using no-hire agreements in the case. The NDEE is overseeing the cleanup. This case has cost millions of dollars and has not been settled. However, another similar lawsuit has been filed against the same defendants. The plaintiffs argued that the NDEE’s action violated Section 706(2) of the statute.
The lawsuit against AltEn LLC cites three causes of action under 5 U.S.C. SS 706 as codifying the scope of judicial review of agency actions. The PTAB’s methodology violates Section 706(2)(A) by requiring it to speculate on the course of parallel district court proceedings. In addition, the PTAB is required to rely on vague and malleable factors when deciding on the case.
The lawsuits filed against the U.S. Patent and Trademark Office claim that the patent office has violated the law by allowing administrative judges to deny more IPRs.
The companies’ claim that this policy violates federal law and the PTAB’s methodology is a judicial error. The PTAB’s decision against Altan is wrong. The NDEE has determined that the company’s actions constituted a monopoly.
The plaintiffs’ lawsuit against Aperture and Live Oak Bank also alleges that the no-hire agreement violates 5 U.S.C. SS 706, which codifies judicial review of agency actions. As a result, the PTAB’s methodology requires it to speculate on the course of parallel district court proceedings, and this conduct is a violation of Section 706(2)(A). Furthermore, the statute provides no room for the Director to deny IPRs based on parallel infringement litigation.
The lawsuit filed against Altan and its joint venture Aperture also includes six other companies that have faced the same problem.
The former company, Altan, abandoned the site and did not help the cleanup effort, and the subsequent settlements that were made were not adequate. In this case, the plaintiffs seek to enjoin these agreements and the related processes. They contend that the no-hire agreement stifles competition and causes harm to the environment.
The companies’ lawyers argue that Ackman’s SPAC’s IPO violates the law by making it illegal to buy shares of SPACs. The plaintiffs’ attorneys are also arguing that SPACs are investment companies and, therefore, violating the Sherman Act. Ackman and other investors are challenging the plaintiffs’ claims. They are claiming that the SPACs were manipulated and fabricated. This is an unfounded lawsuit.