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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Misappropriation Versus the Copyright Act: Round 2 in the Fifth Circuit

A few months ago, Trade Secrets Watch covered the GlobeRanger Corp. case in which the Fifth Circuit joined 10 other circuits in determining that the Copyright Act does not preempt state trade secret misappropriation claims....more

Two States Buck FAA Preemption, While Alabama Stays the Course

Three state supreme courts tackled arbitration law in recent weeks: Alabama, North Carolina, and Rhode Island. Rhode Island reversed a construction arbitration award because it disagreed with the arbitrator’s analysis. ...more

Financial Services Quarterly Report - First Quarter 2016: Northstar Decision on Remand: U.S. District Court Holds SLUSA Precludes...

by Dechert LLP on

In a complete victory for Defendants, on February 23, 2016, a federal district court dismissed with prejudice the final remaining claims in Northstar Financial Advisors, Inc. v. Schwab Investments et. al., which had been...more

Nevada’s Business Judgment Rule: FDIC – 4; Management – 0

by Allen Matkins on

In recent weeks, the U.S. District Court has issued four separate rulings in cases brought by the Federal Deposit Insurance Corporation (FDIC) against former bank managers for breach of fiduciary duty. Here is a brief recap...more

Internal Affairs Doctrine May Not Control Alter Ego Liability

by Allen Matkins on

The internal affairs doctrine “is a conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation’s internal affairs — matters peculiar to the relationships among or...more

Does the Business Judgment Rule Really Exist in Georgia?

by Baker Donelson on

On April 21, 2014, the Georgia Supreme Court heard oral arguments in the case of FDIC v. Loudermilk to determine whether the Business Judgment Rule really exists in Georgia. Claiming contrary decisions on the Business...more

Sorting Laundry: California Court Reaffirms Scope Of Uniform Trade Secrets Act

Angelica Textile Services, Inc. v. Park, No. D062405 (October 15, 2013): A California Court of Appeal recently held that claims of breach of contract, breach of fiduciary duty, and unfair competition are not “displaced” or...more

Ninth Circuit Remands “Say-on-Pay” Cases Back to State Court for Lack of Jurisdiction

The US Court of Appeals for the Ninth Circuit affirmed the lower court’s decision to remand to state court two “say-on-pay” cases, finding no questions of federal law had been raised. In the shareholder derivative actions,...more

Does The Alabama Trade Secrets Act Limit Remedies For Theft Of Information?

by Burr & Forman on

Alabama enacted the Alabama Trade Secrets Act (the “ATSA”) in 1987. However, since that time, there have been relatively few reported court decisions analyzing the impact of the ATSA on common law claims. A federal district...more

Conflicts of Interest -- What are they, and must they all be disclosed?

by JAMS on

The FAA sets the rule that an arbitration award may be vacated “where there was evident partiality or corruption in the arbitrators.” 9 U.S.C. Sec. 10(a) (2). We know from Commonwealth Coatings Corp. v. Continental Cas. Co.,...more

Paris International Litigation Bulletin no. 2

by Christelle Coslin on

RECENT DEVELOPMENTS French legislative and regulatory developments Page 4 French proceedings Page 6 European and international law Page 7 FEATURES The so-called inefficiency of the French legal system: Myth or reality...more

Does the Use of Foreign Call Centers Violate Privacy and Consumer Protection Laws?

by Richik Sarkar on

Many companies rely on foreign call centers to help with customer service or other business needs. Now, Plaintiffs in a federal lawsuit allege that the use of such centers violates customers’ privacy and puts personal...more

United Pacific Energy Operations and Consulting vs. Gas and Oil Technologies, etc., et al

Trial BriefCalifornia

by Richard Farkas on

In March of 2011, after a trial in the Kern County, California Superior Court, my clients, a publicly-traded Canadian exploration company, two of its principals and a California subsidiary, were awarded monetary damages in...more

Enforcing Foreign Injunctions

by Jonathon Baker on

Enforcing foreign injunctions in Ontario....more

An 'Unconventional Truth': Conflict of Laws Issues Arising Under the CISG

by Antonin Pribetic on

This article discusses the applicability of the CISG from a Canadian conflict of laws perspective - both in terms of jurisdiction and choice of law. The analysis is framed by providing an outline of the key jurisdictional and...more

California's Uniform Trade Secrets Act Preempts State Common Law Claims

by Fenwick & West LLP on

The California Court of Appeal for the Sixth Appellate District recently issued an important decision confirming the preemptive effect of California’s Uniform Trade Secrets Act (“CUTSA”) on common law claims. In K.C....more

Case Alert: Misappropriation of Trade Secrets - Preemption of Alternative Civil Remedies

K.C. Multimedia v. Bank of America Technology (Cal.App. 2009) 2009 DJ DAR 3150 K.C. developed two prototype banking applications derived from source code which it considered a trade secret. By the time the case was ready...more

Bringing Locus Into Focus: A Choice-of-Law Methodology for CISG-based Concurrent Contract and Product Liability Claims

by Antonin Pribetic on

The article discusses choice-of-law theories for both contractual and tort/product liability claims governed by the CISG. The underlying theme is that concurrent claims are not necessarily equivalent claims. While concurrent...more

Maryland Casualty Co. v. W.R. Grace & Co. -- Conn.

Memorandum of Law of W.R. Grace & Co. -- Conn. in Support of its Motion for Relief From the Court's Earlier Ruling on Choice of...New York

by Ronald Coleman on

A brief submitted in a complex toxic tort insurance coverage case urging the court to employ its discretion and decline to rely on the law of the case doctrine and to revisit an earlier ruling as to choice of law in light of...more

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