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German Court orders WhatsApp to provide consumers in Germany with T&Cs in German language

In a press release dated 17 May 2016, the Federation of German Consumer Organizations (Verbraucherzentrale Bundesverband – vzbv) announced that on 8 April 2016, the Court of Appeal Berlin (Kammergericht Berlin; “Court”)...more

Bring Out the Body Bags: Seller’s Covenant, In Asset Sales Agreement, Not To Compete Within 150 Miles For 10 Years Unenforceable

Palmetto bought the assets of Knight Systems’ mortuary transport business. The agreement of purchase and sale included (a) Palmetto’s commitment to buy body bags, at specified discounted prices, exclusively from Knight...more

FTC Blocks Staples’ Acquisition of Office Depot

After more than a year-long battle with the Federal Trade Commission (FTC), the proposed acquisition of Office Depot, Inc. (ODP) by Staples, Inc. (SPLS) was blocked by the Honorable Emmet G. Sullivan of the U.S. District...more

Ninth Circuit Bankruptcy Appellate Panel Holds that an Oversecured Creditor Is Entitled to Default Interest After the Petition...

In Wells Fargo Bank, N.A. v. Beltway One Dev. Grp., LLC (In re Beltway One Dev. Grp., LLC), 547 B.R. 819 (B.A.P. 9th Cir. 2016), the Ninth Circuit Bankruptcy Appellate Panel recently held that an oversecured creditor is...more

Obama Signs Law Giving Trade Secrets Federal Protection

A company’s confidential trade secrets are their most coveted assets and give a company a competitive edge over its competitors. Such trade secrets may include product specifications and formulas, recipes, computer...more

New York Enforcement Update

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

Employee Non-compete Bill Advancing in Legislature

Legislation limiting employee non-compete agreements in Massachusetts advanced on Monday in the Joint Committee on Labor and Workforce Development. Co-chaired by Rep. John Scibak and Sen. Dan Wolf, the Committee approved a...more

Pssst, The Secret Is Knowing What You Can’t Do With The Defend Trade Secrets Act

The Defend Trade Secrets Act (“DTSA”) became law with President Obama’s signature on May 11, 2016. The DTSA is an amendment to the Economic Espionage Act of 1996 and, for the first time, affords a federal private right of...more

NY DFS Obtains $3 Million in Restitution for Illegal Payday Lending

On May 18, the New York State Department of Financial Services (DFS) announced a consent order with a debt buyer for purchasing and collecting on allegedly illegal payday loans made to New York consumers, in violation of the...more

Take Notice (And Give Notice!): The “Defend Trade Secrets Act of 2016” (DTSA) Requires Immediate Employer Action

On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016, creating the first federal civil cause of action for misappropriation of trade secrets. One provision of the DTSA requires immediate action by...more

NY DFS Obtains $119K in Restitution for Illegal Payday Lending

On May 18, the New York State Department of Financial Services (DFS) announced a consent order with a Virginia debt buyer for collecting on illegal payday loans from New York consumers, in violation of the Fair Debt...more

Defend Trade Secrets Act Creates New Federal Claim For Misappropriation of Trade Secrets

On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (DTSA) into law, creating a federal civil right of action for the theft of trade secrets. Until now, trade secrets had been protected only at...more

How Much Would You Charge To Let Your Counterparty Breach The Contract – Wrotham Park Damages

The Court of Appeal's decision in Karen Morris-Garner & Andrea Morris-Garner v OneStep (Support) Ltd [2016] EWCA Civ 180 suggests that Wrotham Park damages may become more common as a remedy for breach of contract. These...more

Lessons Learned – The State of Affairs in US Merger Review

In Depth - In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions....more

New Federal Trade Secret Act: What Businesses Need To Know

Trade secrets are the oldest form of intellectual property and, unlike patents, trademarks and copyrights, the value of a trade secret arises from others not knowing the secret. Companies such as Coca-Cola, WD-40, Heinz 57,...more

Defend Trade Secrets Act is Enacted

In late April, Congress approved the Defend Trade Secrets Act of 2016 (“DTSA” or the “Act”) with over-whelming bipartisan majorities. President Obama signed DTSA into law on May 11, and it takes effect immediately. First...more

Implementing the Whistleblower Immunity Notice Provision under the Recently-Enacted Federal Defend Trade Secrets Act

The Defend Trade Secrets Act, signed into law on May 11, 2016, includes a whistleblower immunity notice provision. An employer that wants to preserve maximum recoveries for misappropriation against an employee should take...more

Federal Reserve Announces Enforcement Action Against State Bank for Alleged Violation of the National Flood Insurance Act

On May 17, the Federal Reserve announced the execution of a settlement agreement with a state bank resolving alleged violations of the National Flood Insurance Act (“NFIA”), 42 U.S.C. § 4012a(f), and Regulation H, 12 C.F.R....more

CMA warns UK estate agents against colluding in online portal selection

On 21 April 2016, the Competition and Markets Authority (“CMA”) published an open letter to estate agents in the UK stressing the importance of making independent commercial decisions and warning them against unlawful...more

Building Around a Tenant

How much redevelopment and refurbishment work can a landlord do when it has a tenant in occupation? The recent case of Timothy Taylor Limited v Mayfair House Corporation provides a useful reminder of the obligations owed by...more

High Court Broadens the Definition of “Actual Fraud” under Section 523(a)(2)(A)

The Supreme Court’s Decision: On May 16, 2016, in Husky International Electronics, Inc. v. Daniel Lee Ritz, Jr., Case No. 15-145, the Supreme Court held that the term “actual fraud” in § 523(a)(2)(A) of the Bankruptcy...more

Supreme Court’s Spokeo Decision Erects Barriers for Privacy and Data Security Plaintiffs

On May 16, 2016, the United States Supreme Court in Spokeo, Inc. v. Robins confirmed that a “concrete” injury is required of all private parties seeking to assert claims in federal court, even those alleging violations of a...more

Civil Seizure to Dominate Litigation Under the Defend Trade Secrets Act

With a stroke of the pen, President Obama signed into law the first-ever federal trade secrets regime, opening federal courthouse doors to all trade secrets litigants. While federal subject matter jurisdiction is widely...more

Iowa’s Highest Court Enters First Decision on Certain Landlord-Tenant Issues Raised in 2013 Staley Case: Landlords Must Take Note...

As most landlords are aware, in 2013, the Iowa Court of Appeals entered a decision in the Staley v Barkalow case, which involved a group of tenants who sued their landlord over the content of their lease agreements....more

How the New Trade Secrets Law May Affect You

A week ago, on May 11, 2016, the President signed into law the new federal “Defend Trade Secrets Act of 2016.” It arms with substantial new weaponry those whose trade secrets have been taken. What has been less heralded,...more

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