General Business Civil Procedure Civil Remedies

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Congress Passes Sweeping New Legislation To Protect Trade Secrets

Last week, in a departure from the partisan gridlock that has gripped Washington, the House of Representatives joined the Senate in passing a sweeping new statute to protect trade secrets. The legislation, which President...more

BREAKING NEWS: Sales Tax Battle Breaks Out in South Dakota; Quill’s Last Stand?

On March 22, 2016, South Dakota Governor Dennis Daugaard signed into law Senate Bill 106, which requires any person making more than $100,000 of South Dakota sales or more than 200 separate South Dakota sales transactions to...more

Principles of Equity: Denying Inventors their Constitutionally Promised Exclusivity

Article I, Section 8, Clause 8 of the United States Constitution, empowers the United States Congress: - ..To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the...more

President Expected to Sign New Federal Trade Secret Law

After years of debate and multiple versions proposed, withdrawn, revised and debated by both Houses of Congress, legislation that would for the first time federalize trade secrets law is headed to the White House for...more

Court Cannot Divide An Offer To Settle

In Sugar Hut Group Ltd & ors v A J Insurance Service [2016] EWCA Civ 46, 3 February 2016, the Court of Appeal over-ruled the High Court’s judgment about how costs should be awarded where a claimant succeeds on only part of...more

U.S. Congress Creates Federal Cause of Action for Trade Secret Misappropriation

For the first time in this nation’s history, the U.S. will have a federal trade secrets law that allows private citizens to enforce their trade secrets and sue for damages. On Wednesday, April 27, 2016, the U.S. House of...more

The Trade Secrets Bill Proceeds to the President's Desk

On April 27, the House of Representatives by a 410-2 vote passed the Defend Trade Secrets Act (DTSA), which creates a federal cause of action for trade secret misappropriation, providing trade secrets with a degree of...more

Congress Passes Federal Trade Secrets Law

On April 27, 2016, the U.S. House of Representatives passed legislation that will effectively federalize trade secrets law. President Obama, a supporter of the legislation, has indicated he will sign the Bill, which...more

Landmark Trade Secret Law Establishes New Rights and Remedies

The Defend Trade Secrets Act of 2016 aims to modernize and strengthen trade secret law. The most significant trade secret reform in decades is about to become law. The Defend Trade Secrets Act of 2016 (DTSA) will...more

Wave of Federal Trade Secret Decisions Soon to Hit State Courts

Late yesterday, the House of Representatives joined the Senate in passing a sweeping new statute that creates a new federal civil cause of action for trade secret theft. The new statute, called the Defense of Trade Secrets...more

What Does the Passage of the Defend Trade Secrets Act Mean for Your Business?

Congress passed federal trade secrets legislation today. On April 4, 2016, the Senate passed S. 1890, the Defend Trade Secrets Act of 2016 (“DTSA”). Soon after, on April 20, 2016, the House Committee approved S. 1890 by...more

Congress Passes Sweeping New Legislation to Protect Trade Secrets

Late yesterday, in a departure from the partisan gridlock that has gripped Washington, the House of Representatives joined the Senate in passing a sweeping new statute to protect trade secrets. The legislation, which...more

Defend Trade Secrets Act Passes House, Moves to President for Signature

One week after the House Judiciary Committee unanimously reported the Defend Trade Secrets Act of 2016 to the House floor, the full House approved the bill, 410-2. The two no votes were from tea party Republicans, Rep....more

The New “Persuader Rule” and Its Impact on Manufacturers

The federal Office of Labor-Management Standards (“OLMS”) in the Department of Labor issued a Final Rule, on March 24, 2016, that significantly reinterprets the so-called Persuader Activities Rule. This rule represents the...more

Employer May Terminate Pre-Hire Agreement with Union, Sixth Circuit Rules

On April 21, 2016, resolving a situation not previously decided by the Sixth Circuit Court of Appeals, the court held that a construction company that was a party to a pre-hire collective bargaining agreement lawfully...more

Grant of Summary Judgment to Gas Facility Operator Based On “Pay First, Dispute Later” Clause Upheld

There was no error in granting partial summary judgment on more than $5 million dollars in gas facility invoices, the Alberta Court of Appeal held in SemCAMS ULC v Blaze Energy Ltd, 2016 ABCA 113, despite the gas producer’s...more

Should an arbitrator sign on all pages of the arbitration award?

Legal Rule - Under normal circumstances the general rule is that an arbitration award shall be valid only if signed on all pages by the arbitrator. However the exception to this rule is that the arbitrator's signature on...more

Florida Appellate Court Bolsters Statutory HOA Safe Harbor

A significant opinion from the Florida Third District Court of Appeal further clarifies the extent of the Florida statutory homeowners association (HOA) “safe harbor.” In the end, entities that obtain title through judicial...more

Rhode Island Trial Court Decision Could Spell Trouble for Employers Seeking to Enforce Restrictive Covenants Against Healthcare...

One of an employer’s first steps in a suit against a former employee to enforce a restrictive covenant is to seek a preliminary injunction to prevent the employee from continuing to violate his or her contractual obligations....more

Union Seeks Increased Duties on Imported Aluminum

On April 18, the United Steelworkers Union (USW) petitioned the U.S. International Trade Commission (ITC or Commission) for relief pursuant to Section 201 of the Trade Act of 1974, a safeguard provision of the U.S. trade...more

Federal Court in Georgia Holds Specific Contractual Intent to Benefit Required for Tenant to Be Third-Party Beneficiary of...

J.C. Penney Props. v. Hiram LL, LLC, 2016 U.S. Dist. LEXIS 8027 (N.D. Ga. Jan. 25, 2016) - In January 2008, Hiram LL, LLC (“Hiram”) leased property to J.C. Penney Properties, Inc. (“J.C. Penney”) for the construction and...more

Can You Evict Tenants for Renting Out Their Apartments for Short-Term Use?

A recent decision from the Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running a transient occupancy (short-term rental) business out...more

Fast track competition procedure claims another scalp

This case, being already the third since the new CAT Rules came into force on the 1 October 2015, is evidence that the new fast track procedure has been successful in encouraging claims against anti-competitive behaviour and...more

Restrictive Covenants: Do Yours Meet a Changing Landscape?

Restrictive covenants are an important tool for businesses concerned about the protection of their confidential business information and the costs of employee training and turnover. When properly crafted and utilized,...more

Four Takeaways from the ABA Antitrust Section's 2016 Spring Meeting

Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more

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