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

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

Utah Federal Court Dismisses Putative Class’s “True Lender” Claims Against Online Merchant

On May 23, the U.S. District Court for the District of Utah dismissed a putative class action filed against an ecommerce merchant for allegedly operating a financing program that violated various California laws, including...more

Internal Affairs Doctrine May Not Control Alter Ego Liability

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?

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

Complete Versus Conflict Preemption In ERISA Cases

Both state and federal courts have original jurisdiction over ERISA benefits actions. See29 U.S.C. § 1132(e)(1), ERISA § 502(e)(1). But litigants (and defendants in particular) have historically preferred the federal courts,...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

The Way to San Jose: Not Through Federal Court

Frustrated with the inability of the Oakland Athletics to commit to relocate to San Jose in the face of the territorial objections of the San Francisco Giants – and by the failure of Major League Baseball (MLB) to bring the...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?

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?

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

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?

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 Brief

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

Enforcing foreign injunctions in Ontario....more

Campmor, Inc. v. Brulant, LLC

Opinion and Order Granting in Part and Denying in Part Brulant LLC's Motion to Dismiss under FRCP 12(b)(6)

Campmor, Inc., successful online retailer and customer of "online channel partner" Brulant, LLC, brings suit based on breach of contract, breach of warranty, negligence, fraud, consumer fraud and related claims arising from...more

Campmor, Inc. v. Brulant, LLC

Memorandum of Law of Plaintiff in Opposition to Partial Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)

Campmor, Inc., successful online retailer and customer of "online channel partner" Brulant, LLC, brings suit based on breach of contract, breach of warranty, negligence, fraud, consumer fraud and related claims arising from...more

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

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

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

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...

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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