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Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq....more
Intolerable, vexatious, egregious, grievous. These are just some of the adjectives used by the Colorado Supreme Court to describe the actions of a now-disbarred attorney, in a 51-page opinion issued in GHP Horwath PC et al....more
Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands...more
What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more
On August 30, 2023, the Small Business Administration (“SBA”) filed a “Notice of Compliance” in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, U.S. District Court for the Eastern District...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed an October 17th Complaint and Request for Injunctive Relief (“Complaint”) in the Circuit Court of Sebastian County, Arkansas...more
Fraudulent Transfer Act Allan v. Allan, 8th Dist. Cuyahoga Nos. 110177, 110179, 2022-Ohio-1488- In this appeal, the Eighth Appellate District reversed the trial court’s decision under the Fraudulent Transfer Act case to...more
The US Court of Appeals for the Fifth Circuit affirmed a judgment holding a lawyer jointly and severally liable for trade secret misappropriation and fraudulent transfer and enjoining any further use of the trade secrets...more
For years, Scott Dinin was one of South Florida’s most prolific filers of Title III of the Americans with Disabilities Act (ADA) cases. His run ended two years ago, when, after obtaining default judgments against two gas...more
David F. Johnson presented his paper on “Remedies for Breach of Fiduciary Duty Claims” to the Tarrant County Probate Bar Association’s Litigation Seminar on August 7, 2020. This presentation covered pre-trial remedies such as...more
Recovering returns from reinsurance commissions can be a costly and time-consuming endeavor, at least when a former director of the agency that received the provisional commissions allegedly engages in a slew of activity to...more
The US Court of Appeals for the 11th Circuit affirmed a district court’s finding of civil contempt against a corporate defendant and its two individual shareholders for failing to make all reasonable efforts to comply with an...more
John Jenkins yesterday wrote about the New York City Controller's initiative asking boards of directors to adopt a policy "requiring that the initial lists of candidates from which new management-supported director nominees...more
In a matter between Petitioner Vitaly Smagin and Respondent Ashot Yegiazaryan, the London Court of International Arbitration awarded Smagin about $72 million in damages plus about $20 million in interest and fees....more
The United States District Court of Western District of Washington entered a judgment in a trade secret case, Verasonics, Inc. v. Alpinion Medical Systems Co., Ltd. (Case No. 2:14-cv-01820-JCC). The district court confirmed...more
• The DOJ has streamlined its process for reviewing CAFA settlement notices. • The DOJ will likely become more aggressive in reviewing class action settlements for fairness, reasonableness and conformity with DOJ policy...more
On July 5, 2016, investors filed a federal class action in the Southern District of New York alleging defendant banks had manipulated the Singapore Interbank Offered Rate (SIBOR) “and/or” Singapore Swap Offer Rate (SOR)...more
The U.S. Court of Appeals for the D.C. Circuit recently rejected the National Labor Relations Board’s attempt to expand the remedies available under the National Labor Relations Act for unfair labor practices. Building on...more
Anheuser Busch recently agreed to settle a consumer class action over Beck’s Beer labeling that we previously reported on with regard to the uptick in consumer class actions proceeding past the pleading stage in the Southern...more
In one of three parallel actions for trademark infringement involving competing paper towel manufacturers, the U.S. Court of Appeals for the Fourth Circuit examined the appropriate remedies that may be granted under the...more
We all think of December as the season of giving. Unfortunately, prevailing defendants in Title VII cases don’t always feel that way. Under Title VII of the Civil Rights Act of 1964, prevailing plaintiffs enjoy compensatory...more
MAIN DISPUTE RESOLUTION METHODS - 1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes? Litigation -- Litigation is the most frequently used...more
On May 2, 2013, Governor Rick Perry signed the Texas Uniform Trade Secrets Act (TUTSA), a substantially similar law to the Uniform Trade Secrets Act (UTSA). The adoption of UTSA goes into effect on September 1, 2013, and...more
On February 7, 2013, the California Supreme Court held that where a plaintiff proves that unlawful discrimination in violation of the Fair Employment and Housing Act ("FEHA") was a substantial factor motivating her...more
Dubbed as the “Homeowner’s Bill of Rights,” on July 11, 2012, California Governor Jerry Brown signed into law AB 278/SB 900 marking the first U.S. state to adopt into law the residential mortgage foreclosure reform principles...more