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Competition Tortious Interference

Venable LLP

Fourth Circuit Holds That Government Contractors Can Rely on Fiduciary Duty of Loyalty to Prevent Employees from Direct...

Venable LLP on

The U.S. Court of Appeals for the Fourth Circuit has found that employees can breach their duty of loyalty to their employers and tortiously interfere with a business expectancy by competing against their employer for the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Housing Discrimination and Group Boycotts

This week, the Court addresses the constitutionality of a law protecting housing access for people with criminal histories, and the elements of a per se unlawful group boycott under the Sherman Antitrust Act....more

Foster Garvey PC

Online Travel Update: Booking.com Adds Loyalty Program Benefits; Yelp Makes News on Two Fronts; and Major OTAs Spend More Billions...

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After a few quiet weeks, last week produced a number of stories that caught our attention and made it into our weekly Update, including two interesting stories on customer reviews. Enjoy....more

Skadden, Arps, Slate, Meagher & Flom LLP

Which Affiliates Are Bound by Restrictive Covenants Hinges on the Language the Parties Chose, Recent Rulings Stress

In 2021, the Delaware Court of Chancery issued two decisions addressing when a contractual party’s affiliates are bound to restrictive covenants in an agreement. In the first case, Sixth Street Partners Management Company,...more

Allen Matkins

Breaching A Contract May Be Wrong But It Isn't Independently Wrongful

Allen Matkins on

 In 1995, the California Supreme Court held that a plaintiff pursuing a claim for interference with a prospective contractual or economic relationship had to plead that the defendant's conduct was wrongful.  Della Penna v....more

Manatt, Phelps & Phillips, LLP

Claims for Interference With At-Will Contracts Now Require Independently Wrongful Act

On August 3, 2020, the California Supreme Court held in Ixchel Pharma, LLC v. Biogen, Inc. that tortious interference with at-will contracts requires establishing wrongful conduct independent of interference itself. 9 Cal....more

Patton Sullivan Brodehl LLP

When Business Competition Goes Too Far: Interference With At-Will Contracts

The American economy’s capitalist features promote the need for healthy business competition.  One of the judiciary’s jobs has been to draw lines as to when that competition goes too far, without stifling legitimate...more

Seyfarth Shaw LLP

California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with At-Will Contracts and Adopts...

Seyfarth Shaw LLP on

Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a...more

Orrick - Trade Secrets Group

The California Supreme Court Clarifies Section 16600 as Applied to Business Contracts and Holds That an Independently Wrongful Act...

The most powerful tool capable of invalidating competitive restraints under California law is Business and Professions Code section 16600. That statute states that “[e]very contract by which anyone is restrained from...more

Seyfarth Shaw LLP

Youth Soccer Company Cries Foul at Competitor and Former Employees

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On March 3, 2020, Massachusetts Premier Soccer LLC, doing business as Global Premier Soccer (“GPS”), filed a complaint in the US District Court for the District of Massachusetts, alleging that two of its former...more

Lewitt Hackman

FRANCHISEE 101: Cannabiz Accounting

Lewitt Hackman on

Tax service franchisor, H&R Block, was recently vindicated in having terminated a franchisee for violating an in-term non-compete covenant. A United States District Court granted the franchisor summary judgment in Devore v....more

Patterson Belknap Webb & Tyler LLP

Third Circuit Affirms Uber Win in Attempted Monopolization Suit

On March 27, 2018, the Third Circuit affirmed dismissal of an antitrust suit against Uber Technologies, Inc. (“Uber”) by the Philadelphia Taxi Association and its members, individual taxicab companies (together,...more

Butler Snow LLP

Competitor’s Privilege a Competitive Advantage? Only if there’s not improper means!

Butler Snow LLP on

Tennessee recognizes the tort of interference with prospective business relations. But there’s an exception for competitors. One who intentionally causes a third person not to enter into a prospective contractual...more

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