News & Analysis as of

Tortious Interference Breach of Contract

Withdraw a Dissolution Claim? Not So Fast

by Farrell Fritz, P.C. on

Article 11 of the Business Corporation Law governs dissolution of closely held New York business corporations. Article 11 has existed, more or less in its current form, for decades. Some of its provisions have been heavily...more

Delaware Supreme Court Confirms that Dilution Claims Typically Are Derivative and Are Extinguished After a Merger

Stockholder claims alleging wrongful dilution are typically considered to be derivative in nature. Several decisions out of Delaware, however, have created exceptions to this general rule allowing stockholders to sue...more

Eighth Circuit Upholds Arbitral Immunity In Challenge To AAA’S Removal Of Arbitrator

by Carlton Fields on

Owens, a terminated CEO, engaged in a AAA arbitration with his former company before a three-member panel. In the course of the proceeding, the company sought to remove an arbitrator for making an incomplete disclosure...more

The Rule Against Perpetuities is Alive and Enforceable in Oklahoma

by Gray Reed & McGraw on

Today we venture into Oklahoma, to be instructed on the Supreme Court’s treatment of the Rule Against Perpetuities. First, the Rule: No property interest is good unless it must vest, if all, not later than 21 years after...more

Option Contract Ruling Reversed by Texas Supreme Court.

by Gray Reed & McGraw on

North Shore Energy v. Harkins interpreted an Option Agreement between landowners and a producer over a 400 acre tract. In football they would say the Texas Supreme Court pancaked the plaintiff. In the law, some would call it...more

Court Holds That Fiduciary Shield Doctrine Does Not Protect A Representative From Tortious Conduct

by Winstead PC on

In Ren v. ANU Res., LLC, a plaintiff sued an entity and its representatives for breach of contract, breach of fiduciary duty, and other tort claims arising from investments in oil and gas properties. No. 14-16-00035-CV, 2016...more

Fifth Circuit Affirms Order Compelling Arbitration Against Non-Signatories Based On “Intertwined Claims” Estoppel

by Carlton Fields on

A physician sued several healthcare entities for wrongful termination of employment, negligence, breach of contract, and tortious interference with at-will employment. While two of the defendants were signatories to...more

Court Of Chancery Holds Release Is Binding On A Non-Signatory

by Morris James LLP on

It may surprise many of us to know that a party who does not sign a general release may still be bound by its terms. Yet, that is what this decision holds under this case’s facts, which involved New York law and a release...more

Courts Address Conspiracy, Knowing Participation, and Aiding And Abetting Breach Of Fiduciary Duty Claims

by Winstead PC on

In Rhymes v. Filter Res., Inc., a former employer sued a former employee and the employee’s new business for breach of contract, breach of fiduciary duty, and tortious interference related to the employee’s competition with...more

California Court Gives Two Thumbs Down and Voids Non-Compete in Actor’s Agreement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade. California, mecca of the film and media production industries in the U.S., is notorious for...more

Negative Pledge Pros and Cons

by Murtha Cullina on

Does a Lender really get any protection from a Negative Pledge provided by a Borrower? In some situations where a Lender would like to have security for its loan but the Borrower cannot, or will not, grant a mortgage or...more

North Carolina Courts Are Forbidden To “Blue Pencil” An Unenforceable Non-Compete

by Seyfarth Shaw LLP on

Reversing a 2-1 decision of the North Carolina Court of Appeals, the state’s Supreme Court held unanimously that an assets purchase-and-sale contract containing an unreasonable territorial non-competition restriction is...more

Contractor’s Lawsuit Against Architect for Tortious Interference Allowed to Proceed

by PretiFlaherty on

A U.S. District Court Judge for the District of Massachusetts has allowed a lawsuit to proceed brought by a contractor against an architect, alleging the architect falsely certified grounds for termination to the project...more

Court of Chancery Explains Notice Required Before Directors Act

by Morris James LLP on

This decision concerns a soap opera with bizarre facts and alleged witness tampering that hopefully will never be repeated. It does have a good discussion on what notice the board of directors must give to a controller before...more

When Is a Breach of a Covenant Not to Compete Also Unfair or Deceptive?

by Ellis & Winters LLP on

Next Monday, August 31, the North Carolina Supreme Court will hear arguments in an important business-versus-business case. Beverage Systems of the Carolinas v. Associated Beverage Repair (No. 316A14) includes two...more

Magistrate Recommends Denying Dismissal Of State Law Claims As Moot

by Morris James LLP on

Counter-defendants claimed that counterclaims 1(breach of contract), 4(breach of duty of loyalty), 5(tortious interference with contractual relations) and 6 misappropriation of trade secrets) are procedurally improper. The...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

by Gray Reed & McGraw on

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

Angie’s List Accuses Amazon of Home Improvement Hijinks

Even freed from bricks and mortar, online retailers and service providers are realizing that market share is not infinite. A complaint recently filed by Angie’s List Inc. against Amazon Local LLC for its newly launched online...more

Tory Burch Protects Her Brand

The barrage of counterfeit jewelry products bearing the “Isis Cross” will cease! After more than two years of battling with counterfeiters, Tory Burch, LLC and its subsidiary (“Tory Burch”) secured a $41 million judgment and...more

June Court Decision Round-Up

by Brooks Kushman P.C. on

JDS Technologies, Inc. v. Avigilon USA Corp., Case No. 15-10385, 2015 WL 3603525 (E.D. Mich. June 5, 2015) - U.S. District Judge Avern Cohn denied Avigilon’s motion to dismiss for failing to adequately plead allegations...more

May Court Decision Round-Up

by Brooks Kushman P.C. on

Nedschroef Detroit Corp. v. Bemas Ents. LLC, Case No. 14-10095, 2015 WL 2453511 (E.D. Mich. May 22, 2015). U.S. District Judge Linda V. Parker granted summary judgment in favor of plaintiff Nedschroef Detroit Corp...more

When $16.5 Million Is Not Enough: Insurer And Reinsurer Battle Over Fronting Arrangement

by Carlton Fields on

Lincoln General Insurance Company (“Lincoln”) appealed a district court judgment, despite it having won a $16.5 million dollar tortious interference verdict, to the Fifth Circuit Court of Appeals. Lincoln alleged that the...more

Utah Court Finds No Duty to Defend Claim Under Cyber Insurance Policy

In Travelers Prop. Cas. Co. of America v. Federal Recovery Services, Inc., et al., 2015 U.S. Dist. LEXIS 62185 (D. Utah May 11, 2015), Travelers issued its “CyberFirst” stand-alone cyber insurance policy to Federal Recovery...more

Jury Awards $58.7 Million for Trade Secret Misappropriation After Technology Disclosure Pursuant to NDA

by Carlton Fields on

On March 6, in a U.S. District Court for the Eastern District of Texas case, Texas Advanced Optoelectric Solutions (TAOS) Inc. obtained a verdict against Intersil Corp. (Nasdaq: ISIL) for trade secret misappropriation, breach...more

There Is A Difference Between "Inducing" Something and "Causing" Something

by Brooks Pierce on

If you asked me to list my favorite torts, tortious interference with prospective economic advantage would be near the bottom of the list. But that tort was front and center in Judge McGuire's Opinion in KRG New Hill...more

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Cybersecurity

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