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Trade Secret Damages Beyond the Actual Loss Suffered by Plaintiffs Become Harder to Obtain

The Southern District of New York vacates nearly $200 million in damages after remand from Second Circuit - On March 13, 2024, in Syntel Sterling Best Shores Mauritius Ltd. v. The TriZetto Group Inc., the Federal District...more

The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret...

On July 30, 2024, the Court of Appeals of Virginia overturned a two billion dollar (yes, billion with a ‘b’) jury verdict in the Appian v. Pegasystems trade secret lawsuit. Although the Court of Appeals upheld the verdict of...more

Coping With the FTC Ban on Non-Competition Agreements

On April 23, 2024, the Federal Trade Commission issued its long-expected non-compete ban (the “Rule”). The Rule, which is scheduled to go into effect on September 4, 2024, will ban nearly all non-competes across the country....more

The Kessler Doctrine: An Expanded Form of Preclusion Unique to Patent Litigation

Late last year, the Federal Circuit affirmed an award of over $5 million in attorneys’ fees in favor of the defendants in PersonalWeb v. Patreon. In addressing the propriety of the award, the Federal Circuit also took the...more

The New England Patriots Latest Catch: A Privacy Class Action Lawsuit

The New England Patriots have found themselves on the receiving end of a purported class action lawsuit alleging a violation of the Video Privacy and Protection Act (“VPPA”). Congress enacted the VPPA in 1988 in response to a...more

What is Transformative Use? Warhol Copyright Decision Exposes Surprising Tension Between Usual Supreme Court Allies

In May, the Supreme Court issued an unusually contentious 7-2 decision concerning the fair use defense available to alleged copyright infringers. The majority decision in The Andy Warhol Foundation for the Visual Arts, Inc....more

Facebook Tracking Pixels are the basis for a new wave of privacy class action litigation

If your company posts videos on its website and uses a Facebook tracking pixel in them to transmit data to Facebook for advertising purposes, your company could find itself on the receiving end of a class action lawsuit....more

Watch Me Pull a Customer Out of My Hat: Proving Damages Using Your Customer’s Out-Of-Court Statement

Hearsay is simple enough to define – it is an out of court statement offered for the truth of the matter asserted. But practicing attorneys know that the definition of hearsay is deceptively complex. Questions like, “what is...more

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