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Finding Irreparable Harm: 5th Circuit Vacates Refusal to Enter Preliminary Injunction

Injunctions are a powerful deterrent against those who seek to misappropriate valuable trade secrets. And without preliminary injunctions — which typically last until the conclusion of a trial — trade secret owners can face...more

Old Wells: A New Frontier for Crypto-Mining and Complaints

Cryptocurrency mining is an emerging industry that must overcome the watchful eyes of communities and regulators. This unique process uses computers to solve complex math problems on a blockchain, which rewards miners with...more

Employers Beware: The Rise of AI (Regulation)

Artificial intelligence (AI) continues to transform the world and the workplace. From facial-analytic tools that assess interviewees to bots that screen applicants, AI technology is gaining traction in many human resources...more

It’s No Longer a Secret—Parties Should Identify Their Trade Secrets Early in Litigation

A common element in trade secret litigation is that plaintiffs must own and be able to reasonably identify their trade secrets. However, different courts require plaintiffs to define their trade secrets with different levels...more

Trade Secret Tidbits: February 2023

From the granting of temporary restraining orders to the adoption of pleading standards, February 2023 was a busy month for trade secret misappropriation claims. Although they came in the shortest month of the year, the...more

Circuit Court Strikes Down Liquidated-Damages Agreement in Trade Secret Case

The 11th U.S. Circuit Court of Appeals recently made two rulings that may impact companies using liquidated-damages clauses in their confidentiality agreements to protect their trade secrets....more

Delta-8 Debate: Employment and Trademark Litigation in CBD and Cannabis Reaches New High

A recent federal court ruling that attempted to set down a distinct line between marijuana and low-THC products (like CBD and delta-8) has led many to make broad conclusions as to what it means for various products. Courts...more

Key Amendments to Texas Rules of Civil Procedure, Effective January 2021

Recent amendments to the Texas Rules of Civil Procedure (TRCP) will significantly impact Texas discovery, expert disclosures and litigation practice. Generally, the amendments further align the TRCP with the Federal Rules of...more

Pipeline Progeny: The Bounds of Eminent-Domain Power and FERC Certificates

Companies seeking to enforce eminent-domain power pursuant to the Natural Gas Act (NGA) and FERC certificates should continue to monitor PennEast Pipeline Co. v. New Jersey and its progeny. 938 F.3d 96, 99 (3rd. Cir. 2019)...more

New Bankruptcy Ruling Could Impact Future Midstream Contracts

On Oct. 28, 2020, the U.S. Bankruptcy Court for the Southern District of Texas delivered a key ruling affecting: (1) purchase and sale agreements for produced gas and severed minerals; and (2) agreements with “exclusive...more

Takeaways From IEL’s 70th Annual Oil and Gas Law Conference

The energy industry continues to improve its technological and environmental initiatives. To aid these initiatives, McGuireWoods attorneys recently attended the Institute of Energy Law’s oil and gas conference in Houston,...more

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