Like any other type of litigation, trade secret cases rise or fall on the strength of the evidence that can be put before the factfinder. Yet before a lawyer can focus on what evidence they have to make or defend their case,...more
As discussed in part one of this series, trade secret litigation presents a minefield of evidentiary challenges. But while the act of misappropriation is often simple enough to demonstrate, calculating the precise value of...more
In recent years, juries have returned verdicts in trade secret disputes of $2.04 billion, $570 million, $152 million, and $105 million. The enormity of these verdicts reflect the importance the modern economy places on trade...more
The non-compete—a clause that binds approximately one-fifth of all American workers—may soon be a thing of the past. New guidance from the Federal Trade Commission (FTC) threatens to abolish the use of non-compete clauses in...more
On May 24th, 2021, the U.S. House Committee on Financial Services held a hearing regarding SPACs, direct listings, public offerings, and investor protection associated with these offerings. Prior to the hearing, the committee...more
Cyberattacks on the nation’s critical infrastructure are becoming more frequent, more severe, and more dangerous. The Wall Street Journal reported that the growing trend of cyberattacks is “part of a growing criminal pivot...more
The special purpose acquisition company (SPAC) boom has hit a major roadblock in the form of faulty disclosures. The recent deluge of SPAC litigation has mainly focused on these disclosures—specifically, disclosures made...more
Transactions that involve special purpose acquisition companies (SPACs) have risen at a meteoric rate in recent months, from $3 billion in 2020 to $166 billion in the first three months of 2021 alone.[1] With sponsors ranging...more
What companies need to know as disputes grow larger, more frequent -
Given the primacy of technology to the operation of the global economy, it should come as no surprise that jury awards in trade secret disputes are...more
Introduction -
As U.S. companies struggle with government-mandated closures—including re-openings followed by rollbacks in states like Texas, Florida, and California—a growing number of businesses, especially in the...more
7/23/2020
/ Arbitrary and Capricious ,
Bars ,
Business Closures ,
Class Action ,
Coronavirus/COVID-19 ,
Executive Orders ,
Fifth Amendment ,
Fourteenth Amendment ,
Government Lockdown ,
Infectious Diseases ,
Just Compensation ,
Police Power ,
Public Health ,
Public Health Emergency ,
Public Necessity Exception ,
Public Safety ,
Re-Opening Guidelines ,
Regulatory Takings ,
Restaurant Industry ,
Rollbacks ,
TX Supreme Court
While the Main Street Lending Program (“MSLP”) was designed to ameliorate economic harm caused by the COVID-19 pandemic, it leaves lenders open to possible litigation exposure if borrowers fail to satisfy their obligations....more
7/14/2020
/ Duty of Care ,
Economic Stimulus ,
Eligibility ,
Federal Loans ,
Federal Reserve ,
Immunity ,
Lenders ,
Liability ,
Main Street Lending Programs ,
Participation Agreements ,
Risk Mitigation ,
Special Purpose Vehicles ,
Standard of Care
The troubles affecting the federal government’s Paycheck Protection Program (PPP) have been well documented. One critical issue is the fact that, while PPP lenders have been receiving their fees, PPP agents have not....more
5/8/2020
/ Accountants ,
Agents ,
Attorney's Fees ,
Bank of America ,
CARES Act ,
Class Action ,
Congressional Intent ,
Consultants ,
Fees ,
Guidance Documents ,
Lenders ,
Litigation Strategies ,
Paycheck Protection Program (PPP) ,
Private Right of Action ,
Transactional Attorneys ,
TRO ,
U.S. Treasury ,
Wells Fargo
The coronavirus pandemic’s impact on the healthcare, travel, and hospitality industries has been severe. From ventilator shortages to empty airports to restaurant chain layoffs, the impacts of the pandemic on certain...more