Hemant Gupta Bridges the Gap Between Cutting-Edge Technology and Intellectual Property Protection
Agencies Step Up DEI Scrutiny, DOL Clarifies Overtime Rules, and California Court Limits PAGA Claims - Employment Law This Week®
Employment Litigation Is More Than Jessica Giambrone Palmese's Practice—It’s Her Passion.
Words Matter: How to Draft Arbitration Agreements That Hold Up in Court - Employment Law This Week®
How to Protect Your Business from a Counterparty's Financial Crisis – Speaking of Litigation
Employer AI Headaches: Job Postings, Client Privilege, and Microchip Bans - Employment Law This Week®
Non-Competes in 2026: FTC Signals Major Policy Shift - Employment Law This Week® - Spilling Secrets Podcast
5 Key Takeaways | Navigating False Advertising Litigation Challenges, Strategies, & Risk Mitigation
How Litigation Experience Improves Workplace Solutions: One-on-One with Jill Bigler
Service and Justice: Veterans in Law – Speaking of Litigation Video Podcast
Hollywood Overruled: Real Lessons from Cinematic Litigation – Speaking of Litigation Video Podcast
It Only Took 13 Years: The Federal Circuit's First Derivation Proceeding Decision — Patents: Post-Grant Podcast
Managing the Financial Impact of Tariffs on Your Government Contract
High Crimes and Misdemeanors: Unruly Passengers – How a Bad Flight Could Ruin Your Travel Future
Is the Deal Done? Litigation After Mergers and Acquisitions – Speaking of Litigation Video Podcast
FTC and Florida Focus on Non-Competes, SCOTUS to Rule on Pension Withdrawal Liability - #WorkforceWednesday® - Employment Law This Week®
Master the First Moves in Litigation for Courtroom Advantage – Speaking of Litigation Video Podcast
Harnessing AI in Litigation: Techniques, Opportunities, and Risks – Speaking of Litigation Video Podcast
Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast
Aligning Business Goals with Legal Strategies Amid Regulatory Change – Speaking of Litigation Video Podcast
Operation Bluebird, Inc. (“Bluebird”) and X Corp. are locked in a dispute over the future of the Twitter brand, stemming from the platform’s rebrand from “Twitter” to “X” in 2023. The TMCA covered the rebrand....more
Recently, the Federal Circuit affirmed the Eastern District of Michigan’s ruling that Ford Motor Company (“Ford”) misappropriated Versata Software Inc.’s (“Versata”) trade secrets and breached a software licensing agreement. ...more
A medical device company had an NDA. They had a jury award of more than $17 million. They had a permanent injunction against their competitor. The Federal Circuit reversed almost all of it....more
When IP Strategy Feels Like Uncharted Territory, Hemant Gupta Knows the Terrain For technology and life sciences companies racing to innovate, protecting intellectual property (IP) can feel like an afterthought—until it...more
The US Court of Appeals for the Federal Circuit reversed a judgment awarding damages and a permanent injunction, finding that the plaintiff’s trade secret misappropriation claims were barred by the statute of limitations...more
A favorable result was recently obtained in the New Jersey Superior Court, Chancery Division in Fasulo v. Shaw, an LLC member oppression and fiduciary duty case arising from a dispute among members of a limited liability...more
What You Need to Know Unfair competition claims arise when a business alleges that a competitor, former employee, or business partner has engaged in improper conduct that damages its goodwill, customer relationships, or...more
The U.S. Court of Appeals for the Federal Circuit held that trade secret plaintiffs may seek unjust enrichment damages measured by a defendant's gains from misappropriated technology and ordered a new trial on trade secret...more
Many fast-growing companies are founded by friends, family, or colleagues. As these companies expand, founder disputes can emerge. Founder disputes are not typical business disagreements. Founders often play many roles...more
The California Court of Appeal has revived a host of tort claims against a company that allegedly executed a plan to recruit a competitor’s employees, divert its customers, and appropriate its pipeline of active loan...more
On May 14, 2026, the United States Supreme Court unanimously held in Montgomery v. Caribe Transport II, LLC that state-law negligent-selection claims against freight brokers are not preempted by the Federal Aviation...more
What employers should know about key developments this week: • Two Federal Agencies Target DEI: The U.S. Department of Labor (DOL) is urging its employees to file whistleblower complaints and report diversity, equity, and...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
The common argument made by plaintiffs that differences in alleged misrepresentations are transcended by the center of the gravity of the alleged fraud should not be addressed through the typical approach of just comparing...more
The Southern District of New York recently dismissed a putative class action challenging the marketing of Grüns Nutrition’s “Superfood Greens Gummies.” In a detailed opinion, Judge Liman found that the company’s core...more
Nevada’s anti-SLAPP statutes protect defendants against meritless, retaliatory lawsuits that are based on communications exercising certain First Amendment rights. While Nevada’s law, NRS 41.635–41.670, is modeled after...more
A federal court recently denied a motion to dismiss a franchisor’s claims in Valenta Franchise LLC v. Innerworks LLC, 2026 WL 1453649 (D. Ariz. May 22, 2026)....more
The Supreme Court held that inducement of patent infringement requires active, affirmative statements or actions encouraging infringement, not merely statements that could be read as encouraging infringement....more
On May 28, 2026, the US Court of Appeals for the Federal Circuit overturned a $59 million damages award for trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”) on statute of limitations grounds....more
For many North Carolina business policyholders, this experience is more than a contractual dispute. It may be evidence of bad faith (i.e., a failure by the insurer to deal fairly and honestly with the very people it...more
When an employee leaves to join a competitor, the former employer may have concerns that the employee will use its proprietary and confidential business information to assist that competitor. ...more
Il est bien établi en droit canadien que la responsabilité personnelle des administrateurs et dirigeants ne peut être retenue pour les actes de l’entreprise, sauf dans des circonstances justifiant la levée du voile...more
A growing body of law indicates that inputting proprietary information into public artificial intelligence tools may undermine the reasonable measures and confidentiality requirements that are central to trade secret...more
Welcome to the third installment of our “Scam Likely” series. In our prior posts, we examined bank impersonation scams and romance scams; here, we turn to a threat that hits even closer to home: invoice fraud. The Set Up...more
Employers whose competitive advantage depends on proprietary technology, engineering know-how, trade secrets or sensitive commercial data are among the most exposed when a key employee departs for a competitor. The risk is...more
