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Hogan Lovells

Causation, statutory architecture, and the limits of auditor liability - Wine Enterprise v Crowe

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Auditor negligence claims are rarely won on breach alone. In Wine Enterprise v Crowe, the English High Court focused on whether a different audit approach would realistically have changed the company’s trajectory, and on the...more

Marshall Dennehey

New Jersey Appellate Division Clarifies Limits of Transactional Attorneys’ Duties and Proof of Damages in Legal Malpractice Claims

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On April 15, 2026, the New Jersey Appellate Division issued an important decision in Gonzalez v. DiBello, et al., A‑2334‑24 (App. Div. Apr. 15, 2026), affirming summary judgment in favor of a transactional attorney accused of...more

Epstein Becker & Green

Words Matter: How to Draft Arbitration Agreements That Hold Up in Court - Employment Law This Week®

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What employers should know about key developments this week: • Arbitration Agreement Drafting Pitfalls: Vague or imprecise language regarding discovery, confidentiality, neutrality, and mutuality can hand employees a...more

Fried Frank

Chancery Finds Buyer’s Oral Statements about Future Plans May Have Gone Beyond “Mere Puffery” and Fraudulently Induced Seller to...

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In Shareholder Representative Services LLC v. Sphera Solutions, Inc. (Mar. 31, 2026), a Magistrate for the Court of Chancery, in a letter decision, at the pleading stage of the litigation, declined to dismiss the plaintiff’s...more

DLA Piper

Montes v. SPARC Group LLC: Washington Supreme Court holds consumer is not injured for disappointed expectations of a bargain under...

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On April 2, 2026, the Washington Supreme Court issued a decision in Montes v. SPARC Group LLC, holding that a consumer who purchases a product at a discounted advertised price, and receives exactly what was advertised, does...more

ALTO Litigation

April Trade Secrets Litigation Brief: AI Cardiology Dispute, Aviation Engineer’s Guilty Plea, and Insurance Exec Accused of Data...

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Trade secret litigation often turns on fast-moving disputes over information, competition, and control. Each month, we highlight notable rulings, verdicts, and enforcement actions shaping trade secret risk and litigation...more

Baker Donelson

The Invisible Insider: How AI Agents Enable Undetectable Trade Secret Theft – and What Companies Must Do Now

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Key Takeaways - AI agents can harvest, synthesize, and exfiltrate trade secrets through more than a dozen evasion techniques that generate no conventional security alert....more

Farrell Fritz, P.C.

Is it Time for Courts to Embrace Shareholder Oppression Outside of the Corporate Dissolution Context?

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This week, we take a break from our regular coverage of recent developments in business divorce caselaw in favor of a more enduring, slightly more scholarly debate.  Don your herringbone, affix your spectacles, and retreat to...more

Foley Hoag LLP

The DTSA Turns Ten: What a Decade of Litigation Tells Us

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May 11, 2026 marks the tenth anniversary of the Defend Trade Secrets Act. The DTSA created a federal civil cause of action for trade secret misappropriation, giving companies across the country a powerful new tool to protect...more

Lathrop GPM

North Carolina Superior Court Permits Advertising Fee Misappropriation Claims to Proceed Against Franchisor but Not Guarantors

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In a dispute over alleged misappropriation of systemwide advertising funds, a North Carolina superior court permitted franchisees to proceed with claims against their franchisor but dismissed claims against the franchisor’s...more

Jones Day

Trade Secret Litigation Trends in Life Sciences

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The Rise of Trade Secret Litigation - Over the past decade, trade secret litigation filings have grown substantially. Several key drivers have fueled this increase. First, the enactment of the Defend Trade Secrets Act...more

A&O Shearman

Blurred lines: when a warranty is really a representation

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Can a warranty cross the line into an actionable misrepresentation? The answer: it depends on the drafting. A promise of equity - Gopher acquired Finalto in 2022, beating a consortium led by Finalto’s CEO and COO,...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

PA Supreme Court Limits Consumer Protection Claims: Key Takeaways from Halpern v. Ricoh USA, Inc.

The Pennsylvania Supreme Court recently limited the scope of the Commonwealth’s Unfair Trade Practices and Consumer Protection Law (UTPCPL). Any company selling goods or services to Pennsylvania consumers should understand...more

Dickinson Wright

Fraud vs. Contract Claims: The Risk of Stopping Your Analysis Too Soon

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In complex commercial disputes, fraud claims can be both powerful and perilous. They offer the potential for enhanced remedies and strategic leverage, but they also introduce heightened legal and evidentiary challenges that...more

Bradley Arant Boult Cummings LLP

Fiduciary Duty Landscape for Business Owners and Investors: Take Time to Learn the Rules Before Jumping into the Game

People typically enter into business partnerships with the best of intentions. But when things go awry down the road, the minority partner may claim that the majority owner violated a fiduciary duty by failing to act in the...more

Morris James LLP

Delaware Supreme Court Addresses Another Appeal in Boardwalk Pipeline Partners Dispute

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Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP, No. 439, 2024 (Del. Jan. 20, 2026) - This appeal addressed additional issues arising from Loews Corporation’s 2018 decision to cause a general partner to exercise...more

A&O Shearman

Litigation: Building resilience to future disputes risk

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When business conditions are more volatile, litigation and enforcement risk increases. The forces currently challenging multinationals—from geopolitical upheaval and regulatory change to the development of artificial...more

Benesch

$2B Trade Secrets Verdict Overturned by the Virginia Supreme Court

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In 2020, Appian Corp. sued Pegasystems Inc. for misappropriating over a dozen trade secrets through a government contractor who had access to Appian’s software. After a jury trial, in 2022, a Virginia jury awarded Appian with...more

Bass, Berry & Sims PLC

Delaware Supreme Court Upholds Extracontractual Fraud Claim in Earnout Dispute

In Johnson & Johnson v. Fortis Advisors LLC, the Delaware Supreme Court, in pertinent part, affirmed the Court of Chancery’s finding of extracontractual fraud in the earnout context against the buyer (J&J)....more

IMS Legal Strategies

Measuring Likelihood of Confusion: The Eveready Survey Format

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There are two commonly accepted survey formats used to measure likelihood of confusion: the Eveready format and the Squirt format. This article addresses the Eveready survey format....more

Loeb & Loeb LLP

Getty Images (US), Inc. v. Stability AI, Ltd.

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In Getty Images’ lawsuit against generative AI company Stability AI, district court finds that Getty adequately pled claims for trademark infringement, false designation of origin and trademark dilution under federal law and...more

Sheppard

Undisclosed Use of Bots in Allegedly Skill-based Game Leads to $420 Million Damages Award for False Advertising and Unfair...

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A New York federal jury has delivered a blockbuster verdict against Papaya Gaming Ltd., awarding $420 million in damages to competitor Skillz Platform Inc. in a closely watched false advertising and unfair competition case...more

Hendershot Cowart P.C.

Trade Secret Damages in Texas: How Courts Calculate What You Can Recover

If someone has stolen or misappropriated your trade secrets, you have more than a legal claim – you have a right to recover what that theft cost you. Under the Texas Uniform Trade Secrets Act (TUTSA), Texas businesses can...more

McDermott Will & Schulte

Personal jurisdiction: Are cease-and-desist letters enough?

In a decision clarifying how certain pre litigation enforcement efforts can establish personal jurisdiction, the US Court of Appeals for the Eleventh Circuit reversed the dismissal of Lanham Act and tortious interference...more

McDermott Will & Schulte

Patent disclosure erases trade secret protection

Addressing the boundary between patent disclosures and trade secret protection, the US Court of Appeals for the Federal Circuit reversed a jury’s findings of trade secret misappropriation, breach of contract, and improper...more

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