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
Whistleblower Challenges and Employer Responses: One-on-One with Alex Barnard
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
Courtroom Chemistry: How Trial Team Dynamics Shape Case Outcomes – Speaking of Litigation Video Podcast
When a co-shareholder purchases the debt obligations of the company without partners' knowledge
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Can trade dress protection keep pace with the dupe economy? As look‑alike products proliferate and skirt traditional counterfeiting rules, trade dress disputes have become a high‑stakes arena for brand owners. ...more
Papaya offers mobile gaming apps in which players can compete for the chance to win cash prizes. It advertised that players are “matched with other players within the same skill level” and that each game is “totally fair...more
INTERNATIONAL MEDICAL DEVICES, INC. v. CORNELL - Before Dyk, Reyna, and Taranto. Appeal from the United States District Court for the Central District of California - The Federal Circuit held under CUTSA that a purported...more
It is well-established that Canadian law shields directors and officers from personal liability for corporate acts, except in circumstances that justify piercing the corporate veil. In CHU de Québec-Université Laval v. Tree...more
I recently posted about another case where a company that developed a white-label software platform for a customer later sued that customer for trade secret misappropriation when the customer terminated the contract and then...more
For a company protecting and enforcing its intellectual property, patents and trade secrets are two very common and important forms of protection. However, these two types of IP can create tension with each other. In a recent...more
Fintech company MyCard Inc. dba as Knot filed an interesting and sprawling lawsuit against a competitor, Atomic F1. Of particular interest is the allegation that MyCard has caught Atomic F1 redhanded in copying MyCard's...more
Tata Consultancy Services (TCS) has asked the Supreme Court to weigh in on an issue that could have a profound effect on trade secret damages. TCS is questioning the Fifth Circuit's affirmance of $56 million of unjust...more
In my post from yesterday, I referred to a Tata Consultancy Services' trade secrets case where Tata is trying to get the unjust enrichment damages award stricken from its case based on an argument that, under the federal...more
