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Dorsey & Whitney LLP

Ninth Circuit Revives Trademark Dispute After Monster Energy Refused to Throw in the Towel

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The Ninth Circuit recently revived Monster Energy Company’s (“Monster Energy”) trademark and trade dress dispute against a company that markets camping equipment under the mark 4MONSTER. Monster Energy owns the well-known...more

ArentFox Schiff

Court Lets BDO’s Trade Secrets Lawsuit Against Ankura Move Forward

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The plaintiff, BDO USA, P.C. is an accounting and professional services advisory firm. The defendants are Ankura Consulting Group, LLC, Ankura’s CEO Kevin Lavin, and Phuoc Vin Phan....more

Whiteford

Client Alert: When Trust Turns to Deceit: A Playbook for Financial Misconduct and Internal Investigations

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In an era of heightened regulatory scrutiny and unforgiving stakeholder expectations, internal investigations conducted on behalf of for-profit and not-for-profit organizations focused on employee embezzlement and financial...more

Freiberger Haber LLP

Breach of Fiduciary Duty: Issues of Fact and The Continuous Wrong Doctrine

Freiberger Haber LLP on

In today’s article, we examine Hofman v. Braun, 2025 N.Y. Slip Op. 34102(U) (Sup. Ct., N.Y. County Oct. 24, 2025) (here), a case addressing the statute of limitations for a breach of fiduciary duty claim and the continuous...more

Epstein Becker & Green

Service and Justice: Veterans in Law – Speaking of Litigation Video Podcast

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This Veterans Day, Speaking of Litigation brings you a special episode featuring Epstein Becker Green attorneys Stuart Gerson, Jack Fernandez, Ron Green, and Ken Kelly, who share their unique journeys from military service to...more

Hogan Lovells

The Economic Crime Survey 2024: A Wake-Up Call for Corporate Britain

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A new government survey published on 5 November 2025 shows that external fraud against UK businesses is both widespread and under-recognised, revealing a persistent gap between corporate controls and confidence in their...more

Ward and Smith, P.A.

Litigation, Insurance, and Business Losses: The Many Costs of Hiring Bad Drivers

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In North Carolina, a business can be held liable under the legal doctrine of negligent entrustment if it allows an employee to drive a company vehicle when the business knew—or should have known—that the driver was unfit or...more

Ward and Smith, P.A.

Friend or Fraudster: How a Contractor Scam Artist Drove a Company Into Bankruptcy

Ward and Smith, P.A. on

When Maria Brown-Lindsey and her brother inherited multiple rental properties in North Carolina upon their father's death in 2013, they saw an opportunity. The properties could be rented more profitably if they were repaired...more

Miller Canfield

Patented, Proprietary, or Problematic? Supreme Court Declines to Resolve Circuit Split on Lanham Act False Advertising Claims

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On October 6, 2025, the U.S. Supreme Court declined to review the Federal Circuit’s decision in Crocs, Inc. v. Double Diamond Distrib., Ltd., et al., leaving a circuit split regarding Lanham Act false advertising claims...more

King & Spalding

Ohio Supreme Court Says Creditors Do Not Have an Affirmative Duty to Disclose Facts That Materially Increase Risk to a Surety

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On August 20, 2025, the Ohio Supreme Court clarified the obligations of lenders and guarantors in arm’s-length financial transactions and declined to adopt the obligations set out by Section 124(1) of the Restatement (First)...more

Jenner & Block

Ninth Circuit Holds DTSA Does Not Require Plaintiffs to Identify Trade Secrets with Particularity Before Discovery, but Courts...

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In Quintara Biosciences Inc. v. Ruifeng Biztech Inc., the Ninth Circuit held that, unlike certain state trade secret statutes, the federal Defend Trade Secrets Act (DTSA) “does not require a plaintiff to identify with...more

McDermott Will & Schulte

When patent law meets free speech: Anti-SLAPP appellate jurisdiction

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The US Court of Appeals for the Federal Circuit determined that it had jurisdiction over an interlocutory appeal from a district court’s denial of a California anti-SLAPP (Strategic Lawsuit Against Public Participation)...more

Morgan Lewis

French Code of Civil Procedure Article 145: A Crucial Mechanism for Evidence Gathering in French Litigation

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Article 145 of the French Code of Civil Procedure allows claimants to request investigative measures “in futurum” (i.e., with a prospective view to future proceedings on the merits) provided that certain conditions are...more

Kohrman Jackson & Krantz LLP

Peanut Butter, Jelly & Litigation: Smucker’s Uncrustables Versus Trader Joe’s Crustless Sandwiches

In a lawsuit about sandwiches, the legal implications are anything but soft, and the stakes are high. The J.M. Smucker Company filed a federal lawsuit against Trader Joe’s, alleging that the grocery chain’s crustless peanut...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: September 2025

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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

Benesch

Jack Nicklaus’s $50M Redemption and The Limits of The Litigation Privilege

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On October 21, a jury in West Palm Beach awarded $50M to one of the most revered and recognizable players in professional golf history, Jack Nicklaus. The award compensated Nicklaus for harm done to his reputation as a result...more

Bradley Arant Boult Cummings LLP

New Allegations Trigger Insurance Coverage Despite “Prior Knowledge” and “Prior and Pending Litigation” Exclusions

A recent coverage decision by the Delaware Superior Court in Motive Technologies, Inc. v. Associated Industries Insurance Company shows that examining the full timeline of allegations in a lawsuit can defeat policy exclusions...more

DarrowEverett LLP

Open Floodgates to Personal Injury? RICO Claims Post-Horn

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The Racketeer Influenced and Corrupt Organizations Act (“RICO”) is well known for having outgrown its original purpose. No longer a mere tool for prosecuting the mob, today it casts a net over a range of garden variety...more

Foley & Lardner LLP

Federal Courts Continue to Take Different Approaches to Trade Secret Identification Under the DTSA

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Properly pleading a federal claim for trade secret misappropriation can be a tricky endeavor. Since the Defend Trade Secrets Act (DTSA) was enacted in 2016, many federal courts have required plaintiffs to identify their...more

Proskauer - Trade Secrets

Tenth Circuit Clarifies Distinction Between “Ownership” and “Possession” in Trade Secret Claims

The Tenth Circuit recently held that an employee who failed to take adequate steps to protect confidential business information could not maintain claims against his former employer for trade secret misappropriation under...more

Cranfill Sumner LLP

North Carolina Business Court Weighs in on Business Breakups and Fiduciary Claims

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The North Carolina Business Court recently issued an opinion in Carolina Medical Partners, PLLC v. Shah. The case involves a flurry of litigation arising out of the breakup of a medical practice and allegations of impropriety...more

King & Spalding

Accountability in Action: Personal Liability of Directors and Managers Reinforced under UAE and Saudi Law

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Corporate governance in the United Arab Emirates (“UAE”) and the Kingdom of Saudi Arabia (“KSA”) has seen significant evolution in recent years, with a stronger focus on accountability, transparency, and the enforcement of...more

A&O Shearman

Southern District of Indiana Grants Motion to Dismiss Sherman Act Claims in Pet-Retail Antitrust Case

A&O Shearman on

On October 7, 2025, Judge James Patrick Hanlon of the United States District Court for the Southern District of Indiana granted in part and denied in part a brand name manufacturer of topical flea-and-tick products’ (the...more

Jenner & Block

Anti-Reliance Clauses in Delaware M&A: Pearce v. NeueHealth and Comparative Perspectives

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Recent Delaware cases, including Pearce v. NeueHealth (2024) and Trifecta Multimedia Holdings v. WCG Clinical Services (2024), make clear that parties in M&A deals remain exposed to fraud claims when anti-reliance clauses are...more

Houston Harbaugh, P.C.

Defending the Algorithm™: A Bayesian Analysis of AI Litigation and Law: Trade Secrets and AI — Calculating the Odds of Protection

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How Businesses Can Protect Innovation in the Age of Machine Intelligence. In our continuing Defending the Algorithm™ series examining AI litigation and emerging risks, we now turn to trade secret protection. Following the...more

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