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Mayer Brown

The Future of Anti-Corruption Enforcement: Potentially Increasing State and Non-US Prosecutions as an Alternative to the FCPA

Mayer Brown on

On February 10, 2025, President Donald Trump signed an executive order instructing the United States Department of Justice (“DOJ”) to pause enforcement of the Foreign Corrupt Practices Act (“FCPA”) for a period of 180 days....more

McDermott Will & Emery

Not Secret and Not Used: Misappropriation Claim Dismissed

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The US Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment in favor of the defendants, finding that the plaintiff failed to identify a trade secret and presented no evidence of its use...more

McDermott Will & Emery

Ill-Gotten Gains: Unjust Enrichment Remedy Not Barred by Limitation of Liability Provision

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Examining the issue of trade secret misappropriation when parties have contractually limited their liability from breach, the US Court of Appeals for the Eleventh Circuit reversed the district court’s dismissal of the case,...more

Wiley Rein LLP

Ninth Circuit Affirms Ruling That Section 533 Bars Coverage for Defense Costs and Indemnity When Claims Broadly Allege Willful...

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The United States Court of Appeals for the Ninth Circuit, applying California law, has affirmed a district court’s determination that California Insurance Code § 533 barred indemnity and defense costs coverage for a lawsuit...more

Sheppard Mullin Richter & Hampton LLP

Fourth Circuit Rejects the Use of Short-Seller Report as a Basis for Satisfying Loss Causation Element in Securities Fraud Action

The United States Court of Appeals for the Fourth Circuit recently joined a growing consensus among federal appellate courts: short-seller reports, without more, rarely suffice to plead loss causation under the federal...more

Cozen O'Connor

Claims Notes: April 2025

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Comprehensive Tort Reform Bill Clears Georgia Legislature; Expected to be Made Law - The Georgia House of Representatives and Senate have passed a bipartisan, comprehensive tort reform bill. Governor Brian Kemp is expected...more

Ward and Smith, P.A.

Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

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This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025....more

Kelley Drye & Warren LLP

NAD Deflates Disparaging Claims

Tempur-Pedic ran ads on social media asking viewers whether they want a mattress ​“that inflates and deflates like a balloon. Because that’s how a Sleep Number mattress works. When you select your Sleep Number, you’re adding...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Issues New RICO Decision

The Supreme Court’s decision clarifies the civil damages provision of the Racketeer Influenced and Corrupt Organizations (RICO) Act. On April 2, 2025, the Supreme Court issued a decision in Medical Marijuana, Inc. v. Horn,...more

Ius Laboris

France Introduces a New Concept of ‘Institutional Psychological Harassment’

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The French Court of Cassation has introduced and defined a new concept of ‘institutional psychological harassment’ in what appears to be the conclusion of the so-called ‘France Télécom case’. The case, which commenced back in...more

Kelley Drye & Warren LLP

Shein Faces Class Action Over Influencer Posts

A recent class action asks how it’s possible that a Chinese company, with allegedly ​“no fashion designers or background, selling flea-market quality clothes, became a giant in the fast-fashion industry in the US?” The...more

Ward and Smith, P.A.

Preserve or Perish: The North Carolina Supreme Court Reinforces Rule 50 Specificity in Vanguard Pai Lung v. Moody

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While this requirement is not new, the Court’s decision formally adopts a line of Court of Appeals precedent that enforces this rule with precision, particularly in complex cases involving multiple claims or defenses. The...more

ArentFox Schiff

Ford Rears Bronco Head Against Vintage Modern for Trademark Infringement, False Advertising, and Unfair Competition

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Ford is seeking to stop an aftermarket restoration company from the alleged unauthorized use of the Bronco trademark and trade dress in connection with the rebuild of modern Ford Broncos. The case raises questions of whether...more

IR Global

Calculating Damages And Lost Profits – The Science Behind The Numbers

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In the complex world of civil litigation involving claims of lost business value or lost profits, accurately calculating economic damages is a critical part of successful outcomes. This article explores the multifaceted...more

Cadwalader, Wickersham & Taft LLP

From Mistake to Misconduct, April 2025 - Beyond the Boilerplate

The term “boilerplate” originates from the printing industry, where “boilerplate” referred to metal plates with standardized text used for newspapers and other publications. In legal documents and contracts, boilerplate...more

Kelley Drye & Warren LLP

Jury Awards Tea Drinkers $2.36 Million in Made in USA Dispute

In 2020, plaintiffs filed a class action complaint in California federal court against Bigelow Tea, alleging that the company falsely represents that its teas are made in the United States, when the tea leaves are actually...more

Alston & Bird

The Fourth Circuit Joins the Ninth Circuit in Curtailing Plaintiffs’ Use of Short Seller Reports to Plead Federal Securities...

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Our Securities Litigation Group examines the Fourth Circuit decision to limit plaintiffs’ use of short seller reports to plead federal securities claims....more

CDF Labor Law LLP

Intersection Between Defamation and Wrongful Termination Claims - California Court of Appeal Provides Clarification

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Employees who sue their former employer for wrongful termination following a workplace investigation may feel compelled to bring a claim for defamation, based on their belief that the allegations and/or investigation findings...more

Jackson Walker

Texas Supreme Court Clarifies Fiduciary Duties Between Business Partners

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The Texas Supreme Court has provided clarity on the fiduciary duties between business partners, particularly in the context of limited partnerships. The case, Bertucci v. Watkins, involved a dispute between two business...more

Harris Beach Murtha PLLC

Treble Economic Damages Now Available Under RICO Act in Personal Injury Cases

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was principally intended as a mechanism to combat organized crime. However, RICO’s scope is significantly broader than its anti-crime origin. The statute also...more

Dechert LLP

U.S. Supreme Court Holds RICO Does Not Bar Economic Damages Stemming From Personal Injury

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On April 2, 2025, a divided U.S. Supreme Court held that while the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) does not permit civil claimants to recover for personal injury, it also “does not preclude...more

Mitratech Holdings, Inc

Does a Connected Compliance Strategy Prevent Bullying at Work?

Nearly one in three employees (or 32%) of U.S. adults have experienced abusive conduct at work, according to the Workplace Bullying Institute’s 2024 National Survey....more

Kelley Drye & Warren LLP

Lawsuit Turns the Heat up on Celsius Influencer Campaign

Feeling a little sluggish, a woman in California went onto Instagram to see what other people were doing to give themselves a little energy boost. When she learned that three of the influencers she followed – Devon Windsor,...more

Allen Matkins

Unreasonableness Or Carelessness Is Insufficient To Prove Liability In Nevada

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Nevada's exculpatory statute, NRS 78.138(7), requires a plaintiff to both rebut a statutory presumption of good faith and prove a breach of fiduciary duty involving intentional misconduct, fraud, or a knowing violation of the...more

Bennett Jones LLP

Don’t Be the Next Victim of a BEC Scam

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Businesses are increasingly defrauded through common scams known as business email compromise scams (BEC scams) for which they do not have insurance to cover the resulting losses. Fortunately, there are easy-to-implement...more

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