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When a co-shareholder purchases the debt obligations of the company without partners' knowledge
#WorkforceWednesday®: Trade Secret Litigation - Lessons from High-Stakes Group Exits - Spilling Secrets Podcast - Employment Law This Week®
In Diem-II, LLC and Diem-III, LLC v. Maisonette (Mar. 4, 2026), the Delaware Court of Chancery, at the pleading stage of litigation, rejected dismissal of the plaintiffs’ claims that they had been fraudulently induced to...more
False and misleading advertising campaigns can have significant consequences for competitors. Whether a company’s deceptive practices relate to its own products or services, a competitor’s products or services, or a...more
Online marketplaces create enormous opportunities for businesses to attract more customers and sell in previously unreachable markets. But the ecommerce landscape also makes it easier for counterfeit goods and unauthorized...more
Businesses often face situations where their information, relationships, or brand may be at risk. In those moments, the decision is not simply whether misconduct occurred, but how to respond in a way that protects the company...more
On April 1, 2026, the U.S. Commodity Futures Trading Commission (the “CFTC” or the “Commission”) announced that the U.S. District Court for the Southern District of New York entered a supplemental consent order (“the...more
Most companies say they protect their trade secrets. In practice, most protect confidential information instead, and the law treats those two things very differently. Confidential information is a broad category with some...more
The Delaware Supreme Court’s 2024 decision in In re Mindbody, Inc., Stockholder Litigation and other decisions limited aiding and abetting liability for arms’ length acquirers, holding that an acquirer’s passive failure to...more
Before you file a lawsuit, Texas law gives you a powerful but underutilized tool: the ability to investigate potential claims under oath – without filing suit first. Texas Rule of Civil Procedure 202 authorizes pre-suit...more
The Theory of Dilution Crosses the Pond - The origin story for the cause of action of “dilution” in the United States begins with Frank Schechter’s 1927 Harvard Law Review article, Rational Basis of Trademark Protection....more
In a distribution territory dispute, the Fourth Circuit Court of Appeals held that a Maryland Federal District Court properly considered parol evidence and reasonably found that the distributor’s territory encompassed an...more
The Ninth Circuit affirmed a jury verdict finding that an eye drops manufacturer unlawfully favored Costco and Sam’s Club over smaller wholesalers. LA Int’l Corp. v. Prestige Brands Holdings, Inc., 168 F.4th 608 (9th Cir....more
The U.S. District Court for the Central District of California granted a motion to strike class allegations against PepsiCo, Inc. and its snack food subsidiary, Frito-Lay North America, Inc. in a putative class action brought...more
The "retailization" of private credit markets has received significant media attention. As access to private markets becomes more democratized, there has been a corresponding increase in scrutiny, with recent litigation and...more
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
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
Those of us living in the middle of the Sandwich Generation know that the role is rarely just about caretaking and logistics. It is about judgment, advocacy, and sometimes the uncomfortable responsibility of questioning what...more
In YWCA of Rochester and Monroe Cty. v. Hatteras Funds (Mar. 27, 2026), the Delaware Court of Chancery, at the pleading stage of litigation, found that an investment manager (serving as a general partner of the master fund of...more
In KSFB Mgt., LLC v. Goldman Sachs & Co., LLC, 2026 N.Y. Slip Op. 02064 (1st Dept. Apr. 7, 2026), the Appellate Division, First Department, affirmed dismissal of claims alleging breach of contract, breach of the implied...more
On April 2, 2026, the Federal Trade Commission (FTC) and Maryland Attorney General’s Office announced they had settled a lawsuit brought by the agencies against a dealer group based in Maryland for alleged deceptive...more
Over the last decade, the implementation of numerous safety mechanisms in vehicles has reduced the number of motor vehicle accidents nationwide. As a result, personal injury firms across the United States have begun pivoting...more
What employers should know about key developments this week: • Artificial Intelligence (AI) Conversations Are Not Privileged: In United States v. Heppner, a federal judge found that conversations with an AI tool are not...more
What happens when your departing CEO has been secretly building a competing product on your dime? In Intellimedia Limited Partnership v Jawad, 2026 ABKB 247, the Court of King’s Bench of Alberta (the “Court”) answered that...more
Most people know the opening chant of Disney's "The Lion King," even if they can't quite place the words. That chant, "Nants'ingonyama bagithi Baba," was composed and originally performed in 1994 by Grammy-winning South...more
GP-led secondary transactions continued to soar in popularity in 2025. With mixed economic indicators potentially impeding other kinds of private equity exit events, the uptick in continuation funds shows no signs of slowing...more
Ontario appellate courts continue to underscore that civil conspiracy claims must observe principles of corporate separateness. In Cervantes v. Pizza Nova Take Out Ltd., 2026 ONSC 713, the Ontario Divisional Court reaffirmed...more