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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:
Farrell Fritz, P.C.

Persistence, Procedure, and Default: Lessons from ACM MCC VI LLC v. Able Liquidation Three & Thomas Rossi

Farrell Fritz, P.C. on

On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling in ACM MCC VI LLC v. Able Liquidation Three, Thomas Rossi, et al., granting a...more

Proskauer - Trade Secrets

Tenth Circuit Affirms Dismissal of Trade Secret Claims for Lack of Particularity and Secrecy

On April 22, 2025, the Tenth Circuit affirmed summary judgment in favor of a sales manager and his new employer on claims under the Defend Trade Secrets Act (“DTSA”), the Oklahoma Uniform Trade Secrets Act (“OUTSA”), and...more

McDermott Will & Emery

No Protectable Code: No Literal or Nonliteral Copying

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The US Court of Appeals for the Eighth Circuit affirmed a district court’s ruling that a plaintiff failed to establish copyright protection for its software platforms, drawing a distinction between “literal” copying (direct...more

Allen Matkins

Complaint Need Not Allege Fraud, Misrepresentation, Or Deceit To Be "Based Upon" A Corporation’s “Fraud, Misrepresentation or...

Allen Matkins on

In 2002, the California Legislature created the Victims of Corporate Fraud Compensation Fund as part of the Corporate Disclosure Act. There are a number of conditions that must be met to receive a payout from the fund.  One...more

Polsinelli

Landmark Texas Supreme Court Case Finds No “Direct Liability” for Franchisor Arising Out of Franchisee Employee’s Actions

Polsinelli on

On May 2, 2025, the Texas Supreme Court reversed a Texas Court of Appeals’ decision that had affirmed a jury’s verdict finding a franchisor directly liable to the customer of a franchisee for actions undertaken by the...more

Mintz

Colorado Supreme Court Allows Climate Tort Litigation to Proceed

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On May 12, 2025, in a 5-2 decision, the Colorado Supreme Court held that the tort claims brought by local governments in Colorado against major fossil fuel companies concerning damages stemming from climate change could...more

WilmerHale

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

WilmerHale on

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

Littler

Tenth Circuit Affirms Summary Judgment Due to Plaintiff’s Failure to Sufficiently Establish Existence of Trade Secrets

Littler on

The Tenth Circuit’s  recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and...more

Ervin Cohen & Jessup LLP

California Supreme Court Strikes Willful Injury Limitation in BBQ Sauce Manufacturing Dispute

On April 24, 2025, the California Supreme Court ruled unanimously that a contract provision restricting liability for willful injury was unenforceable under California Civil Code section 1668. This decision was in response to...more

Venable LLP

To Be or Not to Be...Discoverable: Third-Party Litigation Funders

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Should California courts permit litigants to conduct discovery into litigation funding, namely whether a third party is funding their adversary’s litigation efforts?...more

McDermott Will & Emery

RAW Confusion? No Error Where Trial Court Declines to Clarify Agreed Jury Instruction

The US Court of Appeals for the Seventh Circuit affirmed a district court’s jury verdict that found trade dress infringement and liability under state deceptive practices law, and the court’s order entering a nationwide...more

Searcy Denney Scarola Barnhart & Shipley

When Cargo Becomes a Weapon: The Hidden Dangers of Improperly Loaded Trucks in Florida

For many, the first thing that comes to mind when thinking about truck accidents includes images of jackknifed 18-wheelers and speeding semis. But, did you know that the leading, yet overlooked, cause of truck-related...more

Cadwalader, Wickersham & Taft LLP

Watch Out for Auto-Delete: Delaware Court of Chancery Sanctions Former Meta Officer for Deleting Personal Emails

In a recent decision, In re Facebook Inc. Derivative Litigation, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery imposed litigation sanctions on a former officer and director of Meta Platforms, Inc....more

Venable LLP

California Supreme Court Finds Parties Cannot Contract Away Liability for Willful Injury

Venable LLP on

On April 24, 2025, the California Supreme Court held that contract clauses that limit damages for injuries caused by willful tortious conduct are prohibited by Section 1668 of the California Civil Code....more

Epstein Becker & Green

Trade Secrets on Trial: Strategic Decisions for the Courtroom - Employment Law This Week® - Spilling Secrets Podcast

This week, on our Spilling Secrets podcast series, our panelists discuss the ins and outs of trying trade secret cases in a courtroom: What’s the secret to winning a trade secret trial? Find out in this compelling episode of...more

ArentFox Schiff

Companies Should Stop and Read the Tea Leaves After Latest False Advertising Verdict

ArentFox Schiff on

While we have previously written on Federal Trade Commission (FTC) enforcement of “Made in America” claims, a recent jury verdict shows that manufacturers should also be wary of potential consumer claims....more

Parker Poe Adams & Bernstein LLP

Georgia's Tort Reform: A Game Changer for Businesses and Litigation Practices

The Georgia legislature has passed a sweeping tort reform package aimed at reducing litigation costs, curbing excessive jury awards, and increasing transparency in civil lawsuits in Georgia state and superior courts....more

Lathrop GPM

Colorado Supreme Court Clarifies - a Bit - the Economic Loss Rule

Lathrop GPM on

In a case that could have far reaching implications for business and construction litigation, the Colorado Supreme Court issued an opinion on April 21, 2025, providing some greater clarity on the economic loss rule under...more

Farrell Fritz, P.C.

Bless This Mess: New York Court Shuts Down Attempted Early Ouster of Restauranteur From Managing His Own Restaurant

Farrell Fritz, P.C. on

It is not uncommon in the restaurant business for a restauranteur to partner with a silent-partner investor, i.e. the money guy. It’s not uncommon for the restaurant partners to fight over the control of the restaurant....more

Wilson Sonsini Goodrich & Rosati

Telehealth Companies Sued for Selling Compounded GLP-1 Drugs and Violations of Corporate Practice of Medicine Laws

Branded drug manufacturers, including Eli Lilly and Company (Eli Lilly), have been pursuing various legal actions against compounding pharmacies and telehealth companies that provide compounded diabetes and weight-loss drugs,...more

Lathrop GPM

Ohio Federal Court Dismisses Franchisees’ Class Action Against Luxottica

Lathrop GPM on

A federal court in Ohio dismissed a putative class action brought by franchisee-eyewear sellers against their franchisor, Luxottica of America. Brave Optical, Inc. v. Luxottica of Am. Inc., 2025 WL 962827 (S.D. Ohio Mar. 31,...more

Clark Hill PLC

California Supreme Court holds that limitations of liability provisions are unenforceable for willful conduct under Civil Code...

Clark Hill PLC on

In response to a request from the Ninth Circuit Court of Appeals to interpret the scope of California Civil Code section 1668 and its rule that parties may not contract away liability for “willful injury to the person or...more

McDermott Will & Emery

PointClickCare Denied En Banc Hearing to Overturn PI

On April 23, 2025, the US Court of Appeals for the Fourth Circuit denied PointClickCare Technologies, Inc.’s petition for en banc review in Real Time Medical Systems, LLC v. PointClickCare. A Fourth Circuit panel previously...more

Perkins Coie

Notable Ruling Roundup

Perkins Coie on

Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space....more

Lathrop GPM

New York Federal Court Denies Summary Judgment on Franchise Sale Fraudulent Misrepresentation Claim

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A federal court in New York recently denied a franchisor’s motion for summary judgment on a franchisee’s claims for fraudulent misrepresentation. Cmty. Care Companions, Inc. v. Interim Healthcare, Inc., 2025 WL 929407...more

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