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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:
White & Case LLP

Federal Circuit applies unforgiving standard for accrual of statute of limitations on DTSA claims

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On May 28, 2026, the US Court of Appeals for the Federal Circuit overturned a $59 million damages award for trade secret misappropriation under the Defend Trade Secrets Act (“DTSA”) on statute of limitations grounds....more

Ward and Smith, P.A.

Bad Faith and Unfair Trade Practices Claims Against Insurers in North Carolina: What Policyholders Need to Know

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For many North Carolina business policyholders, this experience is more than a contractual dispute. It may be evidence of bad faith (i.e., a failure by the insurer to deal fairly and honestly with the very people it...more

Parker Poe Adams & Bernstein LLP

North Carolina Supreme Court Revives Trade Secret Misappropriation Claims Based on Evidence Spoliation

When an employee leaves to join a competitor, the former employer may have concerns that the employee will use its proprietary and confidential business information to assist that competitor. ...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Ontario reconnaît la fraude comme fondement autonome de la responsabilité des administrateurs

Il est bien établi en droit canadien que la responsabilité personnelle des administrateurs et dirigeants ne peut être retenue pour les actes de l’entreprise, sauf dans des circonstances justifiant la levée du voile...more

MoFo Tech

AI Practices To Protect Trade Secrets Amid Unstable Case Law

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A growing body of law indicates that inputting proprietary information into public artificial intelligence tools may undermine the reasonable measures and confidentiality requirements that are central to trade secret...more

Miller Nash LLP

Scam Likely: Better Call Vendor

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Welcome to the third installment of our “Scam Likely” series. In our prior posts, we examined bank impersonation scams and romance scams; here, we turn to a threat that hits even closer to home: invoice fraud. The Set Up...more

A&O Shearman

Imaging orders in UK employment disputes

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Employers whose competitive advantage depends on proprietary technology, engineering know-how, trade secrets or sensitive commercial data are among the most exposed when a key employee departs for a competitor. The risk is...more

McDermott Will & Schulte

Trade secret owner may pursue unjust enrichment damages despite licensing history

The US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, and vacated in part a district court’s post-trial rulings in a trade secret and contract dispute, finding that a trade secret plaintiff may...more

The Volkov Law Group

How Do Undisclosed Relationships Turn Into Major Corruption Cases?

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The biggest cases of corruption and fraud often have their roots in the soil of conflicts of interest. Many major corruption cases begin with something companies initially dismiss as just a conflicts issue....more

A&O Shearman

Mass claims in Germany: BGH sets new boundaries for bundled antitrust claims - What defendants need to know

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On 12 May 2026, the German Federal Court of Justice (Bundesgerichtshof, BGH) drew the line on how far mass claims aggregation can go (case no. KZR 6/24 – Sammelklage-Inkasso). The case involved bundled cartel damages...more

Knobbe Martens

Access Plus Similarity Starts the Clock for Trade Secret Misappropriation Claims

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Insulet Corp. v. EOFlow, Co. Ltd. - Before Dyk, Prost, and Reyna. Appeal from the United States District Court for the District of Massachusetts. A trade secret misappropriation claim accrues when the plaintiff knew or should...more

Kennedys

Go ahead, disprove my case! – Section 52 of the Wrongs Act 1958 (Vic), hypothetical counterfactuals and the onus of proof

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Danbol Pty Ltd v ACN 007 198 343 Pty Ltd [2026] VSC 305 22 May 2026 - Key background facts - The defendant was the plaintiff’s (insured) insurance broker. The insured was at all material times the owner of a large...more

ArentFox Schiff

Federal Circuit Reverses $59 Million Jury Verdict in Omnipod® Trade Secret Case as Time Barred Under the ‘Knew or Should Have...

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In a 2-1 decision authored by Judge Timothy B. Dyk, the Federal Circuit reversed a jury verdict awarding Insulet Corporation over $59 million in compensatory and exemplary damages for trade secret misappropriation under the...more

Foley Hoag LLP

Litigating Trade Secret Claims Focused on Generative AI

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AI systems pose distinct challenges for pleading and responding to trade secret misappropriation claims. Their models and code are complex, adaptive, and often opaque. Courts, however, increasingly require plaintiffs to...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Insulet Corp. v. EOFlow, Co. Ltd.

Insulet Corp. v. EOFlow, Co. Ltd., Appeal No. 2025-1807 (Fed. Cir. May 28, 2026) - In the Federal Circuit’s only precedential patent decision this week, the Federal Circuit considered a trade secrets case in a 47-page...more

Kohrman Jackson & Krantz LLP

Supreme Court Opens Door to Negligent-Hiring Claims Against Freight Brokers

The United States Supreme Court’s unanimous decision in Montgomery v. Caribe Transport II, LLC is a significant ruling for freight brokers, motor carriers, shippers, logistics companies and businesses that rely on third-party...more

Baker Donelson

[Webinar] Negligent Selection After Montgomery v. Caribe: What Every Logistics Broker Needs to Know - June 9th, 1:00 pm - 2:00 pm...

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The Supreme Court's decision in Montgomery v. Caribe has reshaped the standard of care logistics brokers owe when selecting motor carriers – and, with it, the exposure brokers and carriers face in negligent hiring and...more

Clark Hill PLC

Texas Liquor Laws and the 2026 World Cup: What Bars and Restaurants Need to Know

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Despite the tournament bringing roughly 500,000 visitors to Texas across nine matches at “Dallas Stadium” (the FIFA-rebranded AT&T Stadium in Arlington) and seven at Houston’s NRG Stadium, plus the free FIFA Fan Festival...more

Kilpatrick

RICO class actions – Northern District of Georgia dismisses federal RICO claims with prejudice

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A civil RICO claim – especially one framed as a putative class action – can be a powerful cause of action because the civil remedies for RICO violations include treble damages and mandatory fee-shifting....more

Hicks Johnson

Texas Business Court Rejects Fiduciary Duty Claims That Go Beyond the Pleadings

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The Texas Business Court’s decision in Enosis Investments, LLC v. Jensen turns on a simple point: Fiduciary duties depend on what is pleaded. The case arises out of a real estate development project structured through a...more

Freiberger Haber LLP

Fraud Allegations Dismissed Due To Bankruptcy Non-Disclosure

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What happens when a business owner believes he’s been misled about the value of his company, only to have his claims dismissed not on their merits, but because of a procedural misstep years earlier? A recent decision from the...more

Carlton Fields

SDNY Dismisses Challenge to First-Party Property Policy’s Anti-Public Adjuster Endorsement

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In a recent decision, Barbato v. Interstate Fire & Casualty Co., the U.S. District Court for the Southern District of New York dismissed, with prejudice, a suit brought by a public adjusting company challenging the insurers’...more

Kennedys

The United States Supreme Court taketh and the Texas Supreme Court giveth

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On May 14, 2026, the United States Supreme Court ruled unanimously (9-0) in Montgomery v. Caribe Transport II that federal law does not shield freight brokers from state-level negligent hiring lawsuits under the Federal...more

Farella Braun + Martel LLP

When You Have a Basis To File a Trade Secret Lawsuit

In Insulet Corp. v. EOFlow, Co. Ltd., the Federal Circuit decided the fascinating question of when the statute of limitations begins to run on a trade secret case. In this case, the court found that Insulet had a basis to...more

Flaster Greenberg PC

Supreme Court Decision Likely to Increase Broker Litigation and Insurance Costs

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The Supreme Court held that freight brokers no longer can use the Federal Aviation Administration Authorization Act (49 U.S.C. § 14501, “FAAAA”) as a defense against personal injury lawsuits, increasing broker exposure to...more

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