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Today, the United States Supreme Court released its decision in Montgomery v. Caribe Transport II, LLC, et al., unanimously holding that the Federal Aviation Administration Authorization Act of 1994 (the “FAA Authorization...more
To assert a claim for fraud in New Jersey, a plaintiff must show (1) a material misrepresentation of a presently existing or past fact, (2) knowledge or belief by the defendant of its falsity, (3) an intention that the other...more
In Montgomery v. Caribe Transport II, LLC, No. 24-1238 (U.S. May 14, 2026), the U.S. Supreme Court issued its decision addressing whether negligent selection claims against transportation brokers are preempted by federal law....more
In a unanimous decision released May 14, 2026, the U.S. Supreme Court held that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt state-law claims that a freight broker negligently selected an...more
In a unanimous decision issued Thursday, the United States Supreme Court ruled that state-law negligent-hiring claims against transportation brokers are not preempted by the Federal Aviation Administration Authorization Act...more
Auditor negligence claims are rarely won on breach alone. In Wine Enterprise v Crowe, the English High Court focused on whether a different audit approach would realistically have changed the company’s trajectory, and on the...more
On April 15, 2026, the New Jersey Appellate Division issued an important decision in Gonzalez v. DiBello, et al., A‑2334‑24 (App. Div. Apr. 15, 2026), affirming summary judgment in favor of a transactional attorney accused of...more
What employers should know about key developments this week: • Arbitration Agreement Drafting Pitfalls: Vague or imprecise language regarding discovery, confidentiality, neutrality, and mutuality can hand employees a...more
In Shareholder Representative Services LLC v. Sphera Solutions, Inc. (Mar. 31, 2026), a Magistrate for the Court of Chancery, in a letter decision, at the pleading stage of the litigation, declined to dismiss the plaintiff’s...more
On April 2, 2026, the Washington Supreme Court issued a decision in Montes v. SPARC Group LLC, holding that a consumer who purchases a product at a discounted advertised price, and receives exactly what was advertised, does...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
Key Takeaways - AI agents can harvest, synthesize, and exfiltrate trade secrets through more than a dozen evasion techniques that generate no conventional security alert....more
This week, we take a break from our regular coverage of recent developments in business divorce caselaw in favor of a more enduring, slightly more scholarly debate. Don your herringbone, affix your spectacles, and retreat to...more
May 11, 2026 marks the tenth anniversary of the Defend Trade Secrets Act. The DTSA created a federal civil cause of action for trade secret misappropriation, giving companies across the country a powerful new tool to protect...more
In a dispute over alleged misappropriation of systemwide advertising funds, a North Carolina superior court permitted franchisees to proceed with claims against their franchisor but dismissed claims against the franchisor’s...more
The Rise of Trade Secret Litigation - Over the past decade, trade secret litigation filings have grown substantially. Several key drivers have fueled this increase. First, the enactment of the Defend Trade Secrets Act...more
Can a warranty cross the line into an actionable misrepresentation? The answer: it depends on the drafting. A promise of equity - Gopher acquired Finalto in 2022, beating a consortium led by Finalto’s CEO and COO,...more
The Pennsylvania Supreme Court recently limited the scope of the Commonwealth’s Unfair Trade Practices and Consumer Protection Law (UTPCPL). Any company selling goods or services to Pennsylvania consumers should understand...more
In complex commercial disputes, fraud claims can be both powerful and perilous. They offer the potential for enhanced remedies and strategic leverage, but they also introduce heightened legal and evidentiary challenges that...more
People typically enter into business partnerships with the best of intentions. But when things go awry down the road, the minority partner may claim that the majority owner violated a fiduciary duty by failing to act in the...more
Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP, No. 439, 2024 (Del. Jan. 20, 2026) - This appeal addressed additional issues arising from Loews Corporation’s 2018 decision to cause a general partner to exercise...more
When business conditions are more volatile, litigation and enforcement risk increases. The forces currently challenging multinationals—from geopolitical upheaval and regulatory change to the development of artificial...more
In 2020, Appian Corp. sued Pegasystems Inc. for misappropriating over a dozen trade secrets through a government contractor who had access to Appian’s software. After a jury trial, in 2022, a Virginia jury awarded Appian with...more
In Johnson & Johnson v. Fortis Advisors LLC, the Delaware Supreme Court, in pertinent part, affirmed the Court of Chancery’s finding of extracontractual fraud in the earnout context against the buyer (J&J)....more
There are two commonly accepted survey formats used to measure likelihood of confusion: the Eveready format and the Squirt format. This article addresses the Eveready survey format....more