News & Analysis as of

Business Litigation

Protecting the Privacy of Privileged Internal Investigations

by Pepper Hamilton LLP on

Internal investigations by outside counsel are an essential tool for corporations to ensure they are compliant with governing regulations and statutes, particularly when they are faced with allegations of potential...more

Trap for the Unwary: How A Manufacturer Can Assure Itself That New York Law Will Apply To Its Contracts

We review a lot of manufacturing contracts for our clients. As most people know, there are often clauses that dictate what law will apply if there is a dispute (a.k.a. “choice of law” clauses) and where that dispute will be...more

Divorcing Husband Not Smiling Over Court’s Rejection of Ownership Interest in Wife’s Dental Practice

by Farrell Fritz, P.C. on

The self-proclaimed entrepreneur and guiding force behind his soon-to-be ex-wife’s highly successful, multi-office pediatric dental practice known as Kiddsmiles is not smiling after the court in Savel v Savel, Short Form...more

Is Customer Information A Trade Secret? Not So Fast!

by Farrell Fritz, P.C. on

Under what circumstances do customer information and business operations constitute “trade secrets” that may be enjoined from use by a former employee ? A recent decision by Justice Elizabeth H. Emerson on this issue serves...more

Second Circuit Affirms Arbitration Award Finding No Disregard Of Merger Agreement Or Manifest Disregard Of Delaware Law

by Carlton Fields on

In a summary order, the Second Circuit affirmed a judgment confirming an arbitral award of damages for breach of a merger agreement between respondents Sirona Dental Systems, Inc. and Arges Imaging Inc. (“Sirona”) and...more

Large Complex Case List Piloted in the New York Commercial Division

As reported in this blog on July 24, 2017, the Administrative Board of the New York Unified Court System has been considering a proposal to pilot a “Large Complex Case List” in the New York County Commercial Division. On...more

SCOTUS Limits Jurisdictions Where Corporations Can Be Sued

by Rumberger Kirk & Caldwell on

With its recent opinion in BNSF Railway Co. v. Tyrrell, the United States Supreme Court reaffirmed the strong position that it took in Daimler AG v. Bauman with respect to general jurisdiction, leaving no doubt that a...more

Litigating in Ontario

by Dickinson Wright on

As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand...more

Clawing Back Secrets After Shane Group

It is clear by now that the federal courts in Tennessee are not a safe place for most sensitive business information. Legitimate trade secrets are safe. Well-established privileges (e.g., attorney-client privilege) still...more

Finding Foreign Service Difficult? Look for the Defendant on Facebook

by Pepper Hamilton LLP on

Your company has entered into a contract with a smaller, foreign company to do business. While your relationship starts off strong, it quickly sours when you discover that the smaller company’s quality standards do not meet...more

Leaving the Contractual Term “Voting Power” Undefined Could Be Risky Business

What does the contractual term “voting power” mean? Does it refer only to the power to elect corporate directors, or does it refer to the power to vote on any fundamental matter of corporate governance? Is voting power an...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Lyft, armed with a fresh billion from Google’s venture investment arm (CapitalG), is looking seriously at a 2018 IPO. The CapG money raises Lyft’s valuation from $6.9 billion to more than $10 billion....more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

American Express Chair and CEO Kenneth Chenault announced that he’s stepping down next year after 16 years at the helm of AmEx. He’ll be succeeded by Vice Chair Stephen Squeri....more

Jurisdictional Discovery: When and Why It’s Available

by Farrell Fritz, P.C. on

Personal jurisdiction analysis is often the enemy of 1L’s tackling that doozy of a CivPro exam. Outside of that 10-page fact pattern requiring consideration of Helicopteros Nacionales de Colombia, SA v. Hall, International...more

Incorporation Condition In Confidentiality Agreement Upheld In Books And Records Action

by Fox Rothschild LLP on

In the recent DGCL Section 220 books and records decision of The City of Cambridge Retirement System v. Universal Health Services, Inc., C.A. No. 2017-0322-SG (Del. Ch. Oct. 12, 2017), the Court of Chancery considered the...more

Much-Needed TCPA Reform Would Support Small Businesses and Spur Economic Benefits

by Hogan Lovells on

Growing evidence suggests that existing Telephone Consumer Protection Act (“TCPA”) compliance challenges, and the current TCPA litigation landscape, are increasingly a threat to many U.S. companies – particularly small...more

Has Rule 11-c Made Nonparties’ Yoke Easy and Burden Light When It Comes to e-Discovery?

by Farrell Fritz, P.C. on

As we have come to expect, the Commercial Division Advisory Council periodically makes recommendations to amend and/or supplement the Rules of the Commercial Division, many of which are eventually adopted following a...more

Business Litigation E-Note - September 2017

by Burr & Forman on

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016...more

Business Litigation Alert: "Is the Litigation Climate in Texas Really Business Friendly?"

by Porter Hedges LLP on

The U.S. Chamber of Commerce recently released its 2017 Lawsuit Climate Survey. The survey ranks each state according to how “litigation-friendly” it is towards businesses based on the “perception” of those businesses. ...more

Instant Litigation; A Bus You Cannot Ride And A Really Big Switch

by SmithAmundsen LLC on

My wife is an executive with a large corporation. Recently she asked me if "instant litigation" was a legal term. I was surprised. I told her no, but I wondered what "instant" litigation might be. Was it a powder or maybe a...more

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

by Ward and Smith, P.A. on

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state...more

Arbitration: a new forum for business and human rights disputes?

by Hogan Lovells on

As the international community turns its focus to the third pillar of the UN Guiding Principles on Business and Human Rights – “Access to Effective Remedy” is the central theme of the upcoming 2017 UN Forum on Business and...more

Court Of Chancery Addresses The Need For Legally-Distinct Co-Conspirators Under A Conspiracy Theory Of Jurisdiction

by Morris James LLP on

The general rule is that personal jurisdiction based on a conspiracy theory cannot rely on allegations of an individual officer conspiring with his corporate employer. There is a possible exception, however, when the officer...more

Why Can't Litigation Fix What Is Broken

by SmithAmundsen LLC on

Years ago I had a client in a cutthroat business. They sold a product which was a commodity consumed by businesses. Competition was on service and service could only be so good. His competitors were bona fide bad guys. ...more

Court Of Chancery Upholds Claim Based On Low-Ball Self Tender

by Morris James LLP on

Buttonwood Tree Value Partners L.P. v. R.L. Polk & Co. Inc., C.A. No. 9250-VCG (July 24, 2017) - This an interesting decision because it upholds a claim that the controllers of a Delaware corporation breached their...more

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