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Business Litigation Misappropriation

Conyers

Beyond the Betrayal: Navigating Strategies for Victims of APP Fraud

Conyers on

Authorised Push Payment (“APP”) fraud, where victims are tricked into authorising payments to fraudsters, resulted in losses of £485.2m in 2022 and is reported to have risen by 22% in 2023. With consumer protection laws...more

Farrell Fritz, P.C.

A Potent Combo: Misappropriation of Corporate Opportunity Meets Faithless Servant

Farrell Fritz, P.C. on

Misappropriation of corporate opportunity is one of our favorite, most frequently blogged topics on New York Business Divorce. A special kind of breach of fiduciary duty, the corporate opportunity doctrine holds that...more

Conn Kavanaugh

When Collusion Proves Costly: A Cautionary Tale on Potential Penalties for 93A Violations

Conn Kavanaugh on

What happens when an individual, to benefit their own employer, solicits confidential corporate information held by a spouse or partner? A damages award in the several millions may be the result. In BioPoint, Inc. v....more

Farrell Fritz, P.C.

Misappropriated Watering Hole Becomes Money Judgment Sinkhole

Farrell Fritz, P.C. on

Occasionally, we come across post-trial decisions with such scathing rebuke of one side that it’s difficult to imagine why the loser ever chose to take the case to trial. O’Mahony v Whiston is a perfect example....more

Farrell Fritz, P.C.

A Reminder From The Commercial Division That Disloyalty Doesn’t Pay … Literally!

Farrell Fritz, P.C. on

It is no secret that employees are often the most likely people to misappropriate an employer’s confidential information or valuable trade secrets. In this particular situation, employers have many options at their disposal,...more

J.S. Held

The Role of Forensic Accountants in Measuring and Detecting Fraud in Employee Loss Claims

J.S. Held on

Insurance claims for employee losses are generally examined by insurance carriers. The carrier will often retain a forensic accountant who has the ability to measure employee losses. Employee losses are typically categorized...more

Farrell Fritz, P.C.

Conflicts of Laws and the Internal Affairs Doctrine

Farrell Fritz, P.C. on

The legal concept of “conflicts of laws” is difficult, to say the least, confounding even seasoned litigators and judges, with bulky treatises and entire law school classes devoted to the subject....more

Farrell Fritz, P.C.

Business Divorce, Brooklyn Style

Farrell Fritz, P.C. on

The pictured architectural rendering of the sunlit Kings County Supreme Courthouse at 360 Adams Street, completed in 1957, doesn’t quite capture the reality of its dour, hulking presence in downtown Brooklyn. Its design...more

Rumberger | Kirk

Kratos Investments vs. ABS Healthcare: Third DCA Confirms Enforceability of Arbitration Provision by Non-Signatory

Rumberger | Kirk on

When it comes to arbitration provisions, you may get more than you bargained for. The Third District Court of Appeals recently confirmed that by signing an arbitration provision, the signatory may be forced to arbitrate by a...more

Farrell Fritz, P.C.

Gull Wing Takes Flight, Pleading Gets Stricken

Farrell Fritz, P.C. on

In litigation, the term “spoliation” generally refers to loss or destruction of evidence. Spoliation can involve physical evidence, paper documents, or electronic data. Spoliation can be intentional or unintentional....more

Goodwin

Business Litigation Reporter - March 2018

Goodwin on

In This Issue: The addition of new AAA, JAMS, and CPR rules governing emergency requests for interim relief, and recent court decisions in the wake of those rules, have raised important new issues. Whereas most courts...more

Farrell Fritz, P.C.

Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich

Farrell Fritz, P.C. on

Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame...more

Patterson Belknap Webb & Tyler LLP

Stealing Data Without Depriving the Owner of Access Does Not Amount to Conversion

New York recognizes conversion claims based on intangible property, such as electronically stored information or trade secrets.[1] But does a conversion claim exist when the theft of the intangible property does not deprive...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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

Orrick - Trade Secrets Group

Company’s Bacon Trade Secret Claims Are Cooked After Patent Filing

From Minnesota comes a delicious reminder that the protection of trade secrets requires consideration of a company’s entire intellectual property strategy.  Without such a comprehensive strategy, in the most prosaic of terms,...more

Smith Anderson

NC Business Court Signals Close Scrutiny of Trade Secret Claims

Smith Anderson on

It is black-letter law that a plaintiff must identify its trade secrets “with sufficient particularity so as to enable a defendant to delineate that which he is accused of misappropriating.” Analog Devices, Inc. v....more

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