The arrival of name, image, and likeness (NIL) agreements has transformed college athletics, offering student-athletes unprecedented opportunities to profit from their personal brands. Yet, the case of Jaden Rashada, a...more
A federal court in Washington recently granted in part and denied in part a former distributor’s partial motion to dismiss claims for breach of a post-termination noncompete agreement, breach of the implied duty of good faith...more
U.S. District Court for the Eastern District of Louisiana - In this asbestos action, plaintiff Michael Simoneaux initially filed suit against his former employers for alleged asbestos exposure. He later amended his...more
Judge Kazanjian, sitting in the Massachusetts Business Litigation Session, allowed a plaintiff board member’s motion for a preliminary injunction. Judge Kazanjian’s order reinstated the plaintiff to the board of directors and...more
Section 3211(a)(8) of the Civil Practice Law and Rule (“CPLR”) allows a party to “move for judgment dismissing one or more causes of action asserted against him on the ground that … the court has not jurisdiction of the...more
Imagine these facts in a force majeure dispute (as presented in Point Energy Partners Permian LLC et al. v. MRC Permian Company). Lessee (MRC) invokes the force majeure provision of an oil and gas lease, asserting that...more
Four days after FTX, once the world’s third-largest crypto exchange, filed for voluntary Chapter 11 bankruptcy, former FTX investors filed a class action against 11 athletes and celebrities who promoted FTX in advertisements...more
When defending employers accused of discrimination, harassment, or other claims, defense counsel occasionally comes across evidence indicating that the employee may have engaged in criminal activity. If the employer or its...more
On March 8, 2021, the Ontario Superior Court of Justice dismissed Apotex’s claims against Eli Lilly (Lilly) under the Statute of Monopolies, Trademarks Act, and common law conspiracy relating to Canadian Patent No. 2,041,113...more
In Manti Holdings, LLC v. Carlyle Group Inc., C.A. No. 2020-0657-SG (Del. Ch. June 3, 2022), the Delaware Court of Chancery held that minority investor claims could proceed against a private equity firm, Carlyle, and related...more
Today’s news media is full of stories about supposed malicious allegations, unfounded criminal investigations and indictments based on perjury. Regardless of our political leanings, all of us should hope that such things...more
On July 25, 2022, the Antitrust Division of the U.S. Department of Justice (“DOJ”) filed a civil complaint in the U.S. District Court for the District of Maryland alleging that poultry processors, Cargill Inc. and Cargill...more
A recent decision from the English High Court has highlighted the importance of disclosing details of assets when seeking to resist orders for security for costs against a non-resident claimant. In Ras Al Khaimah Investment...more
Kim Kardashian has been hit with a lawsuit by New York-based Beauty Concepts LLC over Kardashian’s recently launched skincare line, “SKKN by Kim.” Beauty Concepts filed a complaint in the Eastern District of New York against...more
Can a Lawsuit Filed With the Intent to Remain in State Court Actually Avoid Removal? In December 2021, our office (DBL Tulsa) filed an action in a State of Oklahoma district court against two entity defendants, alleging...more
After successfully appealing a judgement and obtaining a remand of its Chapter 93A claim to the Massachusetts BLS, the Governo Law Firm moved to admit expert testimony about a “reasonable royalty” measure of damages. Governo...more
IN THIS ISSUE - Eleventh Circuit Overturns Dismissal of Cryptocurrency Ponzi Scheme Class Action Suit; Federal Court of Appeals Dismisses Leading Fannie Mae and Freddie Mac Shareholder Lawsuits; NY Seeks Blockchain...more
Minority shareholders preparing unfair prejudice petitions should take note of a recent English Court of Appeal decision which highlighted the need for the petitioner to plead - and then prove - a "causal connection" between...more
The South Carolina Supreme Court issued two decisions late in 2021 that may impact employers’ and co-workers’ potential liability in litigation arising from an employee’s discharge....more
At the end of a complicated case, an employer obtained a nearly $7.5 million jury verdict in enforcement of restrictive covenant agreements and as a result of the unfair competition and breaches of the duty of loyalty of a...more
In Paradis v. Charleston County School District, the Supreme Court of South Carolina reexamined, revised, and reiterated the elements of civil conspiracy claims in this state. Before Paradis, civil conspiracy required “(1)...more
Recent decisions from the British Columbia Supreme Court in Latifi v. The TDL Group Corp., 2021 BCSC 2183 and the Federal Court of Canada in Jensen v. Samsung Electronics Co. Ltd., 2021 FC 1185 involved proposed class action...more
A district court in the Northern District of California recently accepted a guilty plea by a company's former CEO and COO for conspiracy to steal trade secrets and commit wire fraud. While rival companies regularly are sued...more
SEC Settles First-Of-Its-Kind $13m DeFi Tech Action; NASDAQ Board Diversity Rules Challenged in Fifth Circuit; Delaware Court of Chancery Declines to Enforce Contractual Limitations on Liability to Bar Contractual Fraud...more
In a lawsuit by a terminated employee claiming former supervisors conspired to target her with negative performance reviews which ultimately resulted in dismissal, the employee now has an easier path to recovery following a...more