News & Analysis as of

Confidential Information Preemption

Dorsey & Whitney LLP

CBD Pain Cream Producer Feels the Pain from Dismissal of its Trade Secrets Claims for Lack of Misappropriation Evidence

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A federal magistrate judge in the United States District Court for the Southern District of Florida, in a trade secrets dispute involving CBD-based pain cream, recently granted summary judgment in favor of all but one...more

Payne & Fears

Key California Employment Law Cases: November 2020

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Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) - Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more

Dorsey & Whitney LLP

The Supreme Court - January 14, 2019

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On Friday, January 11, 2019, the Supreme Court of the United States granted certiorari in the following eight cases: Fort Bend County v. Davis, No. 18-525: Whether Title VII’s administrative exhaustion requirement, 42...more

Morris James LLP

Court Of Chancery Enforces Agreement To Waive Corporate Opportunity Claims

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Alarm.Com Holdings Inc. v. ABS Capital Partners Inc., C.A. 2017-0583-JTL (June 15, 2018) - Under 8 Del C. Section 122(17) a corporation may waive any claim that a corporate opportunity was wrongfully taken by a fiduciary....more

Winstead PC

Federal Court Dismisses Breach of Fiduciary Duty Claim Because It Was Preempted By The Texas Uniform Trade Secret Act

Winstead PC on

In Embarcadero Techs., Inc. v. Redgate Software, Inc., four employees left their employer and began working at a new company. No. 1:17-cv-444-RP, 2018 U.S. Dist. LEXIS 1902 (W.D. Tex. January 5, 2018). ...more

Robinson+Cole Data Privacy + Security Insider

Florida Supreme Court Rejects PSQIA Preemption of Florida Constitution

On January 31, 2017, the Florida Supreme Court held that adverse medical incident reports produced in accordance with Florida law cannot constitute confidential and privileged patient safety work product (PSWP) under the...more

Jackson Lewis P.C.

California Court Rules Sarbanes-Oxley Preempts California Law Regarding Privileged Communications in Suit by Former In-House...

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By determining that the Sarbanes-Oxley Act (“SOX” or the “Act”) preempts California’s ethical rules, the Northern District of California ruled that an in-house attorney can rely on privileged communications and confidential...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

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Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Nossaman LLP

Regulators Nationwide Weigh in on CPUC Litigation

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In May, we posted a blog on litigation filed by telecom providers and trade associations to prevent the California Public Utilities Commission (CPUC) from requiring Plaintiffs to turn over competitively sensitive data to a...more

BCLP

Landmark Overhaul of the Toxic Substances Control Act

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EPA Issues First Year Implementation Plan - On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law. This law amends the Toxic Substance Control Act (TSCA) and is the first...more

Eversheds Sutherland (US) LLP

TSCA Reform Presents Solutions and Questions for Industry

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the first amendments to the Toxic Substances Control Act (TSCA) since its passage in 1976. The amendments...more

Kelley Drye & Warren LLP

Be Prepared for the New World of Chemical (and Product) Management and Regulation

The nation’s primary law for managing chemicals, from manufacture to their use in a wide array of consumer and commercial products, is set for a fundamental transformation now that Congress has passed, and President Obama...more

Stinson LLP

Toxic Substances Control Act: Past, Present and Future

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The Toxic Substances Control Act (TSCA) was enacted on October 11, 1976 to regulate certain chemical substances and mixtures being used in interstate commerce. 15 U.S.C. § 2601, et seq. TSCA delegated enforcement authority to...more

Snell & Wilmer

Industry, NGOs, Republicans, and Democrats Bond over Chemistry

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The Frank R. Lautenberg Chemical Safety for the 21st Century Act was passed in the House by an overwhelming vote of 403 – 12. After passing the Senate, it was signed into law by President Obama on June 22, 2016. The...more

King & Spalding

Toxic Substances Control Act Overhauled Chemical Risk Regulation in the U.S. Joins the 21st Century

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On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act). Passed with significant bipartisan support, the Act is the first major update to a federal...more

Perkins Coie

Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control Act

Perkins Coie on

President Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016. The Lautenberg Act makes significant changes to the Toxic Substances Control Act...more

Alston & Bird

Historic TSCA Reform Signed Into Law

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The outdated Toxic Substances Control Act (TSCA) has just received the most significant update in decades. On Wednesday, June 22, President Obama signed into law sweeping reforms, which had bi-partisan support in both houses....more

Pillsbury Winthrop Shaw Pittman LLP

A New Day in Chemical Regulation - What You Need to Know about the 2016 TSCA Amendments

On June 7, 2016, the Senate passed a revised version of the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), which the House of Representatives had already approved, to enact sweeping amendments to the...more

McGuireWoods LLP

Congress Overhauls Chemical Safety Law

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In a rare display of bipartisanism, on June 7, 2016, the Senate approved the Frank R. Lautenberg Chemical Safety for the 21st Century Act, after an earlier, affirmative vote in the House. The Lautenberg Act amends the Toxic...more

Morgan Lewis

Congress Sends Chemical Safety Reform Legislation to Be Signed into Law

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The historic reform of the Toxic Substances Control Act overhauls the United States’ primary chemical safety law for the first time in 40 years. Following months of closed-door negotiations, the US House of...more

Best Best & Krieger LLP

Federal Defend Trade Secrets Act Takes Effect

Employers Should Immediately Revise Confidentiality Agreements to Comply - The Defend Trade Secrets Act, signed into law by President Obama last week and effective immediately, provides a new federal remedy for trade...more

Nossaman LLP

California Telecom Providers File Suit to Protect Competitively Sensitive Information

Nossaman LLP on

On May 5, AT&T Mobility along with several other telecommunications providers and trade associations filed a complaint in the Northern District of California against the California Public Utilities Commission (“CPUC”)...more

McDermott Will & Emery

Copyright Preemption Notwithstanding No Copyright Protection and No Copyright Claims - Spear Marketing, Inc. v. BancorpSouth Bank

McDermott Will & Emery on

In a suit alleging trade secret theft of ideas related to a software program, the U.S. Court of Appeals for the Fifth Circuit affirmed both a lower court’s denial of remand to state court based on complete copyright...more

Bergeson & Campbell, P.C.

TSCA Reform: Detailed Analysis of Frank R. Lautenberg Chemical Safety for the 21st Century Act: Significant Changes Made to...

The Senate over the past several years has considered a number of legislative texts to amend the Toxic Substances Control Act (TSCA). These include the Safer Chemicals Act, several versions of which were introduced by Senator...more

Littler

Arizona Supreme Court Holds the Arizona Uniform Trade Secrets Act Does Not Preempt Tort Claims Based on Misappropriation of...

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On November 19, 2014, the Arizona Supreme Court ruled in Orca Communications Unlimited, LLC v. Noder that the Arizona Uniform Trade Secrets Act (AUTSA) does not preempt common law tort claims for misappropriation of...more

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