Popular, Breach of Contract

In Pari Delicto … What Does That Mean?

Freiberger Haber LLP on 9/17/2024

In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a...more

Franchisee Claims for Promissory Estoppel and Violations of the Michigan Franchise Investment Law Fail

Foley & Lardner LLP on 9/11/2024

A recent court decision explained the circumstances under which a plaintiff may assert a claim for promissory estoppel and whether a private right of action exists for a certain alleged violation of the Michigan Franchise...more

Meta v. Bright Data Ruling Has Important Implications for Webscraping Activities by Investment Advisers

Lowenstein Sandler LLP on 2/16/2024

On January 23, 2024, Judge Edward M. Chen of the United States District Court for the Northern District of California ruled in META PLATFORMS, INC. v. BRIGHT DATA LTD. (Meta v. Bright Data), granting Bright Data’s motion for...more

The Uncertain World: Nearshoring, Economic Development, and the Next Frontier

Snell & Wilmer on 1/22/2024

Historically, international trade regulation has swung between economic protectionism and national security concerns. Between World War II and the 2018 presidential election, the primary international trade regulatory issue...more

November 2023 California Employment Law Notes

Proskauer - California Employment Law on 12/1/2023

We invite you to review our newly-posted November 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law...more

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Davis Wright Tremaine LLP on 10/26/2023

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Phone War: ‘Charges Unlawfully Avoided’ Claim Held To Be Excluded Loss of Profits Claim

Cooley LLP on 8/15/2023

In EE Limited v. Virgin Mobile Telecoms Limited,[1] the High Court found that the claimant’s claim for ‘charges unlawfully avoided’ under a telecommunications supply agreement was in fact a claim for loss of profits, which...more

[Webinar] Artificial Intelligence Litigation Risks for the Medical Technology Industry - August 29th, 2:00 pm ET

Rothwell, Figg, Ernst & Manbeck, P.C. on 8/8/2023

Partners Jenny Colgate and Jennifer Maisel will present a webinar titled "Artificial Intelligence Litigation Risks for the Medical Technology Industry" for Medmarc, the leading expert in the products liability risks facing...more

What Representations & Warranties Insurance Can Do for Your M&A Deals in Latin America

Holland & Knight LLP on 8/1/2023

In recent years, the use of representations and warranties insurance (RWI) in mergers and acquisitions (M&A) transactions has experienced dramatic growth worldwide. Consequently, deal participants in Latin America are showing...more

Should Successful Hedging of Potential Losses Reduce Claimant’s Damages?

Cooley LLP on 6/26/2023

In Rhine Shipping DMCC v. Vitol SA, the Commercial Court of England and Wales determined that the claimant’s internal risk management system, by which the risk of loss arising from physical trades was ‘hedged’ against...more

Cyberattacks as Acts of War: Insurance Companies Forced to Rethink Their Policies

Kohrman Jackson & Krantz LLP on 5/5/2023

The rise of cyberattacks has led to a significant increase in the demand for cyber insurance policies. However, the insurance industry is struggling to keep pace with the ever-evolving threat landscape, which has resulted in...more

Data Scraping Update: ‘LinkedIn v. hiQ’ Answers Some Questions but Leaves Many More Open

Polsinelli on 3/9/2023

2022 provided companies with further clarity and insight regarding legal claims that might be viable to stop data (or web) scraping and those that likely won’t work. Data scraping continues to become an increasingly popular...more

Genentech Files Lawsuits Against Biogen and Millennium for Past Royalties on the Cabilly Patents

Goodwin on 3/6/2023

This week, Genentech filed separate lawsuits against Biogen and Millennium, alleging breach of a license agreement to the Cabilly patents (U.S. Patent No. 6,331,415 and 7,923,221)....more

Lessons Learned From 2022’s Trade Secret Verdicts

Proskauer - Law and the Workplace on 3/3/2023

Before closing the book on 2022, we look back at the most significant verdicts issued in trade secret trials this past year. In 2022, several juries awarded extraordinary verdicts to plaintiffs. These verdicts suggest a...more

Title (Coverage) Not Available

Cadwalader, Wickersham & Taft LLP on 2/1/2023

Two recent decisions concerning title insurance illustrate that an insured’s negligence can result in an exclusion from coverage and that title insurers generally do not owe a fiduciary duty to their insureds....more

Dependencies in Technology Integration Deals, Part 2: Remedies for Breach

Morgan Lewis - Tech & Sourcing on 1/18/2023

In Part 1, we discussed what a dependency in a technology integration is and how to deal with it in a contract. In this installment, we’ll consider how to address the risk of the assisting party not providing required...more

‘Well, This Is Awkward…’: FIFA–Budweiser Deal Brings Commercial Sponsor Rights in Sports to Light

Morgan Lewis - Tech & Sourcing on 11/23/2022

On November 18, days before the FIFA World Cup Qatar 2022 was due to start, Anheuser-Busch InBev (the owner of Budweiser, a World Cup sponsor since 1985) was dealt an unexpected yellow card: FIFA issued a statement that...more

Superior Court Classifies Cryptocurrency as a Security and Calculates Contract Damages Based on Cryptocurrency Valuation

Morris James LLP on 10/4/2022

Diamond Fortress Techs., Inc. v. Everid, Inc., C.A. No. N21C-05-048 PRW CCLD (Del. Super. Ct. Apr. 14, 2022) - Plaintiff Diamond Fortress contracted with the defendant company to provide its software to develop a trading...more

Dechert Cyber Bits - Issue 21

Dechert LLP on 9/30/2022

US Federal Appellate Court Issues Opinion on Proof of Injury in Data Breach Cases - On September 2, 2022, the U.S. Court of Appeals for the Third Circuit reinstated a class action lawsuit that had previously been dismissed...more

“So What?”: Twitter Resists Merger Agreement Termination by Invoking Musk’s Unclean Hands

Farrell Fritz, P.C. on 9/19/2022

Elon Musk has lobbed in two additional termination letters since his original July 8 letter seeking to terminate his agreement to acquire Twitter for $44 billion. Each termination letter cites alleged false representations...more

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

Genova Burns LLC on 9/14/2022

The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

Koninklijke Philips N.V. v. Thales DIS AIS Deutschland USA LLC (Fed. Cir. 2022)

McDonnell Boehnen Hulbert & Berghoff LLP on 7/15/2022

The Federal Circuit today affirmed a decision by the District Court denying defendant Thales DIS AIS Deutschland USA's motion for preliminary injunction to prevent patentee plaintiff Koninklijke Philips N.V. from obtaining an...more

Delaware Chancery Court Clears Musk of Breach of Fiduciary Duty Claim

Goodwin on 5/18/2022

On April 27, 2022, the Delaware Court of Chancery in In re Tesla Motors Stockholder Litigation rendered a post-trial verdict finding for Elon Musk, co-founder and CEO of Tesla Motors, Inc., on claims that Musk breached his...more

Part Seven: Reviewing Key U.S. Insurance Decisions, Trends, & Developments

Hinshaw & Culbertson - Insights for Insurers on 3/16/2022

This is the seventh and final installment of our series of articles reviewing some of the key trends and developments currently impacting the U.S. insurance industry. Some key decisions impacting the D&O and securities law...more

Managing construction risks in Asia-Pacific: Philippines

White & Case LLP on 11/24/2021

The Philippines construction industry is expected to grow with the introduction of the "Build, Build, Build" initiative and the amendment of a number of laws that would loosen restrictions on foreign investment. The...more

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