4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
A recent federal court decision from California in In re Apple Data Privacy Litigation reflects an evolving judicial approach to how courts will define the boundaries of privacy in a platform-driven world. The January 20...more
On January 21, 2026, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C., et al that has massive implications for those prosecuting or defending trade...more
On January 30, 2026, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery granted defendants’ motion to strike but denied a motion to terminate a derivative action asserting fiduciary breach claims against...more
On January 30, the U.S. District Court for the District of Minnesota dismissed with prejudice a proposed class action lawsuit brought by two investment-account holders challenging the interest rates paid through a...more
In a case that should stand as a strong reminder to apportion your damages whenever possible, the Fifth Circuit Court of Appeals affirmed a significant post‑trial ruling in Trinseo Europe GmbH v. Harper, et al., upholding the...more
The doctrine of frustration of purpose is narrowly applied. “In order to invoke the doctrine of frustration of purpose, the frustrated purpose must be so completely the basis of the contract that, as both parties understood,...more
The U.S. Court of Appeals for the Seventh Circuit, which hears federal appeals from Illinois, Wisconsin, and Indiana, recently issued a decision clarifying the level of specificity required to claim trade secret protection...more
Takeway: Fraud claims are not typically suitable for class treatment, because the essential element of reliance is usually a fact-intensive, individualized issue. When it comes to consumer fraud statutes, however, consumer...more
Insurers need to be aware in Connecticut that the premature enforcement of their subrogation rights may result in claims against them by their insured. In its January 6, 2026, decision in Orlando v. Liburd, the Connecticut...more
Quantum meruit is a legal theory that allows a party to recover compensation if they provided services to another with the expectation of payment, but without an explicit agreement as to an amount. Quantum meruit claims are...more
Assume wrongdoer procures title to a traceable portfolio of stocks by fraud, duress, or undue influence from rightful owner and then transfers title on to an innocent third party for nominal consideration, i.e. to a non-BFP....more
It is well settled that a “valid release constitutes a complete bar to an action on a claim which is the subject of the release.” “[A] release that, by its terms, extinguishes liability on any and all claims arising in...more
The recent decision in Wiley v. Universal Music Group highlights how courts are scrutinizing website operators’ privacy controls and representations, particularly regarding cookie banners and opt-out tools. 2025 WL 3654085...more
As we have previously reported, a group of health insurers and health insurance administrators (collectively, “CareFirst”) filed a class action complaint in 2023 against Johnson & Johnson and Janssen Biotech, Inc....more
The Alabama Supreme Court issued its weekly release list on Friday, December 19, which included the following opinions of interest to the Alabama business community...more
Claims based on restitution and unjust enrichment are not common in a commercial context when there will almost always be some form of agreement that governs the parties’ rights and obligations. But in October 2025 there were...more
On December 4, 2025, the U.S. District Court for the Northern District of Illinois dismissed a proposed price-fixing and information sharing class action against several manufactured housing companies and Datacomp Appraisal...more
After claims against Madison Square Garden for the use of facial recognition technology were dismissed, another individual has filed a putative class action against Queens Ballpark Company, LLC, the operator of the New York...more
Khalid v. Musk, C.A. No. 2024-0443-KSJM (Del. Ch. July 18, 2025) - The plaintiff acquired Twitter stock following Elon Musk’s announcement that he agreed to acquire the company. The plaintiff then sold the stock at a loss...more
Assume fraudulent representations by the owner of a residence with multiple hidden material defects that the defects were non-existent induce Jones to purchase residence. Call that residence the “old residence.” The unjustly...more
Constructive trust claims regularly arise in trusts and estates litigation. Based upon a recent decision that Suffolk County Surrogate Vincent J. Messina, Jr. issued, in which the Surrogate found that a constructive trust...more
If, like me, you grew up during (or otherwise lived through) the 1980s, you’ll recall the ever-present jingle “The best part of wakin’ up is Folgers in your cup” (and perhaps some creative modifications thereof by the...more
Earlier this fall, the District of Massachusetts issued another notable decision in the growing wave of privacy litigation that, as discussed, raises difficult questions concerning standing, jurisdiction, and statutory...more
On November 12, the U.S. District Court for the Northern District of California granted in part and denied in part a motion to dismiss in a class action case involving mortgage contracts claims. ...more
U.S. Eleventh Circuit Court of Appeals - Johnson v. Reliance - disability insurance, preexisting conditions, ERISA - Smothers v. Childers - § 1983, prison treatment, state law bar, Ala law - USA v. Oropesa -...more