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The CLRA Demand Letter Trap: How Plaintiffs Sidestep the Law’s Intent - Almost every week, I get a familiar email from a company: “We just received this demand letter. What is it? Is it serious?”...more
Ed. Note: This is the fourth in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30,...more
After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. ...more
December 1, 2023 By: Leah Lively California Business and Professional Code sections 16600 to 16607 already invalidate agreements restricting California employees from pursuing any lawful profession, trade, or business, with...more
On August 30, 2023, the Small Business Administration (“SBA”) filed a “Notice of Compliance” in Ultima Services Corp. v. U.S. Dept. of Agriculture, et. al., Case No. 2:20-cv-00041, U.S. District Court for the Eastern District...more
Most states have a law that protects trade secrets. California, for example, has CUTSA (California Uniform Trade Secret Act). Arizona has the Arizona Uniform Trade Secrets Act ("AUTSA") found in chapter 4 of title 44 of the...more
On June 7, 2023, the New York State Senate passed Bill No. SO3100, which, if signed into law, would ban non-compete agreements (“non-competes”) throughout the state, without exception. The bill defines non-competes...more
In its third opportunity to review the district court’s decision in this trade secret case involving flooring, the US Court of Appeals for the Eleventh Circuit again reversed, this time vacating a permanent injunction and an...more
Ninth Circuit Reverses Class Action Settlement Approval and Fee Award - The Ninth Circuit Court of Appeals has reversed the approval of a $10 million voucher settlement and a $2.6 million attorneys’ fee award in a class...more
Keypoint: There were a number of notable developments this week: the Washington Privacy Act passed out of a house committee after adding a private right of action, there was more movement on the Florida and Connecticut bills,...more
The next state in our series exploring non-compete agreements is Texas’ neighbor to the east, Louisiana. As I like to say, when you travel east and cross the Sabine River from Texas to Louisiana all the words change but the...more
A recent decision by a Washington federal district court caught my eye because it involved a circumstance I often see—a new development in the law results in a class action lawsuit being filed before the defendant has an...more
An Illinois Appellate Court recently answered a previously undecided question when it held in Gasic v. Marquette Management, Inc., that a corporation may be subject to liability under the Illinois Gender Violence Act (IGVA)....more
Under the first sale doctrine, once a trademark owner first authorizes its branded product to be sold to a consumer, the trademark owner’s right to control the further re-sale of that product is generally said to be...more
Imagine this scenario: Your company is in Arizona and one of your sales representatives goes to work for a competitor. He knows all about your pricing and bidding practices, so he helps your competitor undercut your prices....more
This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more
Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more
Showtime and Top Rank Slug It out over "Fight of the Century" - Who said boxing was dead? Fight fans still bitter over the May 2015 Floyd Mayweather–Manny Pacquiao bout that was far more mega-bore than mega-brawl...more
Justin Bieber is headed to the land of the Grand Ole Opry. Not for concertizing, but for plagiarizing. Allegedly. On May 26, 2016, “the Biebs” was sued in the U.S. District Court for the Middle District of Tennessee for...more
Florida businesses will soon have an important and powerful new legal cause of action to combat unauthorized access to protected computer systems or data by employees, former employees, directors, officers, and others....more