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Breach of Contract › Damages › Corporate Counsel

Foley & Lardner LLP

Delaware Court Confronts Issue of First Impression: When a Company Attempts to Enforce a Noncompete Seeking Only Damages, Does the...

Foley & Lardner LLP on

In Fortiline, Inc. v. McCall, the plaintiffs sought to enforce a noncompetition agreement against its former employees through a preliminary injunction. The court denied the injunction, holding the noncompetition agreements...more

Proskauer - Trade Secrets

Eleventh Circuit Revives Trade Secret Misappropriation Claim in Long-Running Litigation

Proskauer - Trade Secrets on

On April 4, 2025, the Eleventh Circuit reversed the U.S. District Court for the Northern District of Alabama’s ruling dismissing Alabama Aircraft Industries’ (“AAI”) trade secret misappropriation claim against Boeing, thereby...more

Bradley Arant Boult Cummings LLP

What to Do if Your Federal Contract was Wrongfully Terminated by the Government

Bradley Arant Boult Cummings LLP on

Government contracts often include a termination for convenience clause, generally allowing federal agencies to cancel agreements when it serves the government’s interest. While this power is fairly broad, it is not absolute...more

BakerHostetler

Fifth Circuit Parses Crucial Distinction Between Class Liability Theories and Class Damages Theories

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A recent opinion from the United States Court of Appeals for the Fifth Circuit illustrates the importance of carefully scrutinizing classwide liability theories, even where district courts have flexibility assessing classwide...more

Proskauer - New Media & Technology

hiQ and LinkedIn Reach Proposed Settlement in Landmark Scraping Case

Proskauer - New Media & Technology on

UPDATE: On December 8, 2022, the court issued an order granting the Consent Judgment and Permanent Injunction. On December 6, 2022, the parties in the long-running litigation between now-defunct data analytics company hiQ...more

K&L Gates LLP

In Matter of First Impression, Delaware Superior Court Calculates Value of Cryptocurrency for $25 Million Damages Award

K&L Gates LLP on

In April, 2022, the Delaware Superior Court’s Complex Commercial Litigation Division answered a novel question in Delaware law: “When the consideration to be paid on a contract is in cryptocurrency and the contract is...more

Littler

Ontario, Canada Court Confirms Employers that Revoke Accepted Employment Offers May be Liable for Damages

Littler on

In Kim v. BT Express Freight Systems (2020), 317 A.C.W.S. (3d) 255, Ontario’s Superior Court confirmed that an employer may be liable for damages if it withdraws an accepted offer of employment or terminates employment...more

Robins Kaplan LLP

Delaware Supreme Court Increases Damages from $1 to $126 Million, Holds Chancery Misapplied Efficient Breach Doctrine

Robins Kaplan LLP on

On May 2, 2019, Justice Traynor authored a unanimous opinion in which the Supreme Court of Delaware, sitting en banc, reversed a decision by Vice Chancellor Laster of the Delaware Court of Chancery awarding Leaf Invenergy...more

McAfee & Taft

Ruling offers guidance for companies seeking injunctions to protect trade secrets

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Customers, trade secrets, and proprietary information are the lifeblood of any company. For this reason, companies routinely have employees sign confidentiality agreements and, to the extent they are enforceable,...more

Proskauer - New Media & Technology

CFAA and Breach of Contract Claims Dismissed in Website Data Scraping Suit

Proskauer - New Media & Technology on

This past week, an Illinois district court dismissed, with leave to amend, claims relating to a competitor’s alleged scraping of sales listings from a company’s website for use on its own site. (Alan Ross Machinery Corp. v....more

Zuckerman Spaeder LLP

How Do You Prove Damages When Executives Breach A Non-Solicit Provision?

Zuckerman Spaeder LLP on

In 2011, a group of executives left Horizon Health Corporation for a competitor, Acadia, but they didn’t leave everything behind. Horizon’s president took a “massive, massive amount” of Horizon documents with him on an...more

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