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Business Litigation

Cadwalader, Wickersham & Taft LLP

Delaware Court of Chancery Reaffirms Bar Against Discovery to Plead Demand Futility

On June 26, 2025, in In re The Boeing Co. Deriv. Litig., Vice Chancellor Morgan Zurn of the Delaware Court of Chancery ordered a stay of all discovery pending the Court’s resolution of Defendants’ motion to dismiss...more

Fox Rothschild LLP

Providing Investment Advisory Services in North Carolina May be a “Profession,” But Doesn’t Get Limitations Period for...

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Investment advisors defending fraud claims from a former client recently asked the Business Court to place them within the three-year statute of limitations applicable to those who provide professional services. In Pridgen v....more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Holds That the Federal Arbitration Act Does Not Authorize a Court To Compel a Party To Pay Arbitration Fees in an...

On September 2, 2025, the U.S. Court of Appeals for the Second Circuit held in Frazier v. X Corp., No. 24-1948, --- F.4th ----, 2025 WL 2502133 (2d Cir. Sept. 2, 2025), that a district court cannot intervene in an ongoing...more

Robins Kaplan LLP

No Home Field Advantage: Navigating Multi-Venue Dispute Resolution in T&E Litigation

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In baseball, teams play just one team at a time and in one location. That is not always the case for their owners. The ongoing saga of the Seidler Family — owners of the San Diego Padres — being duked out in both Travis...more

PilieroMazza PLLC

How the Boards of Contract Appeals Work—And Why It Matters for Your Bottom Line

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When government contractors receive an adverse decision from a contracting officer, it can be difficult to balance the costs, performance risks, and impact on future opportunities while considering litigation. Fortunately,...more

Epstein Becker & Green

Is the Deal Done? Litigation After Mergers and Acquisitions – Speaking of Litigation Video Podcast

When a merger or acquisition closes, many executives assume the legal work is over. But as this episode of Speaking of Litigation reveals, signing on the dotted line may be just the beginning. Avoid post-closing litigation...more

Parker Poe Adams & Bernstein LLP

Generalized Claims of Damages Foil Request for Trade Secrets Misappropriation Injunction

Here is a common scenario: A key employee resigns, and the former employer discovers that on the way out he emailed to a personal account sensitive business information including financial and strategic planning data. ...more

Farrell Fritz, P.C.

Defamation in Business Disputes: Executive Held Personally Liable for False Kick-Back Accusation

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On June 18, 2025, Justice Andrew Borrok of the Manhattan Commercial Division issued a post-trial decision in IGC 444 Park LLC et al. v. 444 PAS Restaurant Associates LLC et al., finding individual defendant David Moinian...more

McGuireWoods LLP

German Company Seeking U.S. Discovery Gets Good News, Bad News and Some Good News: Part II

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Last week’s Privilege Point described a Southern District of New York magistrate judge’s application of the “touch base” privilege test to a German company’s application to conduct discovery of a U.S. private equity company’s...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from August 29, 2025

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The Alabama Supreme Court issued its weekly release list on Friday, August 29, which included four opinions of interest to the Alabama business community...more

Brownstein Hyatt Farber Schreck

Sixth Circuit Opens Path for Broad Privilege Application to Internal Investigations

A recent federal appellate court decision demonstrates one way businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation....more

Farrell Fritz, P.C.

A Wolf in Sheep’s Clothing: Shareholder Agreement’s “Except as Otherwise Set Forth Herein” Hands Control of Famed Restaurant to...

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John’s of 12th Street in the East Village is one of Manhattan’s oldest and most storied red-sauce Italian restaurants. Founded in 1908, John’s hosted a speakeasy and was favored by gangsters during Prohibition. In 1922, it...more

Troutman Pepper Locke

Delaware Court of Chancery Confirms That Asset Sales Can Trigger Revlon Review

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In In re Dura Medic Holdings, Inc. Consolidated Litigation, the Delaware Court of Chancery held that Revlon review (i.e., the obligation of the board of directors of a Delaware corporation to seek the best price reasonably...more

Morris James LLP

Chancery Specifically Enforces “Hell or High Water” Provision To Close Merger

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Desktop Metal, Inc. v. Nano Dimension LTD. And Nano US I, Inc., C.A. No. 2024-1303-KSJM (Del. Ch. Mar. 24, 2025) - Merger agreements often include “reasonable-best-efforts” clauses, requiring one or more of the parties to...more

Troutman Amin LLP

IN A TRENCH: Default Entered Against Tranche Technologies as Charter Bets Big in Individual TCPA Suit

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Wild one for you in a TCPA suit against Charter. “This case has been litigated to a remarkable degree for a single-plaintiff Telephone Consumer Protection Act (“TCPA”) case.” So stated Plaintiff in her motion for summary...more

Marshall Dennehey

Superior Court Vacates Venue Transfer, Orders Discovery on Defendant’s Business Activities in Original County

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Mendoza-Colon v. Luscomb, Inc., 2025 PA Super 83 (Pa. Super. Apr. 10, 2025) - On appeal, the Superior Court of Pennsylvania vacated and remanded a trial court’s transfer of venue order, holding that the trial court had...more

Quinn Emanuel

August 2025 Business Litigation Report

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When Machines Discriminate: The Rise of AI Bias Lawsuits - Over the past three years, businesses in the United States have rapidly adopted artificial intelligence (“AI”) technology – defined broadly as the ability of...more

Jones Day

I Consent: New Illinois Law Expands General Jurisdiction for Foreign Corporations Doing Business in Illinois

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On August 15, 2025, Governor Pritzker signed Senate Bill 328 into law, amending Illinois's long-arm statute, Section 2-209(b), and the Illinois Business Corporation Act of 1983....more

Kilpatrick

The New Illinois Receivership Act

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Effective January 1, 2026, the new Illinois Receivership Act will come effective to provide litigators in Illinois with expanded tools for creditors and distressed businesses to protect and manage assets during a business...more

McDermott Will & Schulte

This Week in 340B: August 19 – 25, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Ward and Smith, P.A.

What to Do When Someone Steals Your Trade Secrets: A North Carolina Business Owner's Action Plan

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Maybe you've noticed unusual patterns in lost business, or perhaps another employee tipped you off about the theft. Whatever the warning signs, you need to act quickly and strategically. Here's your step-by-step guide to...more

Morris James LLP

Delaware Court of Chancery Refuses to Certify Interlocutory Appeal When Case Is on the Verge of Final Judgment

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In re Sears Hometown and Outlet Stores, Inc. S’holder Litig., Consol. C.A. No. 2019-0798-JTL (Del. Ch. Mar. 21, 2025) After the Court awarded damages post-trial of $.87 per share to stockholders whom the Court found had been...more

Troutman Pepper Locke

Delaware Court of Chancery Holds That the Exercise of a Midstream-Adopted Call Right Was Invalid

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In Ban v. Manheim, the Delaware Court of Chancery held that the exercise of a call right against a stockholder of a Delaware corporation was invalid under Section 202 of the Delaware General Corporation Law (DGCL) because the...more

Jones Day

Severed Knowledge: Negative Trade Secrets Through the Lens of Compartmentalized Memory

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Since the passage of the Defend Trade Secrets Act ("DTSA") in 2016, courts have increasingly addressed the nuance of negative trade secrets—information about what does not work, often referred to as "negative know-how."...more

Hendershot Cowart P.C.

How to Buy Out Your LLC Partner in Texas: The Complete Legal Guide

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Problems with a partner? You’re not alone. Our law firm routinely fields calls from business owners seeking to remove a partner who is inactive, engaging in unethical or illegal behavior, or otherwise disrupting operations....more

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