News & Analysis as of

Business Litigation Injunctive Relief

Foley & Lardner LLP

Stick to the Status Quo: TRO Stops Franchisor from Terminating Franchise Agreement Pending Motion to Transfer

Foley & Lardner LLP on

A federal court recently enjoined a franchisor from terminating a franchise agreement or interfering with a franchisee’s operations pending the resolution of the franchisor’s motion to transfer venue....more

Benesch

Update: Insulet Corp.’s Trade Secrets Jury Award Reduced From $452 Million to $59.4 Million to Avoid Double Recovery

Benesch on

Following a recent trend to reduce large damages awards in trade secret misappropriation cases, a federal judge in Massachusetts cut Insulet Corp.’s damages award from $452 million to $59.4 million to avoid impermissible...more

Baker Botts L.L.P.

House Bill 40 Relating to the Texas Business Court Passes the Texas Senate

Baker Botts L.L.P. on

Last week, the Texas Senate passed House Bill 40 (“HB 40”), pushing the legislation’s changes to Texas’s new Business Court one step closer to enactment. With no anticipated obstacles, Governor Abbott is expected to sign HB...more

Shipman & Goodwin LLP

The Prejudgment Remedy: A Connecticut Claimant’s Closest Ally

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All too often in litigation, winning a hard‑fought money judgment starts the equally arduous process of attempting to transform the judgment into money. Recovery may be no sure thing, particularly if the losing party...more

Ward and Smith, P.A.

Maximizing Recovery in Trade Secret Cases: A Guide to Damages and Remedies

Ward and Smith, P.A. on

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

Offit Kurman

Stop! … In the Name of Injunctions: The Benefits of Seeking Temporary Restraints and Injunctive Relief in Intellectual Property...

Offit Kurman on

As a commercial litigator with extensive experience in protecting clients' interests (through applications for temporary restraints and emergent relief, I’ve seen firsthand how quickly intellectual property (IP) disputes can...more

Lathrop GPM

Ohio Federal Court Grants Keg Distributor’s Motion for Temporary Restraining Order Prohibiting Fellow Distributor from Spouting...

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A federal court in Ohio recently granted Cavalier Distributing’s motion to temporarily restrain a fellow distributor, MicroStar Logistics, from contacting other keg suppliers to accuse Cavalier of failing to pay a debt or...more

Hendershot Cowart P.C.

Responding to Suspected Embezzlement, Misappropriation: A Texas Business Owner's Guide

As a Texas business owner, discovering that a partner, employee, or manager may be embezzling funds can be devastating. Left unaddressed, financial misappropriation can threaten your company's stability, compromise...more

Farrell Fritz, P.C.

Fact Issues and Credibility Determinations on Injunction Motions

Farrell Fritz, P.C. on

Almost exactly one year ago, we wrote about the go-to line of New York case law for business divorce litigants hoping to secure injunctions: a substantial and ever growing body of authority holding that involuntary loss or...more

Sheppard Mullin Richter & Hampton LLP

Delaware Court of Chancery Clarifies Heightened Standard for Recovery of Attorneys’ Fees in Disclosure-Based Deal Litigation

In Anderson v. Magellan Health, Inc., No. 2021-0202, — A.3d —-, 2023 WL 4364524 (Del. Ch. July 6, 2023) (McCormick, C.), the Delaware Court of Chancery addressed the circumstances under which the Court will award a...more

Butler Snow LLP

Let’s Get Down to Business (Court): A Primer on Texas’ newest Trial Court

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Although wading through the salient headlines from the 2023 Texas state legislative session has felt like an endless feat, Texas businesses (and litigators) should take some time to acquaint themselves with H.B. 19, which...more

Conyers

Privy Council Issues Landmark Decision on Freezing Injunction Jurisdiction

Conyers on

In Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24, the majority judgment of Lord Leggatt in the Privy Council upheld the decision in Black Swan, overruling the Eastern Caribbean Court of...more

Farrell Fritz, P.C.

Commercial Division Judge Reaffirms “Most Critical” Element for Injunctive Relief: Irreparable Harm

Farrell Fritz, P.C. on

Most litigators know that a preliminary injunction is a “drastic remedy” which is not “routinely granted.”  Reading these words on paper, however, does not adequately convey the high threshold that a party must meet when...more

Farrell Fritz, P.C.

Shareholder Oppression Requires More Than Denial of Access to Company Information

Farrell Fritz, P.C. on

The family-owned business at the center of Vaccari v Vaccari, 2018 NY Slip Op 30546(U) [Sup Ct NY County Mar. 28, 2018], decided last month by veteran Manhattan Commercial Division Justice Eileen Bransten, is a classic...more

Farrell Fritz, P.C.

Winter Case Notes: LLC Deadlock and Other Recent Decisions of Interest

Farrell Fritz, P.C. on

This winter forever will be remembered in the Northeast as the winter of the “bomb cyclone,” which gets credit for the 6º temperature and bone-chilling winds howling outside as I write this. So in its honor, I’m accelerating...more

Morris James LLP

Court Of Chancery Explains When To Expedite Disclosure Claims

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This decision is helpful in clarifying that claims alleging disclosure violations in a proxy statement need to be pressed before a merger closes. ...more

Proskauer - Advertising Law

Third Circuit Irons Out “Powerful” Performance False Advertising Dispute

The Third Circuit has rendered a notable decision with important implications for the use of fine print in advertising. The Court held that small print statements that explicitly define the terms of a more prominent superior...more

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