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Corporate Counsel Litigation Strategies

Miller Canfield

Massive Damages in U.S. Trade Secret Cases Signal High Stakes for Businesses

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Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act (DTSA). Courts have awarded hundreds of millions in damages for misappropriation of...more

Foley & Lardner LLP

Sixth Circuit Affirms Attorney-Client Privilege and Work-Product Protection over Internal Investigation Materials

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Internal investigations have become a relatively normal part of doing business, but that does not mean the fruits of those investigations are discoverable even if they have a “business purpose.” The U.S. Court of Appeals for...more

Husch Blackwell LLP

Seventh Circuit Raises the Bar for Collective Actions, Gives Employers New Tools at the Notice Stage

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The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more

Fox Rothschild LLP

8 Essential Litigation Tips for In-House Counsel and Business Leaders

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Most business disputes settle. But if you bank on settlement without preparing for trial, you put your company at a disadvantage. The best settlements come when the other side knows you are fully ready for court. That means...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2025 Decisions

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In this post: (1) California courts split on personal jurisdiction post-Briskin; (2) District courts dismiss VPPA claims against movie theaters & online platforms; (3) ND Cal courts find “crime-tort” exception met in...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Gordon Rees Scully Mansukhani

Redefining Early FLSA Litigation: The Impact of Eli Lilly

On August 5, 2025, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Richards v. Eli Lilly & Co., No. 24-2574, fundamentally reshaping how district courts in Illinois, Indiana, and Wisconsin evaluate...more

Jackson Lewis P.C.

Ninth Circuit Hands Employers Split Decision on Key Procedural Aspects of FLSA Collective Actions

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A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more

McGuireWoods LLP

Missouri Supreme Court Railroad Case’s Upjohn Analysis Goes Off the Tracks: Part II

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Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more

Polsinelli

Federal Court Finds Text Messages Not Subject to TCPA’s DNC Requirements

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Key Takeaways: Companies sued for Telephone Consumer Protection Act (TCPA) violations should consider challenging the allegations at the outset by moving to dismiss, rather than conceding based on out-of-date precedent and...more

Warner Norcross + Judd

TPS in Transition: Litigation, Terminations and Temporary Protections in Flux

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Temporary Protected Status (TPS) allows eligible foreign nationals to enter and remain in the U.S. for a limited period due to extraordinary conditions in their home countries, such as natural disasters or armed conflicts....more

Snell & Wilmer

California Supreme Court Resolves Long-Running Dispute Over Delaware Forum Selection Clauses

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In a closely watched decision issued on July 21, 2025, the California Supreme Court, in EpicentRx, Inc. v. Superior Court, held that a forum selection clause requiring shareholder lawsuits to be brought in the Delaware Court...more

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to Q2 2025

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PFAS-related litigation continues to climb and to diversify as to claims and parties.  See the attached graphics, updated through the second quarter of 2025.  We will continue to update these graphics on a quarterly basis....more

Whiteford

Employment Law Update: Federal Judge Rules Attorney Was Fired for Legitimate Workplace Behavior Concerns, not Due to Alleged...

Whiteford on

A recent decision from the U.S. District Court for the Western District of Washington highlights the importance of clear, documented reasons for employee terminations. In Kang v. The Boeing Company, a case involving a former...more

Epstein Becker & Green

A Counterintuitive Approach to Winning Without Litigation: One-on-One with Haley Morrison

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Meet Haley Morrison, a Portland-based litigator at Epstein Becker Green with a thriving California practice. In this one-on-one interview, Haley sits down with fellow Epstein Becker Green attorney George Whipple and shares...more

Husch Blackwell LLP

Will Trump v. CASA Lead to Increased State AG Multistate Investigations and Litigation?

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On June 27, 2025, in its long-anticipated decision in Trump v. CASA, Inc., the U.S. Supreme Court significantly narrowed the ability of a single federal court to issue “universal” or “nationwide” injunctions—through which...more

Farella Braun + Martel LLP

Growing Momentum for AI’s Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings

Within the same week, two judges in the Northern District of California issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted works to...more

Blank Rome LLP

Ninth Circuit Upholds Converse’s Win in CIPA Chat Case: What the Gutierrez v. Converse Decision Means for Online Businesses

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Introduction - The intersection of digital customer service tools and privacy law continues to generate high-stakes litigation, especially in California, where the California Invasion of Privacy Act (“CIPA”) has become a...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court restricts universal injunctions, but plaintiffs find a “workaround”

At the end of its 2024-25 term, the U.S. Supreme Court held in Trump v. CASA, Inc. that federal district courts do not have equity power to issue so-called “universal” (also known as “nationwide”) injunctions. At issue in...more

Hicks Johnson

Changes in Corporate Governance Under SB 29: What In-House Counsel Should Know

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On May 14, 2025, Texas Governor Greg Abbott signed Texas Senate Bill 29 (SB 29) into law. The bill, which became effective immediately, overhauls the Texas Business Organizations Code (TBOC) to provide greater certainty in...more

Troutman Pepper Locke

New Wave of Privacy Litigation: Plaintiffs Press Untested Theories Under 2005 Colorado Prevention of Telemarketing Fraud Act

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In what appears to be an emerging privacy litigation trend, plaintiffs’ attorneys have recently filed a series of putative class action lawsuits targeting data companies in possession of cellular telephone numbers. The...more

Mintz

Judge Allows Justice Department’s iPhone Monopolization Suit to Proceed

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On June 30, 2025, the US District Court for the District of New Jersey denied Apple’s Motion to Dismiss the U.S. Department of Justice’s (“DOJ”) lawsuit accusing the company of violating Section 2 of the Sherman Antitrust Act...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Appellate Court Affirms Employer’s Decertification of Meal and Rest Period Class Action

The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more

Hicks Johnson

HB 40 Has Been Signed: Key Takeaways for Corporate Legal Teams

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On June 20, 2025, Governor Abbott signed House Bill 40 (HB 40) into law, which, among other things, expands the jurisdiction of the recently created Texas Business Court. HB 40’s changes to the Business Court include: (1)...more

Esquire Deposition Solutions, LLC

How AI Is Helping Corporate Legal Departments

According to a recent survey, artificial intelligence gained a significant foothold in corporate legal departments in 2025, where it is being used mostly for contract drafting and review, legal research, and document...more

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