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Due Diligence › Motion to Dismiss

Foley & Lardner LLP

Clear Terms of Franchise Agreement Are Enforced Against Franchisee

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A recent federal court decision in T&T Management, Inc. v. Choice Hotels, Inc. underscores key contractual and operational considerations for franchisors. T&T filed suit in U.S. District Court for the District of Minnesota...more

Vondran Legal

The Professional Copyright Plaintiff and the Statute of Limitations

Vondran Legal on

There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Environmental Services Agreement: Federal Court Addresses Limitation of Liability Clause

Mitchell, Williams, Selig, Gates & Woodyard,... on

The United States District Court for the Middle District of Georgia (“Court”) addressed in an April 27th Order issues arising out of an environmental services agreement. See Thiele Kaolin Company v. Environmental Resources...more

Snell & Wilmer

Patience on Payments Can Hurt

Snell & Wilmer on

A recent Utah Court of Appeals opinion, HKS Architects, Inc. v. MSM Enterprises Ltd. 2021 UT App. 70, puts contractors and designers on notice that they need to pay attention to receivables and excuses for non-payment. The...more

Woodruff Sawyer

Another SPAC Lawsuit That Could Have Benefitted from a Reps Policy

Woodruff Sawyer on

SPAC lawsuits are increasing in frequency. There was a big jump in the number of SPAC-related cases from 2020 to 2021. Five new securities class actions were filed against SPACs in just the first two months of 2022. Several...more

Foley & Lardner LLP

Federal Circuit Finds No Assignment by Employment Agreement

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In Omni MedSci, Inc. v. Apple Inc., the Federal Circuit held that language the inventor agreed to via his employment agreement “did not effectuate a present automatic assignment of [his] patent rights.” The issue arose in the...more

Womble Bond Dickinson

If You Don’t Do Your Due Diligence, Your Fraud Claim Might Fail

Womble Bond Dickinson on

Where a business fails to allege that it was denied the opportunity to investigate certain representations or that it could not have learned the true facts about the representations through reasonable due diligence, its claim...more

Proskauer Rose LLP

Delaware Supreme Court Confirms Preclusive Effect of Dismissal of Derivative Actions Based on Lack of Demand Futility

Proskauer Rose LLP on

The Delaware Supreme Court held yesterday that the dismissal of a shareholder derivative action for lack of demand futility can preclude other derivative actions as long as the plaintiff in the dismissed case adequately...more

Katten Muchin Rosenman LLP

Delaware Chancery Court Declines to Dismiss Fraud Claims Against Private Equity Fund and Directors

Katten Muchin Rosenman LLP on

In Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, the Delaware Court of Chancery denied the defendants’ motion to dismiss fraud-based claims made in connection with Great Hill’s acquisition of Plimus, a...more

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