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Earnout Provisions: When Litigation Arises and How to Avoid It

The use of earnout provisions, which buyers and sellers often use to bridge differing views of value, is on the rise, especially in the private equity and corporate venture capital markets. This White Paper examines how...more

California Recognizes First Exception to Mandatory Preference Statute for Coordinated Proceedings

On March 23, 2022, the California Supreme Court denied review of the Court of Appeal's decision in Isaak et al. v. Superior Court of Contra Costa County. In Isaak, the Court of Appeal held that the provisions governing...more

Ninth Circuit Approves California's Net Neutrality Law, Shifts Focus to FCC

In 2018, the FCC deregulated broadband internet access service, repealed its 2015 net neutrality rules, and specified that these actions were intended to preempt state net neutrality laws. On appeal, the D.C. Circuit upheld...more

Navigating Trade Secret Identification During Discovery: Timing & Scope

A trade secret derives its value by being kept secret, yet a trade secret owner is required to identify its trade secret at some point during litigation to apprise the defendant as to what information was allegedly...more

Year-End Review of Key Trade Secret Decisions

A trade secret is any information used in one's business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. Due in...more

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