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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:
Hendershot Cowart P.C.

Business Owners Beware: Why Ignoring a Lawsuit Is Worse Than Losing

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For small- to medium-sized business owners, the cost and burden of resolving a lawsuit can seem catastrophic and overwhelming, leading some business owners to simply ignore the issue (or procrastinate until it’s too late). ...more

Bond Schoeneck & King PLLC

Revamping Your Cybersecurity Policies and Procedures: Tips and Tricks

As each year passes and technology advances, businesses face an increasingly difficult task to maintain adequate security measures to protect their organizations’ assets and data. With this in mind, it is important to review...more

McGuireWoods LLP

SEC Settles Charges for Alleged Misleading Disclosures, Shedding Light on Materiality in Cyber Context

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On Oct. 22, 2024, the Securities and Exchange Commission (SEC) announced settled charges against four current and former public companies, Unisys, Avaya Holdings, Check Point Software Technologies and Mimecast, for allegedly...more

Littler

New Amendments to California Bill Clarify Scope of Prohibition on Junk Fees for Restaurant Industry

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On June 29, 2024, Governor Newsom signed into law an amendment to California Code 1770, clarifying the scope of SB 478. Under SB 478 and previously published guidance from the attorney general, California restaurants were...more

Foley & Lardner LLP

BEWARE: Compensating Employees With Equity Alone Likely Violates the Fair Labor Standards Act

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Share on Twitter Print Share by Email Share Back to top In recent years, the practice of offering equity to compensate employees has gained traction, especially among startups and tech companies. Equity-based compensation,...more

Harris Beach PLLC

New York Delays Separating Consent to Treat and Consent to Pay for Health Care

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The New York State Department of Health is holding off implementation of a legal provision separating patient consent for treatment and patient consent for payment after receiving concerns from the medical community that the...more

Greenberg Glusker LLP

Your Online Business Could Be the Next Target for Costly Data Privacy Lawsuits

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If your business operates online and uses common marketing tools, your business is at risk of being targeted for lawsuits under pre-internet wiretapping and video rental privacy laws. It is critical to address and mitigate...more

McDonnell Boehnen Hulbert & Berghoff LLP

Vascular Solutions LLC v. Medtronic, Inc. (Fed. Cir. 2024)

The metes and bounds of how courts should consider indefiniteness under 35 U.S.C. § 112(b) were addressed most recently by the Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898 (2014).  Regardless,...more

Smart & Biggar

Evolving pharmacy landscape signals more stringent regulatory scrutiny of “patient steering”

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The pharmacy landscape has evolved considerably over the past year, shining a spotlight on pharmacy “patient steering”, the practice of directing patients to certain preferred pharmacies. Though Quebec has long required that...more

EDRM - Electronic Discovery Reference Model

Implications of the €310 Million LinkedIn Fine for GDPR Compliance

ComplexDiscovery’s Editor’s Note: This recent €310 million fine imposed on LinkedIn by Ireland’s Data Protection Commission (DPC) marks a powerful moment in GDPR enforcement, underlining the regulatory rigor facing global...more

A&O Shearman

Undeterred By Recent Court Loss, SEC Charges Four Companies With Inadequate Cyber Disclosures In The Aftermath Of SolarWinds...

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On October 22, 2024, the SEC announced that it had entered into settlements with four separate companies for making allegedly misleading disclosures about how they were impacted by the SolarWinds data breach in 2019. The...more

A&O Shearman

Utah District Court Grants Mattress Businesses’ Motion To Dismiss In Antitrust Case Alleging Conspiracy In And Monopolization Of...

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On October 16, 2024, Judge David Barlow of the United States District Court for the District of Utah granted defendants’ motion to dismiss plaintiff’s claims that nine defendants (specifically, sellers, distributors, and...more

Allen Matkins

Will Your Industry Be On Deck For Registration With The California Department Of Financial Protection & Innovation?

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The California Consumer Financial Protection Law (CCFPL) authorizes the Department of Financial Protection & Innovation (DFPI) “regarding registration requirements applicable to a covered person engaged in the business of...more

Seyfarth Shaw LLP

Bizarre Dispute Between AI-Biotech Startup and Former Executive Ends in Trade Secret TRO, For Now

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With a factual background that resembles a bad Hollywood script, the most recent chapter in the ongoing dispute between former co-founder of Trilobio, Keoni Gandall (defendant), and Trilobio and his two former partners and...more

DarrowEverett LLP

Private Nuisance Claims: Just What Behavior Crosses the Line?

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“Three hours of sleep again last night. Three hours of sleep because of that dog!” The foible of being an attorney is not being able to enjoy television without noticing every liability, crime, and actionable conduct of...more

Farrell Fritz, P.C.

Can Post-Valuation Date Historical Performance Trump Pre-Valuation Date Financial Projections?

Farrell Fritz, P.C. on

A general principle of business valuation is that courts may consider “known or knowable” events as of the “valuation date” – the date as of which the court values the entity – but not post-valuation date events or financial...more

K&L Gates LLP

Click-to-Cancel: FTC's Final Rule Will Change the Subscription Landscape Across Industries

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In an era where subscriptions are just a click away, getting out of them often frustrates consumers. Responding to that frustration, the Federal Trade Commission (FTC) revised its existing Negative Option Rule, now retitled...more

Faegre Drinker Biddle & Reath LLP

Hoisting Scammers with Their Own Petard with the UDRP

With the widespread availability of domain registration and hosting services and the advent of low-cost generative artificial intelligence (“AI”) software, the creation of fraudulent websites has never been easier—or more...more

Allen Matkins

In This Case, Termination Of Membership Without Compensation Is Not An Improper Forfeiture

Allen Matkins on

The word "forfeiture" has an interesting etymology.  It is derived from two Latin words, foris meaning a door or gate, and facere meaning to do.  Eventually, the word came to refer to a misdeed punishable by a fine.  Today,...more

Arnall Golden Gregory LLP

California Invasion of Privacy Act Lawsuits: An Update

Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more

Benesch

Jury Finds Phillips 66 Liable For Misappropriating Trade Secrets in $605 Million Verdict

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Last week, a California jury found Phillips 66 liable for misappropriating trade secrets from Propel Fuels Inc., a low-carbon renewable fuels retailer, and awarded Propel $605 million in damages....more

Freiberger Haber LLP

Thorny Issues Concerning the Statute of Limitations for Declaratory Relief and Breach of Fiduciary Duty

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Statutes of limitations limit the time within which a defendant can be held liable for any type of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations period will find the courthouse doors...more

Kohrman Jackson & Krantz LLP

New NLRB Memo Targets Non-Compete & Stay-or-Pay Policies: Key Updates for Employers

NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 25-01 on October 7, 2024, announcing her goal to remedy the alleged harmful effects she views inherent to overly broad non-compete and stay-or-pay provisions by...more

Robinson+Cole Data Privacy + Security Insider

Four Companies Settle Allegations of Deceptive Cyber Disclosures with SEC

This week, the Securities and Exchange Commission (SEC) charged four public companies for alleged deceptive cyber disclosures: Unisys Corp., Avaya Holdings Corp., Check Point Software Technologies Ltd., and Mimecast Limited....more

Kohrman Jackson & Krantz LLP

The FTC’s New "Click-to-Cancel" Rule: Simplifying Subscription Cancellations for Consumers

On October 16, 2024, The Federal Trade Commission (FTC) announced a significant update to its regulations governing negative option programs. This new “click to cancel” rule aims to make it easier for consumers to cancel a...more

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