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Foley & Lardner LLP

The State of the Law of Requirements Contracts

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Amid increasing pressure on supply chains across the globe, multiple recent court opinions have disrupted the law of requirements contracts. These decisions are critical as requirements contracts are common features across...more

Foley & Lardner LLP

SEC Enforcement Action Against Church & Dwight Director: Lessons for Outside Directors

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The SEC’s settlement with James R. Craigie, former CEO, chairman, and director of Church & Dwight Co. Inc., for violating proxy disclosure rules by standing for election as an independent director without disclosing his close...more

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court Declines to Resolve Pleading Requirements for Securities Fraud Claims

In an unexpected turn of events, the U.S. Supreme Court recently dismissed without explanation two securities fraud class action cases out of the U.S. Court of Appeals for the 9th Circuit—Facebook, Inc. v. Amalgamated Bank...more

Foley & Lardner LLP

Controlling Entities to Dealer Contracts Subject to Puerto Rico’s Law 75 May Be Liable for Tortious Interference

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Plaintiffs asserting claims for tortious interference of contracts covered by Puerto Rico’s Dealer’s Contracts Act, commonly known as Law 75, may automatically satisfy one element of such a claim. Law 75 regulates...more

Pillsbury Winthrop Shaw Pittman LLP

Emphasizing Administrative Finality, Court Will Not Require the Reissuance of Checks Not Cashed by Prescribed Deadlines

Administrative deadlines in mass tort settlements are enforceable and binding­—courts will uphold them even when millions of dollars are at stake and international claimants are involved. Electronic notification through...more

DLA Piper

Relevance of Trade Secret Ownership for Misappropriation: I-Mab Biopharma v. Inhibrx Inc.

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In I-Mab Biopharma v. Inhibrx, Inc., a trade secret misappropriation case, a federal jury in Delaware sided with the defendants, Inhibrx and its co-founder Brendan Eckelman, on all counts. The jury found no existence of a...more

Sunstein LLP

Massachusetts Jury Sets New Record Under Federal Defend Trade Secrets Act With $452 Million Damages Award

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In December, a Massachusetts corporation won the largest jury verdict ever awarded under the federal Defend Trade Secrets Act (DTSA). The award of $452 million is part of a recent trend of massive awards to trade secret...more

McCarter & English, LLP

FTC Sues Southern Glazer’s for Price Discrimination and Revives the Robinson-Patman Act

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The Federal Trade Commission (FTC) recently filed a complaint in federal court alleging Southern Glazer’s Wine and Spirits LLC (Southern Glazer) violated the Robinson-Patman Act (RPA), a price discrimination law....more

Davis Wright Tremaine LLP

FTC v. Southern Glazer's Wine & Spirits: A Sobering Reminder That the Robinson-Patman Act Remains on the Books

In a 3-2 party-line vote (Democratic majority), the Federal Trade Commission (FTC) for the first time in decades filed an action alleging secondary line price discrimination under the Robinson-Patman Act (RPA). The FTC's...more

Farrell Fritz, P.C.

When Less Effort Leads to More Trouble: Quiet Quitting and Fiduciary Accountability

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We frequently see a partner’s “fiduciary duties” expressed as the union of the duty of loyalty and the duty of care.  The duty of loyalty requires fiduciaries to avoid elevating the interests of any other person or entity...more

McDermott Will & Emery

FTC Targets Price Discrimination With New Robinson-Patman Act Lawsuit

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On December 12, 2024, following a nearly two-year-long investigation, the Federal Trade Commission (FTC) initiated its first litigation under the Robinson-Patman Act (RPA) in more than two decades. The FTC sued Southern...more

Faegre Drinker Biddle & Reath LLP

Federal Court Dismisses Action for Lack of Personal Jurisdiction Due to Insufficient Agency Relationship

A recent decision from the U.S. District Court for the Southern District of Indiana demonstrates how a defendant may successfully challenge personal jurisdiction when the facts fail to show vicarious liability through a...more

Freiberger Haber LLP

Enforcement News: Cherry-Picking Scheme Back In The News

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Two weeks ago, this Blog wrote about an enforcement action involving an investment adviser’s former co-chief investment officer who had been charged with running a more than $600 million cherry-picking scheme (here). Today,...more

Foley & Lardner LLP

Christmas Came Early: Justice Delivered in Supplier Dispute Over Unjust Enrichment

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The AirBoss saga continues… This holiday season, AirBoss Flexible Products Co. received a monumental legal victory, righting a costly wrong in MSSC, Inc. v. AirBoss. The Court awarded AirBoss nearly $3.5 million in damages,...more

Cozen O'Connor

Illinois AG’s and FTC’s Settlement Takes a $25 Million Bite Out of Grubhub

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Illinois AG Kwame Raoul and the FTC have settled with Grubhub Inc. and Grubhub Holdings Inc. (collectively, “Grubhub”) to resolve allegations that it engaged in deceptive business practices that harmed customers, food...more

Kohrman Jackson & Krantz LLP

Subsurface Trespass Risks: Insights from an Ohio Appellate Court Ruling

The Ohio Seventh District Court of Appeals recently delivered its opinion in Triad Hunter, LLC v. Eagle Natrium, LLC, affirming significant jury awards for Triad Hunter, a natural gas producer, in a dispute over brine cavern...more

Kohrman Jackson & Krantz LLP

Copycats or Common Trends? Legal Battle Between Influencers Over "Clean Girl" Aesthetic

A recent lawsuit in Texas highlights the challenges social media influencers face in protecting their intellectual property. Sydney Nicole Gifford, a well-known influencer, claims that Alyssa Sheil copied her “vibe,” –...more

Seyfarth Shaw LLP

Can You Protect the “Clean Girl” Aesthetic? Influencers Battle over Copyrights and Likeness Rights

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A recent lawsuit between two influencers, Alyssa Sheil and Sydney Nicole Gifford, highlights critical issues of copyrights and likeness rights in the influencer space. Both are known for posting photos that feature a...more

Vinson & Elkins LLP

The Not-So-Surprising Return of FTC’s Robinson-Patman Act Enforcement

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On December 12, 2024, the Federal Trade Commission (“FTC”) filed a lawsuit against Southern Glazer’s Wine and Spirits, the largest distributor of wine and spirits in the U.S., alleging that Southern Glazer’s has violated the...more

Lathrop GPM

Pennsylvania Federal District Court Grants Battery Supplier’s Motion to Dismiss Distributor’s Breach of Contract Counterclaims for...

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A federal court in Pennsylvania recently granted battery supplier C&D Technologies, Inc.’s motion to dismiss counterclaims brought by its former distributor Elliott Auto Supply Co, Inc. d/b/a Factor Motor Parts’ (FMP). C&D...more

Lathrop GPM

Texas Federal Court Denies Manufacturer’s Motion to Dismiss Complaint Challenging Termination of Dealer Agreements

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A federal court in Texas denied a manufacturer’s motion to dismiss its dealers’ claims of wrongful termination and breach of contract. Cooper Equip. Co. v. Hitachi Constr. Mach. Americas, Inc., 2024 WL 4467536 (W.D. Tex. Oct....more

A&O Shearman

Delaware Court of Chancery finds that stockholder ratification following adverse judgment does not absolve findings of breach of...

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Subsequent to the post-trial opinion by Chancellor McCormick in January 2024, Tesla appointed a new independent director to serve on a newly created independent committee, which issued a report recommending that stockholders...more

Lathrop GPM

South Carolina Federal Court Denies a Motion to Dismiss a Dietary Supplement Company’s Trademark Infringement Claims in Connection...

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A federal court in South Carolina recently denied Amazon sellers Reza Davachi, Rez Candles Inc., Parvin Davachi, and PBD Collectibles LLC’s (collectively, Davachi) motion to dismiss Thorne Research, Inc.’s trademark...more

Bradley Arant Boult Cummings LLP

Mr. Musk Goes (Unhappily) to Delaware (Again): Takeaways From Musk’s Legal Saga for Private Company Owners

Delaware Chancellor Kathaleen McCormick held again last week that the pay package that Tesla’s board of directors awarded to Elon Musk in 2018 suffers from “fatal flaws,” and it was therefore rejected. This was the second...more

Stark & Stark

The Economic Loss Doctrine’s Preclusion of Tort Claims Related to a Breach of Contract

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In the context of a breach of contract action, one very important, often misunderstood, legal doctrine is the economic loss doctrine. In general, the purpose of this legal doctrine is to prevent a breach of contract case from...more

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