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Business Disputes Competition

Mayer Brown

Delaware Supreme Court Upholds Forfeiture-for-Competition Provision in Limited Partnership Agreement

Mayer Brown on

On January 29, 2024, in Cantor Fitzgerald, L.P. v. Ainslie, the Delaware Supreme Court reversed a Chancery Court holding that a forfeiture-for-competition provision in a limited partnership agreement was unenforceable as an...more

Allen Matkins

Breaching A Contract May Be Wrong But It Isn't Independently Wrongful

Allen Matkins on

 In 1995, the California Supreme Court held that a plaintiff pursuing a claim for interference with a prospective contractual or economic relationship had to plead that the defendant's conduct was wrongful.  Della Penna v....more

Manatt, Phelps & Phillips, LLP

Claims for Interference With At-Will Contracts Now Require Independently Wrongful Act

On August 3, 2020, the California Supreme Court held in Ixchel Pharma, LLC v. Biogen, Inc. that tortious interference with at-will contracts requires establishing wrongful conduct independent of interference itself. 9 Cal....more

Skadden, Arps, Slate, Meagher & Flom LLP

Level Playing Field Obligations: Insurance Policy or Tinderbox for Future Trade Disputes?

Takeaways - - The TCA requires parties to maintain standards in nontrade-related policy areas, particularly social, labour and environmental. - The provisions potentially may disrupt EU-UK trade disputes. - It...more

Patton Sullivan Brodehl LLP

When Business Competition Goes Too Far: Interference With At-Will Contracts

The American economy’s capitalist features promote the need for healthy business competition.  One of the judiciary’s jobs has been to draw lines as to when that competition goes too far, without stifling legitimate...more

Seyfarth Shaw LLP

California Supreme Court Clarifies Pleading Requirements for Claims of Tortious Interference with At-Will Contracts and Adopts...

Seyfarth Shaw LLP on

Called upon by the Ninth Circuit in Ixchel Pharma, LLC v. Biogen, Inc. to answer two key questions concerning the validity of a settlement provision requiring a party’s termination of a collaboration agreement with a...more

Seyfarth Shaw LLP

Massachusetts’ High Court Pumps the Brakes on Equitable Tolling of Restrictive Covenant

Seyfarth Shaw LLP on

For the first time in 15 years, the Supreme Judicial Court (“SJC”), Massachusetts’ highest court, issued a decision analyzing the enforceability of non-solicitation covenants, the distinction between such covenants in the...more

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