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Business Litigation

Lowndes

Florida Law Update: Slack Messages May Be Privileged Communication

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Florida’s Sixth District Court of Appeal (6th DCA), which considers appeals from trial courts in an area running from Orange County down to Collier County, recently confirmed that discovery privileges apply to communications...more

BCLP

Understanding the Litigation Privilege

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The litigation privilege insulates communications made by lawyers and their clients during, and in some circumstances, prior to judicial or quasi-judicial proceedings from defamation and other tort claims. ...more

JAMS

Writing Persuasive Closing Briefs

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11 essential tips to strengthen your final arbitration submission - Writing a strong closing brief is one of the most important steps in the arbitration process. The final submission to the arbitrator offers counsel an...more

Hogan Lovells

No breach of fiduciary duty where directors approved merger that stripped common stock of its value

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In Jacobs v. Akademos, the Delaware Chancery Court ruled that a cash-out merger that provided common shareholders in a privately held corporation, Akademos, Inc., with no value was nonetheless entirely fair. This decision...more

Davies Ward Phillips & Vineberg LLP

Governance Insights: Dual Fiduciaries – A Cautionary Tale for Nominee Directors

The latest edition of Davies’ Governance Insights is now available. In this issue, we review the Manti Holdings decision from Delaware. For boards, nominees and nominating shareholders, the decision is a reminder of the...more

Allen Matkins

If You Agree That Stock Issuance Was Not "Compensation, Salary, Or Income", You May Want To Think Carefully Before Issuing A Form...

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Ten years ago, Hovik Nazaryan sued Femtometrix, Inc. claiming that the company had issued shares to him than it had promised.  The parties settled the lawsuit.  The settlement agreement provided that the stock issued to Mr....more

Jenner & Block

$17 Million Attorney Fee Award Aims to Deter Malicious Trade Secret Misappropriation

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Singapore-based XP Power has been ordered to pay $17 million in attorneys’ fees to opponent Comet Technologies, USA, following Comet’s victory at trial. The Northern District of California issued the order in January 2025,...more

Quarles & Brady LLP

Personal Injuries, Treble Damages and Attorney’s Fees: The Supreme Court Approves Civil RICO Actions Resulting from Personal...

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Under the Racketeer Influence and Corrupt Organizations Act (RICO), an individual can bring a civil action for an injury to the individual’s business or property caused by a RICO violation (referred to as “civil RICO”). 18...more

Epstein Becker & Green

Aligning Business Goals with Legal Strategies Amid Regulatory Change – Speaking of Litigation Video Podcast

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When businesses face regulatory uncertainty, how can they effectively adapt, respond, and, if necessary, challenge government action? In this episode of Speaking of Litigation, Epstein Becker Green attorneys Mike Brodlieb,...more

Patton Sullivan Brodehl LLP

LLCs Can Assert Offensive Claims Against Members

In “business divorce” litigation involving LLCs, it is common to see a disgruntled LLC member asserting claims against the LLC’s manager. Depending on the type of harm alleged, those claims might be asserted directly (by the...more

Farrell Fritz, P.C.

Stated Purpose vs. Stated Problem: Court Sticks to the Script for LLC Dissolution

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It’s been 15 years since the Second Department’s decision in Matter of 1545 Ocean Avenue, LLC, 72 AD3d 121, 2010 NY Slip Op 00688 (2d Dept Jan. 26, 2010), which established the standard for judicial dissolution of limited...more

Conyers

Sunrise Radio Considered – Is a Debt-for-equity Swap Carried Out at an Undervalue Unfairly Prejudicial?

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On 27 March 2025, the Eastern Caribbean Supreme Court, sitting in the Territory of the Virgin Islands, handed down its decision in BVIHCMAP2024/0002 Amstel Investment Holdings Limited and others v AMS Holdings Limited and...more

Offit Kurman

How Buy-Sell Agreements Can Help Prevent a Messy Business Divorce

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Just like any kind of relationship, not all business partnerships are built to stand the test of time. They can sour just as easily as a romantic partnership or friendship as vision and long-term goals diverge, financial...more

Gardner Law

What's on File Could Be on Trial - Mastering Documentation Risk

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Every document your employees create—emails, text messages, meeting notes, voicemails—has the potential to become critical evidence in litigation. In today’s legal environment, even casual communications can expose your...more

Vinson & Elkins LLP

The Ripple Effects: Understanding The Potential Commercial Litigation Impact Of New Tariffs

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Not long after starting his second term, U.S. President Donald J. Trump announced tariffs on numerous imports from some of the nation’s major trading counterparties, with tariff amounts varying depending on the country and...more

Foley & Lardner LLP

Supreme Court Ends Circuit Split with Ruling That Plaintiffs Can Seek RICO Damages for Certain Personal Injury Claims

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Resolving a deep split among federal circuit courts, the U.S. Supreme Court has broadened plaintiffs’ ability to sue under the Racketeer Influenced and Corrupt Organizations Act (RICO) for economic loss stemming from personal...more

Skadden, Arps, Slate, Meagher & Flom LLP

The AAA’s Infographic and the Continued Abuse of Mass Arbitration

On April 15, 2025, the American Arbitration Association (AAA) distributed an infographic with statistics on mass arbitration in 2024, which could be read to suggest that the consumer mass arbitration process is functioning...more

Davidoff Hutcher & Citron LLP

Handling Partner Expulsions in Restaurant Businesses: A Legal Guide

Partnership conflicts can arise in any restaurant business, and in some cases, the only solution is expelling a partner. However, removing a business partner is a complex legal process that must be handled carefully to avoid...more

Davidoff Hutcher & Citron LLP

My Fashion (Legal) Odyssey: Part 6 How To Choose, Use (And Not Abuse) Your Lawyer

The selection of a professional by a lay person is often a dicey matter. Choosing a lawyer is no different. What qualities should you look for? What are the indicators of a lawyer to avoid? Don’t use your lawyer cousin Bernie...more

McDermott Will & Emery

Not Secret and Not Used: Misappropriation Claim Dismissed

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The US Court of Appeals for the Fifth Circuit upheld a district court’s grant of summary judgment in favor of the defendants, finding that the plaintiff failed to identify a trade secret and presented no evidence of its use...more

EDRM - Electronic Discovery Reference Model

An ESI Protocol Saved the Day for the Discovering Party

In Pincus Law Grp PLLC v. MJ Connections, Inc., 2025 WL 1070384 (E.D.N.Y. Apr. 9, 2025), the court ruled in favor of a discovering party and ordered reproduction of previously-produced documents under the terms of an ESI...more

Wiley Rein LLP

Ninth Circuit Affirms Ruling That Section 533 Bars Coverage for Defense Costs and Indemnity When Claims Broadly Allege Willful...

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The United States Court of Appeals for the Ninth Circuit, applying California law, has affirmed a district court’s determination that California Insurance Code § 533 barred indemnity and defense costs coverage for a lawsuit...more

Ward and Smith, P.A.

Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

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This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025....more

Snell & Wilmer

Two More Tribes Enter Suit Over California Card Rooms’ Banked Games

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“Defendants [California card rooms] operate, participate in, and facilitate illegal gambling,” according to a complaint filed on April 1, 2025, by the Rincon Band of Luiseno Indians (the Rincon Band) and the Santa Ynez Band...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Issues New RICO Decision

The Supreme Court’s decision clarifies the civil damages provision of the Racketeer Influenced and Corrupt Organizations (RICO) Act. On April 2, 2025, the Supreme Court issued a decision in Medical Marijuana, Inc. v. Horn,...more

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