Insights & Tips
“The Apex Doctrine generally comes into play when a company or lower-level executives —not the CEOs— are the named defendants but the plaintiffs argue the CEOs have information relevant to the conduct of subordinates and the workplace as a whole. Execu …
September 25, 2024 In a recent case, in the Federal District Court of Arizona, the court granted an application for discovery in aid of arbitration pursuant to 28 U.S.C. §1782 (“Section 1782”). See In Re: Ex Parte Application Pursuant to Section 204 Of …
9/3/2024 In mediation, traditional demands and offers may not always provide the flexibility needed to prevent negotiations from reaching a stalemate. Introducing conditional and alternative demands or offers can change the dynamics by allowing parties …
9/3/2024 In the complex landscape of mergers and acquisitions (M&A) in the United States, understanding the legal liabilities that executives and board members face is crucial. The article linked below, authored by Kirkland & Ellis attorneys Ma …
9/3/2024 Recent developments have put OpenAI, a leading artificial intelligence company, under scrutiny as whistleblowers have urged the U.S. Securities and Exchange Commission (SEC) to investigate the company’s non-disclosure agreements (NDAs). These …
9/3/2024 The Seventh Circuit’s recent decision to uphold Motorola’s $407 million trade secrets award against Chinese rival Hytera Communications Corp. establishes a pivotal precedent in the extension of U.S. trade secrets law beyond its borders. The ru …
August 12, 2024 With the Federal Trade Commission’s Final Rule set to ban noncompete agreements nationwide from September 4, 2024, employers must act swiftly to ensure compliance. This article, prepared by McDermott Will & Emery partners Andrew C. …
August 12, 2024 The lawyers at Frank Shuster of Constangy Brooks Smith & Prophete LLP have published some useful reminders and key rules for navigating mediation successfully: Settlement is Not Surrender Approach mediation with the mindset that a s …
July 30, 2024 Unlike court proceedings, the arbitration process is driven by the parties’ contractual agreement. The arbitration agreement is usually included in the contract to which it relates, but parties can also enter into an agreement to r …
On June 27, 2024, the Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy declared the SEC’s administrative process for adjudicating fraud-based enforcement actions involving civil penalties unconstitutional. This landmark ruling …
July 10, 2024 PICKING THE RIGHT STATE MEDIATION PURSUANT TO THE UNIFORM MEDIATION ACT The Uniform Mediation Act (UMA) establishes a consistent and comprehensive set of rules for the confidentiality and privilege of mediation communications. Created by …
July 10, 2024 TRADE SECRET CLAIM DISMISSED: KEY TAKEAWAYS FROM VERTICAL BRIDGE REIT V. EVEREST INFRASTRUCTURE PARTNERS On May 23, 2024, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim in …
