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Creating, making, or breaking it: Second Circuit reexamines "hot news" misappropriation tort
  • Dentons
  • USA
  • June 30 2011

In a convoluted 88-page decision, the Second Circuit simultaneously reaffirmed the continued existence of the "hot news" misappropriation tort, stripped the tort of its five-factor preemption test used for nearly fifteen-years, and replaced it with an abridged analysis under the theory of "free-riding."

Steven F. Lederman
  • Squire Patton Boggs

Lauren S. Kuley
  • Squire Patton Boggs

Ken Clark
  • Aird & Berlis LLP | Aird & McBurney LP

Colleen Theresa Brown
  • Sidley Austin LLP

Eric W. Lee
  • K&L Gates

Nicholas Chan
  • Squire Patton Boggs

Joel Smith
  • Herbert Smith Freehills LLP

Richard Pascoe
  • Squire Patton Boggs