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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."


Mark Parsons
  • Hogan Lovells


Leonid Zubarev
  • CMS, Russia


Andrew Moir
  • Herbert Smith Freehills LLP

Douglas J. Wood
  • Reed Smith LLP

Rachel Tarko Hudson
  • Sheppard Mullin Richter & Hampton LLP

Katrina Mawer
  • McInnes Wilson Lawyers

Peter Colegate
  • Hogan Lovells