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Kilpatrick Townsend & Stockton LLP | USA | 25 May 2022

Data breach class actions: Southern District of New York dismisses action against health care providers for lack of standing

Takeaway: In a prior article, we reported on the Second Circuit’s decision in McMorris v. Carlos Lopez & Associates, LLC, 995 F.3d 295 (2d Cir. 2021)…
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Ellis & Winters LLP | USA | 4 May 2022

Malicious Prosecution: Dismissals as Good as Acquittals

In April, the United States Supreme Court issued a landmark opinion overruling decades of precent with respect to whether law enforcement officials…
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Nelson Mullins Riley & Scarborough LLP | USA | 28 Apr 2022

Federal Fraud Statutes: Have Courts Caught Up to the Catch-All Statutes?

The U.S. Court of Appeals for the Second Circuit's recent reversal of two Deutsche Bank traders' wire and bank fraud convictions arising out of the…
Commentary
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Crowell & Moring LLP | USA | 26 Apr 2022

Second Circuit rejects DTSA claim due to weak software licensing agreement

The Second Circuit recently clarified the requirements for alleging a trade secret misappropriation claim under the Defend Trade Secrets Act. The decision affirmed the Eastern District of New York's dismissal of a trade secret misappropriation lawsuit against a formerly licensed software user. The Second Circuit's decision will be useful to trade secret defendants in future cases who face......
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Hall Benefits Law | USA | 12 Apr 2022

Split 2nd Circuit Panel Rejects Ex-Disney Worker’s Bid for Severance

A split panel of the Second Circuit Court of Appeals has ruled that the Walt Disney Co. does not owe severance pay to a terminated former worker…
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Loeb & Loeb LLP | USA | 11 Apr 2022

Second Circuit Signals Broader Interpretation of “Catchall” Provisions in Force Majeure Clauses Under New York Law

Force majeure clauses have been the subject of much discussion and litigation over the past two years, as many businesses adversely impacted by…
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Bilzin Sumberg | USA | 8 Apr 2022

The Sincerest Form of Flattery (Not)

In a somewhat shocking decision handed down in March 2021, the Second Circuit ruled against the Andy Warhol Foundation for Visual Arts in a copyright…
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Bracewell LLP | USA | 5 Apr 2022

Supreme Court Takes Up Andy Warhol's "Prince Series" Fair Use Circuit Split

The U.S. Supreme Court agreed last week to review the Second Circuit’s decision that Andy Warhol’s well-known “Prince Series” was not a…
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Seyfarth Shaw LLP | USA | 31 Mar 2022

Bringing Website Accessibility Lawsuits in New York Just Got a Little Harder for Repeat Plaintiffs

New York federal courts have been inundated with website accessibility lawsuits in recent years and continued to lead the country with 2,074 cases…
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Shawe Rosenthal LLP | USA | 31 Mar 2022

A Supervisor’s Single Use of the N-Word Can Create a Hostile Work Environment

A supervisor’s sporadic use of offensive words normally is alone not sufficient to create a hostile work environment under Title VII - except for the…
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