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If You Want to Avoid Prejudgment Interest You Have to Expressly Say So in the Contract, Merely Striking the Interest Provision From the Contract May Not Work
  • Pepper Hamilton LLP
  • USA
  • May 17 2018

This case arose out of a project in Columbia, Missouri on which Jeff City Industry, Inc. (“JCI”) was the general contractor and G&G Mechanical

Unfair Competition and Trade Secrets Damages Limited to Plaintiff’s Losses Under New York Law
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • May 14 2018

When a defendant avoids the cost of developing its own technology by stealing proprietary information, can that defendant be required to re-pay the

Court Bars Trade Secret Claim Arising From Impermissible Uses of Information Shared Under NDA
  • Arent Fox LLP
  • USA
  • April 17 2018

To gain a competitive advantage, businesses typically invest significant time and money to develop and secure their trade secrets, such as information

False Claims ActQui Tam Whistleblower Litigation Involving Health Care Providers: United States of America v. BlueWave Healthcare Consultants, Inc.
  • Nelson Mullins Riley & Scarborough LLP
  • USA
  • April 6 2018

United States of America, et al. v. BlueWave Healthcare Consultants, Inc., et al. (9:14-cv-00230-RMG) is a significant qui tam action recently tried

Class Actions vs Individual lawsuits: The Equifax Litigation
  • McCarthy Tétrault LLP
  • Canada
  • March 23 2018

The New Year began with yet another lawsuit against Equifax, Inc. and their Canadian counterpart, Equifax Canada Co. (collectively, “Equifax”). This

BCSC clarifies the evidentiary requirements for establishing commonality of harm
  • McCarthy Tétrault LLP
  • Canada
  • March 23 2018

Canadian courts have consistently cautioned against applying an exacting standard of scrutiny at the certification stage. But the B.C. Supreme Court’s

Sovereign Immunity Bars Contractor's Claims for Unjust Enrichment and Promissory Estoppel Against City Government on Semi-Public Project
  • Pepper Hamilton LLP
  • USA
  • March 15 2018

BK Partners LLC (BK) sought to build a condominium complex in Davidson County. This required an upgrade to the existing public sewer system

The Department of Justice’s Consumer Protection Branch Believes a Coupon-Driven Class Action Settlement Is “Unfair” and States it Is Cracking Down on “Unfair” Class Action Settlement Proposals
  • Venable LLP
  • USA
  • March 7 2018

Is the government about to make it harder for companies to settle consumer class actions? The Department of Justice’s Consumer Protection Branch, in a

Nixing Nationwide Class Action Claims: Federal Court Ruling Provides Blueprint For Businesses
  • Seyfarth Shaw LLP
  • USA
  • January 24 2018

In DeBernardis v. NBTY, Inc., Case No. 17-CV-6125, 2018 U.S. Dist. LEXIS 7947 (N.D. Ill. Jan. 18, 2018), Plaintiff alleged that Defendants made false

Illinois App. Court (1st Dist) Holds Subsequent Foreclosure-Related Action Barred by Illinois ‘Single Refiling’ Rule
  • Maurice Wutscher LLP
  • USA
  • January 18 2018

The Appellate Court of Illinois, First District, recently dismissed a mortgagee's "breach of mortgage contract" action as an impermissible second