False advertising against a competitor can create liability for multiple damages under Massachusetts law.

The Supreme Court has declined to review a lower court opinion that affirmed the US Copyright Office requirement of human authorship to be eligible for copyright protection.

The US Court of Appeals for the Sixth Circuit has ruled that when a complaint plausibly alleges sexual harassment, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can prevent arbitration of the entire case

The US District Court in New York held that a defendant’s written exchanges with a public AI platform were not protected by the attorney-client privilege or the work product doctrine.

The FTC has not totally walked away from noncompetes. The FTC is now going after no-hire provisions in commercial contracts.

Delaware courts have limited the circumstances under which a corporate officer's sexual harassment of employees can be a breach of fiduciary duties, creating personal liability.

The Delaware Supreme Court has held that the business judgment rule applied to a proposal to reincorporate from Delaware to Nevada. It reversed a lower court decision holding that the entire fairness standard should be applied. Why This is Important… This is a critical decision for corporations amid current debates over state laws and the growing number that have left Delaware for Texas, Nevada, or other jurisdictions. It provides a roadmap for evaluating fiduciary duty chall

The Third Circuit Court recently ruled that an employer failed to prove a CFAA or Defend Trade Secrets Act (“DTSA”) violation.

An online job applicant filed a class-action suit, alleging that an employer unlawfully required information about arrests. The employer's motion to compel arbitration was denied.

Even where the employee argued that customer names were not confidential and he had not taken any lists from the employer, the court granted an injunction.

Where are some contracts between the same parties had an arbitration clause and others did not, the parties ended up with two litigations to solve a problem

A former employee claimed that failing to pay amounts owed under a profit-sharing agreement violated the Massachusetts payment of wages law. The court dismissed the claim.

A jury found that adjoining land lessees interfered with a neighbor's ability to conduct business operations. On appeal, the judgment was vacated.

Forfeiting benefits for violating the no-solicitation agreement does not violate the statute that prohibits forfeiture of non-competition payments.

A Rhode Island resident employed by a Massachusetts company sued under the Massachusetts Wage Act. The court refused to dismiss the case.

DOL has consistently argued that travel between workplaces is compensable time, meaning it must be paid for and counts toward the total hours worked to determine whether overtime pay is required. The Supreme Court has agreed.

The Ninth Circuit has backed the National Labor Relations Board's order finding that an apartment complex manager illegally terminated an employee for discussing his wages with colleagues, a protected activity under the NLRA. It rejected the manager's argument that the employee was fired for poor work quality. WHY THIS IS IMPORTANT…Employees discussing wages generally qualify as protected activity under the NLRA. Employees have a right to discuss pay. The NLRA covers nearl

Six defendants stole trade secrets in violation of the Defend Trade Secrets Act. The court issued a worldwide permanent injunction.

A Michigan District Court found that shared services agreements and the parent companies' involvement could make parents liable for environmental claims against their subsidiaries. The court ruled these agreements, along with actual involvement, support a claim that parents operated the facilities and are responsible for violations. The court held that, while a parent company is protected from liability for its subsidiary's acts under standard state corporate law, it may st

Arbitration is a creature of contract. Unless the contract clearly states an agreement to arbitrate, courts are unlikely to compel it.