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Economic Analysis
Georgia Federal Court Denies TRO and Motion to Dismiss in Trade Secrets Case
On March 27, 2025, in Stimlabs LLC v. Griffiths, the U.S. District Court for the Northern District of Georgia ordered a former executive, Sarah Griffi...
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Mergers and Acquisitions
Fourth Circuit Rejects the Use of Short-Seller Report as a Basis for Satisfying Loss Causation Element in Securities Fraud Action
The United States Court of Appeals for the Fourth Circuit recently joined a growing consensus among federal appellate courts: short-seller reports, ...
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Economic Analysis
Eleventh Circuit Revives Trade Secret Misappropriation Claim in Long-Running Litigation
On April 4, 2025, the Eleventh Circuit reversed the U.S. District Court for the Northern District of Alabama’s ruling dismissing Alabama Aircraft In...
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Mergers and Acquisitions
Shifting Sands – Recent Developments in UK Merger Control
The UK’s Competition and Markets Authority (CMA) is taking significant steps to update its approach to merger control following both the coming into...
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Mergers and Acquisitions
Closing Time: Hell, High Water, and Insights from the Delaware Chancery Court Decision in Desktop Metal v. Nano Dimension
Cross-border M&A deals frequently present unique issues and strategic closing considerations for transaction parties to navigate—including nati...
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Mergers and Acquisitions
Delaware Enacts Sweeping Changes to the Delaware General Corporation Law
On March 25, 2025, the governor of Delaware signed into law Senate Bill 21, over much opposition from the plaintiffs’ bar and some academics. The ...
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Mergers and Acquisitions
Delaware Enacts Amendments to Provide Safe Harbors for Conflicted Transactions
On March 25, 2025, Delaware enacted Senate Bill 21, which introduces significant changes to the Delaware General Corporation Law. The amendments put i...
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Economic Analysis
Court Rejects DTSA Claim Over Inadequate Efforts to Protect Alleged Trade Secrets
On March 13, 2025, the U.S. District Court for the Eastern District of New York dismissed a trade secret misappropriation claim under the Defend Trade...
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Expert Witness
Don’t Believe the Hype – AI Won’t Magically Solve Your Data Issues (Yet)
CEO & Co-Founder of CI, a data solutions company, sheds insider knowledge on the unreliability of AI technology for law firms' data issues. The p...
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Mergers and Acquisitions
New CDIs Related to M&A
Corp Fin has just posted some new CDIs related to M&A transactions, more specifically, a revised CDI related to Form S-4 and lock-up agreements an...
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Mergers and Acquisitions
SEC to Expand Confidential Filing Privileges
The U.S. Securities and Exchange Commission (SEC) has announced significant changes to its confidential filing procedures, aiming to support capital ...
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Mergers and Acquisitions
SEC Withdraws from Prominent Crypto Enforcement Amid Regulatory Shift
Just over one month into the second Trump Administration, the crypto industry appears poised to notch yet another victory in its longstanding tug-of-...
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Mergers and Acquisitions
M&A Playbook for Acquiring AI-Powered Companies
As artificial intelligence (AI) continues to transform the business world, acquirors need to prepare for a deep dive when evaluating companies that u...
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Mergers and Acquisitions
OFSI Steps Up: The Future of UK Sanctions Enforcement
In the past year, the UK Office of Financial Sanctions Implementation (OFSI) actively has focused on sanctions enforcement efforts, particularly with ...
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Economic Analysis
District Court Dismisses Trade Secrets Claim Lacking Explicit Expectation of Privacy
On February 20, 2025, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failing to ...
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Mergers and Acquisitions
The Return of the CTA: FinCEN Confirms that Beneficial Ownership Information Reporting Requirements are Back in Effect with a New Deadline of March 21, 2025
On February 19, 2025, the Financial Crimes Enforcement Network (“FinCEN”) announced that beneficial ownership information reporting requirements ...
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Mergers and Acquisitions
DOJ Gun-Jumping Complaint Highlights Importance of Careful Preparation of Interim Operating Covenants to Avoid HSR Act Violations
A recent civil complaint from the U.S. Department of Justice (DOJ) highlights the importance of carefully planning interim operating covenants in M&#...
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Mergers and Acquisitions
New Delaware Bill Would Offer Safe Harbor for Conflicted Transactions—Will it Convince Companies to Stay Put in Delaware?
As discussed on the Cooley PubCo blog earlier this month, there has been a lot of chatter and speculation recently about companies changing their st...
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Mergers and Acquisitions
The Private Equity Developments That Defined 2024
Your essential recap is here Private equity in 2024 was marked by evolving deal dynamics, strategic shifts and heightened regulatory scrutiny. Which s...
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Mergers and Acquisitions
Delaware Supreme Court Holds Business Judgment Governs Decision to Reincorporate Outside of Delaware For Purpose of Reducing Litigation Exposure In the Absence of Existing or Threatened Litigation
In Maffei v. Palkon, No. 125, 2024, 2025 Del. LEXIS 51 (Del. Feb. 4, 2025) (Valihura, J.), the Delaware Supreme Court held that a corporation’s dec...
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Economic Analysis
Seventh Circuit Decision Highlights Distinction Between Traditional Non-Compete and Forfeiture-for-Competition
A recent decision by the U.S. Court of Appeals for the Seventh Circuit allowed an employer to enforce a “forfeiture-for-competition” against a for...
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Mergers and Acquisitions
Antitrust in 2025: Shifting Sands and What to Expect
In the US, the election of Donald Trump for a second term has significant implications for antitrust enforcement at the Antitrust Division of the Depa...
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Mergers and Acquisitions
Navigating the Matrix of State Healthcare Approvals
The outlook for federal antitrust enforcement remains murky, at best, with uncertainty about whether the new federal HSR rules, merger...
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Mergers and Acquisitions
Delaware Supreme Court Reverses Chancery Court, Holds Business Judgment Review Applicable to Tripadvisor’s Decision to Reincorporate in Nevada
Delaware corporations contemplating conversion to another state should take note of the Delaware Supreme Court’s recent decision in Maffei, et al. ...
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Mergers and Acquisitions
Cooley’s 2024 Tech M&A Year in Review: We’re So Back (It’s So Over)
There’s nothing people love more than a good comeback story. After a rough 2023, tech M&A in 2024 was slow to start but ended the year strong, w...
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Mergers and Acquisitions
Cooley’s 2024 Activism Year in Review: Activists Ascendent
2024 was a prolific year for activists, with 243 campaigns launched globally – the highest number since 2018. US activity was up modestly, and a bus...
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Economic Analysis
Evidence of a Defendant’s Physical or Digital Retention of Trade Secret Information Is Not Required to Prove Trade Secret Misappropriation Under the California Uniform Trade Secrets Act
A recent federal district court ruling serves as an important reminder that a former employee may be held liable for trade secret misappropriation eve...
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Mergers and Acquisitions
New Hart-Scott-Rodino Act Filing Thresholds, Filing Fees and Interlocking Directorate Thresholds Announced
The Hart-Scott-Rodino (HSR) Act thresholds, which determine whether mergers and acquisitions must be reported to the US Department of Justice (DOJ) an...
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Mergers and Acquisitions
Cooley’s 2024 Life Sciences M&A Year in Review: M&A Slims Down in 2024, but Will Appetites Grow in 2025?
With every new year comes reflection and resolutions. But as we go to press well into January, it is worth a reminder that studies show nearly 90% of ...
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Economic Analysis
Jury Awards $452 Million After Trade Secrets Trial
On December 3, 2024, a U.S District Court for the District of Massachusetts jury awarded Plaintiff Insulet Corporation $452 million in compensatory an...
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Economic Analysis
EV Trade Secrets Litigation Series: Tesla and Rivian Resolve High-Stakes Legal Clash Over IP
After getting the green light to proceed to a trial in March of 2025, Tesla and Rivian have reportedly reached an agreement to settle their trade secr...
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Expert Witness
CI Wrapped 2024: Our Year In Review
An overview of CI's major accomplishments in 2024, including new product launches, doubled growth, and more. The post CI Wrapped 2024: Our Year In Rev...
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Economic Analysis
Delaware Supreme Court Refuses to Enforce Noncompete Against Company Founder Who Joined Competitor
As previously reported (here and here), some Delaware courts have recently declined to “blue pencil,” i.e., modify and narrow overbroad ...
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Mergers and Acquisitions
Navigating the New European Commission’s M&A Landscape: What In-House Counsel Need To Know
As the new European Commission (EC) assumes office for the 2024 – 2029 term, in-house legal counsel across industries must brace for an evolving reg...
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Economic Analysis
The Proliferation of Trade Secret Misappropriation and U.S. Enforcement Choices
This is a boom time for trade secret litigation in the U.S. The underlying conditions driving the boom include the growing mobility of the global...
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Expert Witness
3 Ways CI Drives a Competitive Advantage for Insurance Companies
CI's data improves insurance companies' legal professional recruiting efforts, data analytics programs, and litigation outcomes. The post <strong&g...
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Economic Analysis
Companies Should Take Notice of the Extraterritorial Reach of U.S. Trade Secret Law
Following the Seventh Circuit’s recent decision in Motorola Solutions Inc. v. Hytera Communications Corp. Ltd., the United States may become a desti...
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Economic Analysis
Virginia Court of Appeals Vitiates Multi-Billion Dollar Trade Secrets Verdict
Finding errors in the lower court’s jury instructions and evidentiary rulings, the Virginia’s Court of Appeals struck down a $2 billion trade ...
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Expert Witness
Why Courtroom Insight Relaunched
An explanation of how and why Courtroom Insight evolved from a knowledge management company to a leading data solutions provider. The post Why Courtro...
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Mergers and Acquisitions
Learning Old Lessons From Recent Life Sciences Earnout Disputes: Above All Else, Words Matter
There’s an old saying – “Sticks and stones may break my bones, but words will never hurt me.” While this mantra may help bruised egos on the p...
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Mergers and Acquisitions
Key Considerations as FTC, DOJ Significantly Change HSR Premerger Notification Requirements
On October 10, 2024, the Federal Trade Commission (FTC) announced a unanimous 5-0 vote to finalize changes to the Hart-Scott-Rodino (HSR) premerger n...
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Expert Witness
Courtroom Insight Announces its Relaunch as a Data Company
Courtroom Insight announces its relaunch as a data company focused on providing clean, structured, and connected data for people and matters within th...
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Economic Analysis
Streamlining University IP Innovation: How the Improving Efficiency to Increase Competition Act Could Advance University Inventions
University-driven innovation is a cornerstone of societal progress, as academic institutions play a pivotal role in advancing research and technology ...
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Mergers and Acquisitions
As CFIUS Announces Significant Penalties, Companies and Investors Confront a Shift in CFIUS Filing Cost-Benefit Dynamics
On the heels of releasing its 2023 Annual Report to Congress, the Committee on Foreign Investment in the United States (CFIUS) publicly anno...
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Economic Analysis
The Rise of Trade Secret Litigation
Legal regimes are shifting, including in the intellectual property world as businesses increasingly seek the protection of trade secrets rather than p...
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Economic Analysis
EV Trade Secrets Litigation Series: EV Trade Secrets Dispute Takes a Twist as $71M Verdict is Overturned
Continuing our series on electric vehicle (EV) trade secret litigations, a federal judge has overturned a jury’s verdict awarding $71 million to Zun...
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Expert Witness
The Value Of Investing In CI
5 reasons why investing in CI is a strategic move for forward-thinking law firms. The post The Value Of Investing In CI appeared first on Courtroom In...
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Mergers and Acquisitions
Not the Show They Wanted: DOJ Hits Venue Services Group With $3.5 Million HSR Gun-Jumping Penalty
The US Department of Justice (DOJ) filed a complaint and proposed consent decree alleging that Legends Hospitality Parent Holdings prematurely acq...
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Expert Witness
Expert Witness: Ironworker Safety During Steel Erection Activities
By Homer R. Peterson II, P.E., CSP, CFLC Introduction During construction or renovation of almost any type of structure containing structural steel me...
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Mergers and Acquisitions
13 Top Considerations for Tackling a Merger of Equals Transaction Like a Mastermind
Just like the romantic union of global pop superstar Taylor Swift and Super Bowl champion Travis Kelce, in the business world, combinations of similar...
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Economic Analysis
Virginia Court of Appeals Reverses Record $2 Billion Verdict, Emphasizing Damages Resulting from Misappropriation Must Actually Be Proved Under Virginia Trade Secrets Law
The Virginia Court of Appeals recently issued a consequential trade secrets ruling, reversing a jury’s multi-billion dollar damages award, and findi...
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Economic Analysis
Attorney’s Fees May Be Recoverable in Trade Secret Cases, Even Without Damages
In California, although the prevailing rule is that each party in litigation must cover their own fees and costs, a litigant can be awarded reasonable...
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Economic Analysis
California Court of Appeal Rules That Partial Sale of Business Can Bind Seller-Owner to a Noncompetition Agreement
In Samuelian v. Life Generations Healthcare, LLC, — Cal. App. 5th —, 2024 WL 3878448 (Cal. App. Aug. 20, 2024), the California Court of Appeal ...
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Expert Witness
3 Key Ways the CI Directory Supercharges Law School Success
How the CI Directory enhances law schools' alumni relations, career services, and education functions. The post 3 Key Ways the CI Directory Supercharg...
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Expert Witness
How CI Helps Law Firms Solve the Data Conundrum
How Courtroom Insight provides clean, structured, & connected data to help law firms solve the data conundrum. The post How CI Helps Law Firms So...
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Mergers and Acquisitions
Will A Bump-Up Exclusion Bar Coverage of an M&A Settlement? It Depends.
Public company insurance policyholders beware: In recent years, insurance carriers have increasingly invoked the “bump-up” exclusion, which is a c...
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Economic Analysis
Maine Governor’s Veto of Non-Compete Ban Bucks Growing Trend Among States and Federal Trade Commission
Amidst a wave of non-compete bans sweeping California, North Dakota, Oklahoma, Minnesota and, most recently, the nation via the Federal Trade Commissi...
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Mergers and Acquisitions
4 Tips for Drafting Earnouts To Avoid Disputes
Amid a somewhat sluggish mergers and acquisitions market, and as buyers seek to scoop up companies at a discount while sellers long for the sky-high v...
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Economic Analysis
Not So “Final”? Texas Federal Court Enjoins Enforcement of FTC’s Noncompete Ban, Leaving Future of Commission’s Rule in Doubt
On July 3, District Judge Ada Brown of the Northern District of Texas issued an order enjoining the Federal Trade Commission (“FTC”) from enforcin...
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Expert Witness
The Value in Harnessing Clean Data
The importance of harnessing clean data at a law firm or legal organization, and how Courtroom Insight can help facilitate this. The post The Value in...
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Expert Witness
2024 Judicial Research Trends
Insights on the current trends in judicial research, highlighting best practices, data sources, and difficulties. The post 2024 Judicial Research Tren...
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Expert Witness
Expert Witness Fees – How Much Should an Expert Witness Charge
According to SEAK’s 2024 Survey of Expert Witness Fees which surveyed over 1,600 expert witnesses: The median hourly fee for file review/preparation...
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Expert Witness
Spine MRI Expert Witness: Findings, Diagnosis and Potential Causes
By Robert J. Nocerini, MD Introduction MRIs of the spine are frequently performed after a new episode of back or neck pain, or at some point after tra...
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Expert Witness
CRPS Life Care Plan Expert Witness: Understanding the Elements of Future Medical Needs
By Adam Carinci, MD In personal injury cases involving complex regional pain syndrome (CRPS), a CRPS life care plan expert witness may need to be reta...
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Expert Witness
Hospital Liability Expert Witness: What is hospital corporate negligence, and why does it matter?
Richard A. Parker, M.D. You may find this surprising – as I did many years ago – that you cannot sue a not-for-profit hospital in Massachusetts an...
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Expert Witness
Steel Erection Expert Witness: Transfer of Custody of Fall Protection
By Homer R. Peterson II, P.E., CSP, CFLC After completion of the steel erection portion of an area, building, phase, level, or sequence of a construct...
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Expert Witness
Military Compensation Expert Witness: Understanding How Damages are Calculated
By: Michael McCarthy When a member of the military has been involved in an accident, understanding the impact of the injury on his or her future earni...
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Expert Witness
Opioid Toxicology Expert Witness: Understanding Opioid Toxicology
By: Allison Muller Pharm.D, D.ABAT, FAACT The Difference Between Opiates and Opioids Opiates are naturally occurring compounds derived from the opium ...
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Expert Witness
Catheter Infection Expert Witness: Background, Diagnosis and Management
By John P. Lieberman MD, CPHQ Background: A catheter is a flexible tube that is inserted into the body with the purpose of withdrawal of fluids from (...
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Expert Witness
Spinal Epidural Abscess (SEA) Expert Witness: Background, Diagnosis and Treatment
By: Paul Louis, MD Introduction Back pain is one of the most frequent symptoms that patients come to the emergency department for. In fact, there ar...
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