Understanding the Uniform Trade Secrets Act
- Apr 4 2018
What is a Trade Secret? At its core, a trade secret is information of commercial value. It can be anything, such as a formula, strategy, device, process, or recipe. It …
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Barclays Agrees To Pay $2 Billion To Settle Claims Related To The Issuance Of Residential Mortgage-Backed Securities
- Apr 2 2018
On March 29, 2018, the Department of Justice (“DOJ”) announced (here) that it had reached agreement with Barclays Capital, Inc. and several of its affiliates (together, “Barclays” or the “Bank”) …
Be Careful What You Pay For — The Voluntary Payment Doctrine, While Old, Is Alive And Well
- Mar 30 2018
Simply stated, the “Voluntary Payment Doctrine” bars recovery of payments voluntarily made with full knowledge of the facts, and in the absence of fraud or material mistake of fact or …
Derivative Standing And The Difficulty In Distinguishing Between Direct And Derivative Claims
- Mar 28 2018
It is well-settled that a plaintiff asserting a derivative claim seeks to recover for injury to the business entity. A plaintiff asserting a direct claim seeks redress for injury to …
Cyan V. Beaver County Employees Retirement Fund: Supreme Court Affirms State Court Jurisdiction Over Securities Act Class Actions
- Mar 26 2018
On March 20, 2018, the United States Supreme Court decided Cyan, Inc. v. Beaver County Employees Retirement Fund, No. 15-1439, in which it unanimously held that the Securities Litigation Uniform …
Good News In The First Department For Owners of Real Property Subject to Mechanic’s Liens Discharged By Bond
- Mar 23 2018
A mechanic’s lien is an encumbrance on the title to the real property. Contractors and subcontractors, among others (collectively, “Contractors”), whose work improves real property, are entitled to place a …
Contract Forum Selection Clause Trumps Arbitration Requirement In U-4
- Mar 21 2018
The Financial Industry Regulatory Authority (“FINRA”) is the largest independent, non-governmental regulator of broker-dealer firms doing business in the United States. See UBS Fin. Servs., Inc. v. W. Va. Univ. …
Is The Dol Fiduciary Rule Dead Or Alive?
- Mar 19 2018
Since the summer of 2016, this Blog has written about the Fiduciary Rule (the “Fiduciary Rule” or the “Rule”), which the Department of Labor (“DOL”) promulgated in April 2016. (See, …
Securities Class Action Settlements “Dramatically” Decline In Value Finds Cornerstone Research
- Mar 16 2018
According to a new report by Cornerstone Research (“Cornerstone”), titled Securities Class Action Settlements—2017 Review and Analysis (the “Report”) (here), total settlement dollars from securities class action lawsuits declined “dramatically” …
Going, Going, Gone
- Mar 14 2018
“Timing is everything”, it is often said. A fine illustration of this often-uttered phrase can be found in Reverend C.T. Walker Housing Dev. Fund Corp. v. City of New York …
