The Litigation Environment in the Vape Industry

The industry should anticipate more lawsuits and investigations from attorneys general and local municipalities.

To Be, or Not To Be … Laches

In view of the myriad ways lawyers misstate, misplace or, in some cases, mistakenly weaponize the doctrine of laches, a revisit and clarification of the doctrine is worthwhile.

Delaware Supreme Court Upholds Forum Selection Clause Provisions for Securities Act Claims

The decision will likely stem the tide of securities class actions being filed in state court following the U.S. Supreme Court’s decision in ‘Cyan’, and may serve as a roadmap for proponents of arbitration clauses for securities litigation in corporate charters.

Defend Trade Secrets Act Goes International

Trade secret owners cannot completely depend on government action to protect their valuable rights. Private civil actions remain an important part of the trade secret owner’s arsenal.

Class Action Waivers in FINRA Employee Arbitrations: Is a Circuit Split on the Horizon?

We may soon see a circuit split on the issue of class action waivers in FINRA employee arbitrations. In 2015, the Second Circuit held that FINRA firms may use class action waivers to bypass FINRA rule 13204 that allows employees to file judicial class actions. Parties recently argued the same issue to the Ninth Circuit. If the Ninth Circuit decides the issue differently or if another circuit voids class waivers, the Supreme Court may be asked to resolve the conflict.