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