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Fodder to Punish Discovery Delays

Fodder to Punish Discovery Delays

Many Judges are reluctant to punish delinquent discovery.  To many prosecuting attorneys, it can be a frustrating experience – sending out demands, then follow-up letters, arranging for meet-and-confers, and finally, motion practice that ends with the other side getting a further...

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Be Careful — or Be Subject to a Spoliation Claim

Be Careful — or Be Subject to a Spoliation Claim

Spoliation of evidence can negatively affect a client’s case before the lawsuit is even filed.  Clients should avoid the temptation to delete emails or texts, and affirmatively make certain that no documents are “routinely” deleted with litigation on the horizon, as shown in the...

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Trade Secrets May Remain Secret in Perpetuity

Trade Secrets May Remain Secret in Perpetuity

While a former employer cannot impose a non-compete restrictive covenant against an ex-employee in perpetuity, the recent case of Coeur, Inc. v. Wygal, No. 6:20-CV-06473 EAW, 2021 WL 4225657 (W.D.N.Y. Sept. 16, 2021) has shown that trade secrets can indeed remain secret forever. By way...

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The Implied Covenant of Good Faith and Fair Dealing

The Implied Covenant of Good Faith and Fair Dealing

Sometimes, a breach of contract claim is not enough, especially when presented with a bad faith scheme to undermine the deal which founded the contract.  In the recent decision in Healthy Lifestyle Brands, LLC v. Env't Working Grp., No. 20 CIV. 1098 (ER), 2021 WL 4459458, at *1...

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