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A recurrent theme in non-compete litigation is the overriding importance of choice-of-law. The latest example comes to us from the United States District Court for the Southern District of Texas and pits a Texas choice-of-law provision against Oklahoma public policy. Let’s take a look: Sometime in early 2013, Tulsa, Oklahoma based F&M Bank began talks … Continue reading
A recent case out of the Eastern District of New York raises interesting questions about the use of non-compete agreements in connection with merger talks. Let’s take a look: Calico Cottage, Inc. is a New York company engaged in the wholesale fudge business. That’s right. Calico sells both the ingredients needed to make fudge, fudge … Continue reading
A fascinating, salacious trade secrets case out of the Western District of Missouri and the Eighth Circuit Court of Appeals: Hallmark Cards, Inc. hired Monitor Company Group, L.P. to provide research related to the greeting cards market. Monitor then took the research it had prepared for Hallmark and gave it to a related private equity … Continue reading
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