WIGDOR LLP’s Post

Claimants dominated in trade secret misappropriation cases in 2023, prevailing over defendants by more than a 3 to 1 margin! Other key stats include: ➡️ Claimants won 18% of cases with DTSA claims ➡️ Defendants won just 5% of DTSA cases ➡️ Median time to resolution was faster in DTSA cases Keep your eyes peeled for the upcoming Lex Machina 2024 Trade Secret Litigation Report to know more! https://bit.ly/3KVcvtq 👀 #LegalAnalytics #TradeSecrets #LexMachina

Check out this insightful article from a great and knowledgeable group of folks.

#UPCdatabase #decisionoftheweek LD Hamburg, 27 January 2024, procedural order, UPC_CFI_22/2023 #hamburglocaldivision #applicationfortimeextension #confidentiality #counterclaimforrevocation #defensetoacounterclaimforrevocation #extensionoftimeperiod #protectionofconfidentialinformation #r262arop #r291rop #r301brop #r93rop #timeperiod ! Key takeaways: The time period for responding to a counterclaim for revocation and the time period for the reply to the statement of defense should run in parallel: In a case in which the statement of defense includes trade secrets but the counterclaim for revocation does not, and in which access to an unredacted version of the ...

Learn about Economic Substance (“ES”) in the BVI and find out, amongst other things, the ‘relevant activities’ that trigger the requirement to comply with ES as well as the applicable enforcement and sanctions for non-compliance with ES. To help you navigate the ES requirements in the BVI, Loeb Smith Attorneys can provide an ES Compliance Solutions package that can facilitate the passing of the ES Test for BVI entities. Our ES Compliance Solutions package includes (i) dedicated human resources and administrative staff, (ii) work stations and office space, (iii) Boardrooms for meetings, (iv) BVI resident Independent Directors to sit on the Board of your BVI entity, and (v) coordinating board agendas and meetings which help to satisfy the ES Test. We remain at the forefront of regulatory developments in the BVI, providing expert advice in a commercially workable context. Check the video link below to learn more. https://lnkd.in/g6_wPEui #EconomicSubstance #compliancesolutions #BVIcompliance #compliance #compliancematters #BritishVirginIslands

Supreme court ruled in favour of EB1A! Let me tell you how. The Supreme Court's decision to end the Chevron doctrine is a win for EB1A cases. But what does the Chevron doctrine mean? It means that federal courts traditionally defer to federal agencies' interpretations of laws if those interpretations are deemed reasonable. So, what is the Supreme Court's decision? Federal courts can now make their own decisions to check if the agency is working within the powers given to it by the law, instead of following the Chevron doctrine. But how do these changes impact EB1A cases? Let me explain this with an example involving someone named Renu. Renu met all three EB1A criteria but was denied based on the final merits determination, with denial reasons that were not convincing. As a result, Renu sued USCIS in federal court over its decision. Federal courts typically handle such disputes in two ways: If the law is clear, the federal court requires federal agencies to follow it. If the law allows for multiple reasonable interpretations, the federal court follows the interpretation provided by federal agencies. Usually, the final merits determination relies on the Chevron doctrine. However, with the Chevron doctrine overturned, the federal court now reviews USCIS's decision on Renu's case independently. Moreover, overturning Chevron deference prompts USCIS to make more thoughtful and fair decisions regarding final merits determinations. This is gonna be huge, right? Let me know in the comments! #Chevron #eb1a

Learn about Economic Substance (“ES”) in the #BVI and find out, amongst other things, the ‘relevant activities’ that trigger the requirement to comply with ES as well as the applicable enforcement and sanctions for non-compliance with ES. To help you navigate the #ES requirements in the BVI, Loeb Smith Attorneys can provide an ES Compliance Solutions package that can facilitate the passing of the ES Test for BVI entities. Our ES Compliance Solutions package includes (i) dedicated human resources and administrative staff, (ii) work stations and office space, (iii) Boardrooms for meetings, (iv) BVI resident Independent Directors to sit on the Board of your BVI entity, and (v) coordinating board agendas and meetings which help to satisfy the ES Test. We remain at the forefront of regulatory developments in the BVI, providing expert advice in a commercially workable context. Contact us for more information and check the video link below to learn more. https://lnkd.in/g6_wPEui #EconomicSubstance #compliancesolutions #BVIcompliance #compliance #compliancematters #BritishVirginIslands

Check out this LexisNexis Practical Guidance practice note on the Defend Trade Secrets Act. #DTSA #LexisNexisPracticalGuidance

PART 2: Representation at the CCMA In this instalment, we explore the intricacies of arbitration, the second process employed by the CCMA. Click here to read more: https://bit.ly/3WojnXr

Had the pleasure of attending the SIAC Rules Revision Roundup earlier today and it was packed with valuable updates! The expert panel, featuring Vivekananda Neelakantan, Prof Bernard Hanotiau, Prof Lawrence Boo, Karina Goldberg, and Siraj Omar, moderated by Samuel Leong, provided a comprehensive overview of the most crucial revisions to the 7th edition of the SIAC Rules. Some of the key takeaways from the 7th edition of the SIAC Rules that caught my attention are: Streamlined Procedures: Enhanced efficiency for smaller disputes with cost-effective options. Expedited Procedures and Emergency Arbitration: Faster resolution for time-sensitive matters. List Procedure for Arbitrator Appointments: Streamlined selection process with expert guidance. Publication of Redacted Orders/Awards: Increased transparency while protecting confidentiality. The SIAC is truly pioneering for what appears to be exciting times for international arbitration ! #SIAC #SIAC Rules #internationalarbitration #institutionalarbitration #innovation

Excited to share my latest blog publication titled: "Enigma of Explanation to Section 33(2): Unleashing the Unchecked Power of CoC, A Threat to the Object of IBC" on The Indian Review of Corporate and Commercial Laws (IRCCL). Check it out here