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Creating, Making, Or Breaking It: Second Circuit Reexamines "Hot News" Misappropriation Tort
In a convoluted 88-page decision, the Second Circuit simultaneously reaffirmed the continued existence of the "hot news" misappropriation tort, stripped the tort of its five-factor preemption test used for nearly fifteen-years, and replaced it with an abridged analysis under the theory of "free-riding." Barclays Capital, Inc. v. Theflyonthewall.com, 2011 WL2437554 (2d Cir. June 20, 2011).
United States
5 Jul 2011
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