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Expert Analysis

The 2nd Circ. Stance On 'Hot News' Misappropriation

Law360, New York (July 5, 2011, 12:29 PM EDT) -- In a recent decision that uproots long-standing precedent, the U.S. Court of Appeals for the Second Circuit dealt a blow to companies looking to rely on the "hot news" misappropriation doctrine to protect their valuable data and information. In Barclays Capital Inc., et al., v. Theflyonthewall.com Inc.,[1] the court found that, on the facts before it, the hot news doctrine was preempted by the Copyright Act. More importantly, the court's analysis of the doctrine suggests that it may be harder for companies to sustain a hot news claim in the Second Circuit....

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