Civil Remedies Business Torts

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Using the Economic Loss Rule to Your Client’s Benefit

All lawyers can benefit from having available a toolbox of general legal knowledge with which to frame a case to their client’s advantage. For business attorneys the economic loss rule is a particularly useful tool. At its...more

Second Circuit Holds That SIPA Does Not Permit an Inflation or Interest Adjustment to “Net Equity” Claims For Customer Property

In In re Bernard L. Madoff Investment Securities LLC, No. 14-97-bk(L), 2015 WL 727965 (2d Cir. Feb. 20, 2015), the United States Court of Appeals for the Second Circuit held that no adjustment for inflation or interest could...more

Rare Defendant Class Certified in Federal North Carolina Ponzi Scheme Class Action

Most of the cases that come to mind when you think “class action” consist of a large group of plaintiffs (hundreds or multiple thousands) seeking authorization to proceed as a class in one lawsuit against one or a handful of...more

Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc. - USCA, Ninth Circuit, February 20, 2015

Following jury verdict on Lanham Act claim in favor of entity owned by Bob Marley’s children, Ninth Circuit affirms denial of defendants’ motion for judgment as matter of law, finding that trial evidence supported jury’s...more

Fraud Verdict Against Countrywide & BofA Upheld

BofA’s “hustling” attempt to overturn a $1.27 billion judgment against it and Countrywide—along with the individual defendant identified in the next paragraph, the “Defendants”—in the U.S. District Court for the Southern...more

In Ordering Disgorgement in SEC Cases, Courts Have Discretion, but Not That Much Discretion

When defendants argue in federal court against the SEC’s calculation of a disgorgement figure, they hear a lot of this: “A district court has broad discretion to order disgorgement of profits obtained through...more

(Un)licensed to Ill: Three Common Sense Lessons Every Marketing Department Should Learn from Beastie Boys v. Monster Energy Co.

As reported by several media outlets in the last few weeks, the Beastie Boys are seeking nearly $2.4 million in attorneys’ fees from Monster Energy Co.—the maker of the eponymous Monster energy drinks—after Monster was found...more

Has the "Inevitable Disclosure" Doctrine Found a Foothold in North Carolina?

Twenty years ago, the Seventh Circuit Court of Appeals in PepsiCo, Inc. v. Redmond, 54 F.3d 1262 (7th Cir. 1995) advanced the “inevitable disclosure” doctrine in trade secret misappropriation cases. The doctrine essentially...more

An Effective Way to Fight an Objectively Frivolous Lawsuit

An angry client calls: “I have been sued.” But this time, there is absolutely no basis in law or fact for the lawsuit. The client asks: “Can I get the case dismissed and recover my attorney’s fees against the lawyer...more

Sinchareonkul v. Fahnemann, C.A. No. 10543-VCL (Del. Ch. Jan. 22, 2015) (Laster, V.C.)

In this memorandum opinion, the Court of Chancery denied the plaintiff’s motion for an expedited preliminary injunction hearing to be held prior to February 10, 2015, but found that good cause existed for an expedited two-day...more

District Courts Must Follow Georgia-Pacific & Seagate’s Instructions - Aqua Shield v. Inter Pool Cover Team, et al.

Addressing the analysis required to support both damages and willfulness, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s damages calculation and determination regarding willfulness. Aqua Shield...more

Open Text v. Box: District Court Holds That Box Can Present Damages in the Form of a Fully Paid-Up Lump Sum Payment Even Though...

As the Open Text v. Box patent case gets closer to trial, Open Text sought to preclude Box from asking the jury to award damages in the form of a fully paid-up lump sum that would cover the life of the patents-in-suit. Open...more

SEC Settles Insider Trading Case Based on Father’s Misappropriation

The SEC filed a settled insider trading case in which a father is alleged to have misappropriated inside information obtained from his Son who obtained the information from his Girlfriend. The disgorgement he paid included...more

“Frivolous” Merger Litigation Settlement Rejected by the Court

In an opinion that could help remedy the problem of baseless merger litigation, a court applying North Carolina law recently refused to approve a class action settlement because the underlying lawsuit was without merit. ...more

A&O Decision Report: High Court Provides Guidance As To How Sums Paid Pursuant To A Restitution Order Should Be Distributed To The...

In this report, Sarah Hitchins and Andrew Lee, associates in Allen & Overy LLP's Banking, Finance and Regulatory Litigation Group, consider the High Court's judgment in Financial Conduct Authority v Anderson [2014] EWHC 3630...more

The Year Ahead in Patent Law - 2015

With the advent of the America Invents Act (AIA), public perception of frivolous patent litigation, frequently surrounding cases filed by non-practicing entities (NPEs), has received increasing legislative attention. Although...more

Supreme Court of Arizona Weighs in on the Preemption Provision of the State’s Trade Secrets Act

Orca Communications Unlimited, LLC v. Noder - The Uniform Trade Secrets Act’s (UTSA) displacement provision creates an exclusive cause of action for claims based on misappropriation of trade secrets and preempts...more

Canada Begins Border Enforcement for Counterfeits

On January 1, 2015, the Government of Canada declared into force new border controls designed to prevent counterfeit and copyright infringing goods from entering and exiting Canada. The new border controls empower officers of...more

IP Newsflash - January 2015

FEDERAL CIRCUIT CASES - Federal Circuit Explains the Role of Actual Profits in Reasonable Royalty Calculations and the Relationship Between Preliminary Injunctions and Willful Infringement - On December 22,...more

Monster Bites Back, Accuses Beats of Monstrous Scam

It’s a monster movie cliché – near the end, when the monster is “dead,” the dust is settling and the heroes are patting each other on the back, the monster rises from the dead and goes on one more rampage before it expires....more

Reflections and Gratitude

We started this blog about eight months ago. We did so because of the prevalence of section 75-1.1 claims in North Carolina business disputes. Indeed, it’s the unusual business dispute in North Carolina that does not include...more

ERISA Fiduciaries Have a Duty to Inform

SUMMARY: In this case, the court found that the employer, serving as plan administrator of a group life insurance plan providing basic and supplemental coverage, may be liable for monetary damages for breach of its fiduciary...more

CFPB settles with military base retailer and related companies for alleged unlawful debt collection practices

As part of this week’s flurry of enforcement-related announcements, the CFPB announced the settlement of a lawsuit filed jointly with the Attorneys General of North Carolina and Virginia against Freedom Stores, Inc....more

Ninth Circuit Breathes Life Into Participant’s Claim for Surcharge

A panel of the Ninth Circuit withdrew its earlier opinion and has now joined other circuits in finding that the equitable remedy of surcharge is available for participants seeking recovery of personal losses as opposed to...more

Confidentiality Agreements Not Enforceable in Absence of Reasonable Efforts to Preserve Confidentiality

nClosures Inc. v. Block and Company, Inc. - Applying Illinois law, the U.S. Court of Appeals for the Seventh Circuit reminded prospective business partners that non-disclosure agreements will not be effective by...more

883 Results
|
View per page
Page: of 36

Follow Civil Remedies Updates on: