News & Analysis as of

Damages

Unchecked indirect software access can be costly – what to look for in software license agreements

by Hellmuth & Johnson PLLC on

Simple and straight-forward are two words rarely associated with software license agreements. For example, a ruling out of the UK demonstrates the importance and real-life costs that can result when the full meaning of an...more

Minority Shareholder Oppression Damages in New Jersey: More Than Just a Buyout?

As I have said many times in this blog, when minority shareholder oppression occurs, the most likely remedy is a buyout. In other words, courts in New Jersey have the power to compel the majority shareholder to pay “fair...more

Apple v. Samsung: What Does it Really Mean for Consumer Product Companies?

In 2011, Apple sued Samsung in the U.S. District Court for the Central District of California (Apple Inc. v. Samsung Electronics Co., Ltd.) alleging that several Samsung smartphones infringed utility and design patents owned...more

In Determining Whether a Case “Stands Out,” It was Not Improper to Consider Patent Cases Generally

In Nova Chemicals Corp. (Canada) v. Dow Chemical Co., [2016-1576] (May 11, 2017), the Federal Circuit affirmed the district court’s determination that the case was “exceptional” under 35 USC 285, and the award of $2.5 million...more

Intellectual Property Cases Dominate 2016 Verdict Awards

According to the annual Top 100 Verdicts report by ALM’s VerdictSearch, five jury verdicts for Intellectual Property cases cracked the top 10 with a sixth breaking into the top 25 verdicts of 2016. While the amounts do not...more

New Canada Anti-Spam Rules Take Effect July 1 – Additional Teeth Behind New Rules

Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...more

California Ordered to Immediately Pay Attorneys’ Fees in ‘Targate’ Case

by Zapproved Inc. on

United States v. HVI Cat Canyon, Inc., No. 2:11-cv-05097-FMO (PLAx) (C.D. Cal. Apr. 20, 2017). In this case, a plaintiff’s failure to properly issue and confirm legal holds led to the spoliation of evidence and...more

Defence & Indemnity - An Analysis of Insurance Case Law and Legislation - April 2017

by Field Law on

I. INSURANCE ISSUES - A. The Alberta Court of Appeal reiterated that policies cover insured perils but not pre-existing deficiencies in the property that are not caused by the peril, but only discovered as a result of...more

Macron: The Winding Road to Labour Reforms

by Seyfarth Shaw LLP on

On 14 May 2017, French President-elect Emmanuel Macron with a strong 66% majority officially started his five year mandate. His first duty was to appoint a Prime Minister, Edouard Philippe, a Conservative, who will now form a...more

Legislation Protecting Victims of Non-Consensual Distribution of Intimate Images

by Field Law on

On May 1, 2017, the Alberta legislature passed Bill 202, which created the Protecting Victims of Non-Consensual Distribution of Intimate Images Act (the “Act”). The Act seeks to protect individuals from having intimate images...more

Arizona appellate court takes the high road and enforces a commercial lease to operate a medical marijuana dispensary

by Thompson Coburn LLP on

In a case of first impression in Arizona, the Court of Appeals in Green Cross Medical, Inc. v. Gally (April 18, 2017) held that a lease to operate a medical marijuana dispensary was not void from its inception, either under...more

UK Supreme Court to Contractors: Are You Serious?

The UK Supreme Court has ruled that the damages remedy available to aggrieved government contractors under the EU procurement regime is only available if an authority breach is sufficiently serious. The decision will add an...more

Federal Circuit Remands Novel Issue on Patent Marking Requirement

by BakerHostetler on

On April 17, 2017, the United States Court of Appeals for the Federal Circuit vacated an award of more than $15 million in damages because a plaintiff’s licensee failed to mark patented articles. Rembrandt Wireless...more

CFPB Files Suit Challenging Tribal-Affiliated Lenders Using its UDAAP Authority

by Morrison & Foerster LLP on

On April 27, 2017, the Consumer Financial Protection Bureau (“CFPB”) filed a complaint in a federal district court in Illinois against four online tribal-affiliated lenders alleging that the lenders violated the Truth in...more

Visual Artists Rights Act Review

In 1990 Congress added the Visual Artists Rights Act (VARA) to the Copyright Law as new Section 106A. Section 106A provides: 106A Rights of certain authors to attribution and integrity - (a) Rights of Attribution...more

A Shock to the System: Significant Changes to the Discount Rate Applicable to Personal Injury Damages Awards in England and Wales

by Sedgwick LLP on

On 27 February 2017, the Lord Chancellor and Minister of Justice announced significant changes to the Discount Rate applicable under the ‘Ogden Tables’ to the calculation of personal injury compensation payments and lump sum...more

Latest Reform of German Competition Law Brings Clarity

by Jones Day on

The German Parliament has adopted the 9th Amendment to the German "Act against Restraints of Competition" ("ARC") or "Gesetz gegen Wettbewerbsbeschränkungen" ("GWB"). The new law will enter into force after publication in the...more

Damages for Late Payment of Insurance Claims - Enterprise Act 2016

by Dechert LLP on

At present there is no right to damages if an insurer in the UK takes an unreasonable period to settle a claim. Late payment of claims can create genuine hardship for an insured. This could all be set to change from 4 May...more

Texas Supreme Court Tosses Untimely Damages Claims, Leaves Open Possibility of Injunctive Relief

by Beveridge & Diamond PC on

Highlighting the importance of proving a factual timeline in a statute of limitations analysis, the Texas Supreme Court held that a cattle ranch owners’ claims related to alleged contamination from long-dormant oil and gas...more

Defamation with the Click of a Mouse: Assessing Damages

by Field Law on

In the midst of a challenging period for a condominium owners association in a property located in Costa Rica, the president of the association resigned in frustration. Someone had overheard a rumour that the president...more

Settlement Agreement May Be Used as Evidence of Damages

by McDermott Will & Emery on

Addressing evidentiary issues, the US Court of Appeals for the Federal Circuit agreed with the district court that a settlement agreement related to the patent at issue is admissible as proof of a reasonable royalty. Prism...more

Teva awarded section 8 damages regarding pregabalin and olanzapine

by Smart & Biggar on

On March 30 and April 4, 2017, the Federal Court released two decisions on the merits under section 8 of the Patented Medicines (Notice of Compliance) Regulations (“PMNOC Regulations”) regarding pregabalin (Pfizer’s LYRICA)...more

Prejudgment Interest Can Recover for Acts Prior to Patent Issuance

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that the defendant failed to sufficiently allege any prejudice caused by alleged errors relating to claim construction, and affirmed the district court’s application of...more

Chris Lazarini Analyzes Enforcement of Exculpatory Clauses

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed the court's enforcement of an exculpatory clause in the context of a Trading Advisory Agreement. Where parties elect to include exculpatory clauses in their contracts, such...more

Arizona case could point way on enforcement of commercial leases for medical marijuana dispensaries

by Thompson Coburn LLP on

Just across the California-Arizona border, there’s an appellate case worth paying attention to, because it could signal whether California courts will hold that a commercial lease to operate a medical marijuana dispensary is...more

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Cybersecurity

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