News & Analysis as of

Damages Affirmative Defenses

Akin Gump Strauss Hauer & Feld LLP

District Court: Accused Infringer Bears the Burden of Timely Raising a Non-Infringing Alternatives Theory

In a patent infringement case, the district court granted plaintiff’s motion to strike portions of defendant’s technical expert’s rebuttal report on the basis that defendant failed to timely disclose non-infringing...more

Faegre Drinker Biddle & Reath LLP

Michigan Repeals Pharma Immunity Provision

Michigan recently signed into law a repeal of the immunity provision under its Product Liability Act, presenting a new litigation risk in Michigan for pharmaceutical companies. The provision had granted near-complete immunity...more

WilmerHale

Disinformation Litigation Lessons From Media Co. Losses

WilmerHale on

In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

Latham & Watkins LLP on

The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Littler

Puerto Rico Supreme Court Favors Employers on Business Reorganization and Unjustified Dismissal

Littler on

In a recent case issued by the Supreme Court of Puerto Rico (“the Court”), the Court addressed the standard and level of proof that must be presented by employers when raising as an affirmative defense a corporate...more

NAM (National Arbitration and Mediation)

Resolving Medical Malpractice Matters - Positive Outcomes Through Mediation

There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can...more

Akin Gump Strauss Hauer & Feld LLP

Defendant’s “Staged Delay” in Withdrawing FRAND Affirmative Defenses Amounted to “Rank Gamesmanship” and Supported an Award of...

Chief Judge Gilstrap of the Eastern District of Texas held that the litigation conduct of defendants Huawei Device USA, Inc. and Huawei Device (Shenzhen) Co., Ltd. (collectively, “Huawei”), in a patent infringement action,...more

Troutman Pepper

Owner Did Not Waive Right to Damages by Terminating Design Contract for Convenience

Troutman Pepper on

Chinese Hosp. Ass’n v. Jacobs Eng’g Grp., Inc., 2019 BL 330340, 2 (N.D. Cal. Sept. 03, 2019) - This case arises out of the alleged breach of contract and defective design for the construction of a new hospital in San...more

White & Case LLP

President Trump's trade wars and the expansion of customs violations into the white-collar space

White & Case LLP on

The US' ongoing trade wars—with various trading partners and particularly with China—are everywhere in the news. Putting politics and policy aside, the "trade wars" reflect a basic disagreement over the rules that should...more

International Lawyers Network

Sexual Harassment In The Workplace: What Thai Companies Need To Know

What constitutes sexual harassment? There are two categories of sexual harassment as specified by the Department of Women’s Affairs and Family Development together with Mahidol University, as follows: 1. Quid quo pro;...more

International Lawyers Network

Sexual Harassment In The Workplace: What Slovakian Companies Need To Know

2019 Update: In 2018, PETERKA & PARTNERS drafted the following chapter on what Slovakian companies need to know about sexual harassment in the workplace. In 2019, the ILN asked firms to consider the response following #MeToo...more

International Lawyers Network

Sexual Harassment In The Workplace: What Scottish Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more

International Lawyers Network

Sexual Harassment In The Workplace: What US: Missouri Companies Need To Know

2019 Update - The #MeToo movement, which has grown international in scope, is a wide-ranging campaign to shed light on the occurrence of sexual assault and harassment, particularly in the workplace. The movement began in...more

International Lawyers Network

Sexual Harassment In The Workplace: What Dutch Companies Need To Know

What constitutes sexual harassment? Sexual harassment occurs if someone shows verbal, non verbal or physical behavior with sexual connotation which aims at and results in the affection of the dignity of the other person....more

Pierce Atwood LLP

Even With Common Questions, Chapter 93A Deceptive Marketing Claims Are Ill-Suited for Class Treatment

Pierce Atwood LLP on

Earlier this month, in Plastic Surgery Associates, SC v. Cynosure, Inc., United States District Judge Denise Casper denied plaintiffs’ motion for class certification and allowed Cynosure’s motion for summary judgment on...more

International Lawyers Network

Sexual Harassment In The Workplace: What Philippine Companies Need To Know

1. What constitutes sexual harassment? As per Republic Act No. 7877,1 work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher,...more

International Lawyers Network

Sexual Harassment In The Workplace: What Portuguese Companies Need To Know

What constitutes sexual harassment? Portuguese law foresees two types of harassment: 1. Sexual harassment which is a set of unwanted behaviors perceived as abusive of a physical nature, verbal or non-verbal, with the...more

International Lawyers Network

Sexual Harassment In The Workplace: What French Companies Need To Know

What constitutes sexual harassment? Sexual harassment is defined as any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in...more

International Lawyers Network

Sexual Harassment In The Workplace: What Czech Companies Need To Know

What constitutes sexual harassment? In the sense of Czech law, sexual harassment is a special type of harassment as a general term. Act No. 198/2009 Coll., on Equal Treatment and Legal Protection Against Discrimination...more

International Lawyers Network

Sexual Harassment In The Workplace: What Indian Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. IMPACT OF #METOO IN INDIA – WHAT HAS CHANGED In July of last year, we covered critical aspects of sexual harassment laws in India under...more

Proskauer - Law and the Workplace

New York State Set to Further Expand Protections Against Workplace Harassment

New York State lawmakers have approved broad legislation that will lower the burden on plaintiffs seeking to prove claims of workplace harassment under the New York State Human Rights Law (NYSHRL), as well as extend the...more

International Lawyers Network

Sexual Harassment In The Workplace: What English Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. UK update 2019 - The #MeToo movement continues to encourage women to speak out about unacceptable behaviours that they encounter at...more

International Lawyers Network

Sexual Harassment In The Workplace: What Cypriot Companies Need To Know

What constitutes sexual harassment? Sexual harassment is any undesirable conduct of a sexual nature, expressed either by words or deeds, which has the purpose or effect of violating the dignity of a person, especially when...more

International Lawyers Network

Sexual Harassment In The Workplace: What Colombian Companies Need To Know

What constitutes sexual harassment? In Colombia there is no specific regulation from a labor law perspective that defines which acts and/or behaviors could imply sexual harassment. However, Colombia, as part of ILO...more

International Lawyers Network

Sexual Harassment in the Workplace: What Australian Companies Need to Know

What constitutes sexual harassment? Sexual harassment is conduct of a sexual nature, a sexual advance or a request for sexual favours that is unwelcome, where a reasonable person having regard to all the circumstances...more

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