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Damages Young Lawyers

Holland & Hart - Your Trial Message

Remember, With Damages It’s the Message and Not Just the Math

In the long-running legal battle between mobile phone titans Apple and Samsung, the former just received a verdict of $539 million for the latter’s infringement of five design and utility patents. After spending days on the...more

Holland & Hart - Your Trial Message

Consider How Jurors Arrive at Damages Numbers: In Stages and With Difficulty

It is well-known at this point that civil trials are giving way to settlements. One of the factors that make settlement the more attractive alternative is that settlement is an uncertainty reduction strategy: The known amount...more

Robins Kaplan LLP

Eleventh Circuit Follows Ninth Circuit in Awarding Appellate Fees for Automatic Stay Violation

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By its recent decision in In re Horne, 876 F.3d 1076 (11th Cir. 2017), the United States Court of Appeals for the Eleventh Circuit broadened the scope of attorney’s fees that are recoverable pursuant to section 362(k) of the...more

Bradley Arant Boult Cummings LLP

Omaha Breach: Doctrine of First Breach May Hinge on Correct Contract Interpretation

Which party first breached a contract often plays a determinative role in assessing entitlement for damages in a contract dispute. This theory is often referred to as the First or Material Breach Doctrine....more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

McNees Wallace & Nurick LLC

Samsung Versus Apple in the Design Patent Wars: The Supreme Court Strikes Back – And Punts

In a December 6, 2016 opinion, the U.S. Supreme Court rendered the latest decision in the long-running war over smartphones between industry and cultural titans, Apple and Samsung. While many might have hoped for a clarifying...more

Ladas & Parry LLP

Trade Secrets: Changes In The Law On Protection Of Trade Secrets In The United States And European Union

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Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of...more

Carlton Fields

Third Circuit Rejects Inflated-Value Theory of Damages, Declines to Certify Law School Tuition Class

Carlton Fields on

The Third Circuit recently affirmed the denial of class certification in a suit alleging that a law school made misrepresentations about the employment status of its graduates, thereby inducing students to pay inflated...more

Skadden, Arps, Slate, Meagher & Flom LLP

"The Class Action Chronicle - Summer 2016"

This is the 12th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Pillsbury - Internet & Social Media Law Blog

Pokémon Go Ushers in a New, Augmented World of Legal Liability Concerns

We predicted last year that 2016 would be the year of Pokémon. This prophecy came true last week within just two days of the Pokémon Go launch. The location-based augmented reality mobile game/app quickly surpassed Tinder in...more

Patterson Belknap Webb & Tyler LLP

Expert Analysis Guides Decision to Certify Class of Automotive Part Purchasers

Certifying a class of direct purchasers of sheet metal parts alleging claims under section 1 of the Sherman Act, Judge Lynn Adelman of the United States District Court for the Eastern District of Wisconsin focused on what it...more

Proskauer - New England IP Blog

Laches Defense Loses its Luster in LED Patent Dispute

In determining whether a laches defense applies to thwart a claim of patent infringement, courts must often shine a light upon murky and complicated factual scenarios. A Massachusetts court recently navigated such a scenario...more

Dorsey & Whitney LLP

Federal Court Travels “Wayback” and Takes Judicial Notice of Internet Archive

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Trademark attorneys often must determine when a third-party used a mark in commerce and the extent and nature of such use, particularly when considering whether to take legal action against a third party for the unauthorized...more

Proskauer - New England IP Blog

In Onboard Wi-Fi Case, Covenant Not To Sue Has Wide Range

Judge Jeffrey Alker Meyer of the District of Connecticut recently released an opinion that is significant to litigants on either side of a covenant not to sue. In a complex case with a host of claims and counterclaims...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Spring 2016

This is the 11th edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings issued...more

Kelley Drye & Warren LLP

Never Say Never, And Other Lessons from Kanye

We didn’t comment when Kanye West interrupted Taylor Swift at the MTV Video Music Awards. And we’ve stayed silent during his other controversies. But when Kanye gets sued over false advertising, we can stay silent no longer....more

Proskauer - Corporate Defense and Disputes

Cornerstone Research Reports “Surge” in Securities Class-Action Settlements in 2015

Cornerstone Research’s latest annual report discloses that the number and average size of securities class-action settlements increased in 2015 as compared to 2014. Total settlement dollars rose to more than $3 billion –...more

Kilpatrick Townsend & Stockton LLP

EU Passes New Trade Secret Directive to Harmonize Trade Secret Laws of Member States

In late December 2015, the European Union reached an agreement on the terms of a provisional Trade Secrets Directive, which was intended to harmonize the laws governing trade secrets and “improve[e] the effectiveness of the...more

Snell & Wilmer

Supreme Court to Address IPR Proceedings & Willful Infringement

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The Supreme Court will continue to shape patent law in 2016, addressing critical components of the widely-popular Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board, and examining the standard for...more

Mintz

Determining Damages for Standard Essential Patents: the Federal Circuit Provides Some Guidance in CSIRO v. Cisco

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Late last week, in an opinion authored by Judge Prost, a panel of the Federal Circuit vacated a $16 million damages award won by Commonwealth Scientific and Industrial Research Organization (CSIRO) in its patent infringement...more

Sheppard Mullin Richter & Hampton LLP

Evolving Private Remedies for Competition Infringements in Europe: Class Actions in the U.K.

Winds of change are blowing through Europe’s national courts, beginning with a new antitrust damages Directive requiring changes in national laws to facilitate private enforcement of competition law. This step was a major...more

Farella Braun + Martel LLP

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

Seyfarth Shaw LLP

Fifth Circuit Fires at the Department of Labor with Colorful, Precedential Prose

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The Fifth Circuit Court of Appeals recently slammed the United States Department of Labor with a finding of abusive conduct and ordered an award of significant monetary sanctions for bad faith, harassment, and abusive...more

Proskauer Rose LLP

The End of “Average Joe,” Class Plaintiff? The Supreme Court Will Review the Use of Composites in Class Actions

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You run a business. You sell actual products. You employ hundreds, or even thousands, of warm-blooded employees, all with names, families, and histories. You battle real competitors daily. Your customers, thank goodness, are...more

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