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Civil Remedies Updates

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Illinois Court Holds Exoneration During Policy Period Does Not Trigger Malicious Prosecution Coverage

In First Mercury Insurance Company v. Ciolino, 2018 IL App (1st) 171532, the First District of the Illinois Appellate Court held that the exoneration of an underlying claimant during a policy period does not trigger personal...more

Tenth Circuit Affirms Dismissal Of Exchange Act Claims Based On Undisclosed Merger Discussions

by Shearman & Sterling LLP on

On May 11, 2018, the United States Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a putative class action asserting claims under Sections 10(b) and 20(a) of the Exchange Act against Williams...more

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

by Foley & Lardner LLP on

If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit...more

Defence + Indemnity: April 2018 - I. Insurance Issues B.

by Field Law on

I. INSURANCE ISSUES - B. A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement). Tuffnail et al v Meekes et al, 2017 ONSC 2894, per...more

SEC Issues First Ever Enforcement Action For Failure to Disclose a Data Breach, Obtaining $35 Million Penalty

by Holland & Hart LLP on

The U.S. Securities and Exchange Commission announced on April 24, 2018 that Yahoo! (now known as Altaba, Inc.) agreed to pay a $35 million civil penalty to resolve claims that it failed to appropriately and timely disclose...more

Wastewater Enforcement: Arkansas Department of Environmental Quality and Turrell, Arkansas Enter into Consent Administrative Order

The Arkansas Department of Environmental Quality (“ADEQ”) and the City of Turrell, Arkansas, (“Turrell”) entered into an April 10th Consent Administrative Order (“CAO”) addressing alleged violations of a Clean Water Act...more

Willfulness Finding in EDTX Ruling in TCL v. Ericsson Illustrates the Risk to Accused Infringers of Failing to Investigate...

In a May 10, 2018 ruling, discussed earlier on this blog, Magistrate Judge Payne affirmed the jury’s willfulness finding largely on the ground that TCL did not proffer any evidence that it held a subjective, good faith belief...more

SEC Announces Yahoo Will Pay $35 Million for Failure to Disclose Data Security Incident

by Jones Day on

The Situation: The SEC accused Altaba Inc., then known as Yahoo! Inc., of misleading investors by failing to disclose a major data breach orchestrated by Russian hackers. The Result: Altaba has agreed to pay $35 million to...more

The Effect of Attorney's Fee Entitlement Language in an Agreement and Florida's Reciprocal Fee Statute 57.105(7)

Creditors beware! Don’t get stuck paying the debtor's fees. Creditors need to know that in instances when a voluntary dismissal is filed or the court enters an involuntary dismissal, creditors face a risk of having to pay the...more

Recent Fraud Settlements Illustrate Current Compliance Risk Areas

by Ruder Ware on

One of the reasons compliance officers and health care attorneys read fraud settlements is to identify issues the government is focused on. The cases the government decides to pursue are very indicative of the areas of fraud...more

It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt...

On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018). In it, the Court narrowly construed the “good...more

Employees May Seek Treble Damages From NC Employer In Class Action Over Phishing Scam

by Poyner Spruill LLP on

By now, you’ve surely been warned of so-called “phishing” e-mails. The failure to heed such warnings may become more costly for North Carolina employers. According to a recent federal court decision, an employee who is...more

Two Recent Jury Verdicts Award $6 Million and $7.97 Million To Wrongfully Terminated Employees

Two recent verdicts from California Superior Court juries have awarded former employees $6 million and $7.9 million, respectively, in compensatory damages after a finding of wrongful termination. Martinez v. Rite Aid...more

Aids Healthcare Foundation, Inc. v. Gilead Sciences, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before NEWMAN, DYK, and STOLL. Appeal from the Northern District of California. Summary: A consumer of a patented product has no standing under the Declaratory Judgment Act to challenge the...more

Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before Wallach, O’Malley, and Schall. Appeal from the Patent Trial and Appeal Board. Summary: PGR petitioner has standing to appeal PTAB decision, where petitioner intended to file an ANDA for...more

Jury Orders Apple Inc. to Pay $500 Million to VirnetX for Infringing Patents Covering A Secure Communication Link

by Knobbe Martens on

Patent Judgments & Awards - In April 2018, a jury in the Eastern District of Texas awarded VirnetX Inc. (“VirnetX”) a total of more than $500,000,000 in its patent infringement suit against Apple Inc. (“Apple”). The four...more

Restructuring and Insolvency Bulletin: Issue 4 - May 2018: Bad Faith and Misconduct Not a Bar to US Recognition of Hong Kong...

by Dechert LLP on

Manley Toys Limited once claimed to be the seventh largest toy company in the world. Due to ongoing litigation and declining sales, it entered into a voluntary liquidation in Hong Kong. On March 22, 2016, the debtor’s...more

Upon Reconsideration, E.D.Tex. Judge Affirms Ericsson’s Previously-Vacated Jury Award Against TCL

On May 10, 2018, Magistrate Judge Payne reconsidered his previous March 2018 order which had vacated a jury award, and granted plaintiff Ericsson’s motion for reconsideration. The May ruling makes clear that the accused...more

Former Employee Sanctioned for Lying Under Oath, Destruction of ESI: eDiscovery Case Law

by CloudNine on

In Heggen v. Maxim Healthcare Servs., Inc., No. 1:16-cv-00440-TLS-SLC (N.D. Ind. April 27, 2018), Indiana Magistrate Judge Susan Collins ruled that the plaintiff’s destruction of requested cellphone recordings, as well as...more

Alleged Environmental Violation/False Claims Act: U.S. District Court Considers Application of Implied False Certification Theory

A United States District Court (Eastern District-Pennsylvania) (“Court”) addressed a qui tam action filed by Gary Cressman (“Cressman”) under the federal False Claims Act (“FCA”) in connection with an alleged environmental...more

Steal Trade Secrets, Get Cut: BladeRoom Jury Bleeds Emerson Electric to the Tune of $30 Million

by Fisher Phillips on

A California federal jury recently decided that Emerson Electric Company owes prefabricated module manufacturer BladeRoom Group Limited $30 million in damages for stealing trade secrets to build a massive new data...more

New Jersey Enacts Statewide Paid Sick Leave Law

New Jersey Governor Phil Murphy (D) has signed into law the New Jersey Paid Sick Leave Act (the “Act”), which will provide eligible employees with paid leave for their own medical needs, those of a family member, or other...more

Your TCPA Settlements Can’t and Won’t Be Used Against You in a Court of Law (Probably)

by Womble Bond Dickinson on

TCPA Plaintiffs often utilize overly broad discovery demands in an effort to bludgeon a caller into settling an otherwise meritless case. One of the most common tactics is serving boilerplate demands seeking a Defendant’s...more

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

ERISA’s Duty To Inform – Distinguishing Between Existing and Possible Benefits

A recent ERISA opinion gives us occasion to point out the important distinction under ERISA concerning fiduciary duties as they pertain to existing benefits and possible benefits. In this case, the plaintiff alleged that...more

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