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Attorney's Fees Appeals Corporate Counsel

Sheppard Mullin Richter & Hampton LLP

California Supreme Court Confirms the “Knowing and Intentional” Standard of California’s Wage Statement Law Requires a “Knowing...

In Naranjo v. Spectrum Security Services, the case’s second appearance before the California Supreme Court in two years, the Supreme Court confirmed that an employer does not incur civil penalties for failing to report unpaid...more

McDermott Will & Emery

Gentlemen, Start Your Engines: Even Bland Works Support Copyright

The US Court of Appeals for the Sixth Circuit affirmed an award of profit disgorgement and attorneys’ fees in a copyright infringement case, holding that even “workaday” or “humdrum” subject matter can support a valid...more

Snell & Wilmer

A New Outlier Expands Manufacturers’ Ability to Litigate Magnuson-Moss Warranty Act Cases in Federal Court

Snell & Wilmer on

A recent court decision may alter a product manufacturer’s chance to have a federal court decide certain warranty claims brought against it. Federal laws do not always guarantee that a party may pursue a claim arising under...more

Dorsey & Whitney LLP

Federal Circuit Gives a Makeover to $66 Million Judgment Against Beauty Giant

Dorsey & Whitney LLP on

Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

Seyfarth Shaw LLP on

Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Seyfarth Shaw LLP

End of the Road: Eighth Circuit Upholds $3.3 Million Fee Award Against The EEOC For Frivolous Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: After over a decade of litigation between the EEOC and trucking company CRST Van Expedited, the Eighth Circuit recently affirmed a federal district court’s order requiring the EEOC to pay $3.3 million in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Business Recovers Millions in Fees, Expenses, and Costs After Claims by EEOC Found to be "Frivolous"

A district court awarded nearly $4.7 million in fees, expenses, and costs to a trucking business after the court found Title VII claims brought by the Equal Employment Opportunity Commission (“EEOC”) to be “frivolous,...more

Nutter McClennen & Fish LLP

5 Patent Law Petitions to Watch at the Supreme Court

As the 2018-2019 Supreme Court term nears its end, several consequential patent law petitions still await certiorari rulings before the Justices recess for the summer, while other patent cases are scheduled to be briefed and...more

McDermott Will & Emery

Second Circuit Joins Majority in Applying Octane Fitness to Lanham Act

In a fight involving sales of mattresses and alleged trash talking pertaining to those mattresses, the US Court of Appeals for the Second Circuit joined the Third, Fourth, Fifth, Sixth, Ninth and Federal Circuits in holding...more

Seyfarth Shaw LLP

Illinois Appellate Court Rules That Class Settlement Objectors Engaged In Fraud On the Court

Seyfarth Shaw LLP on

Seyfarth Synopsis: Professional class settlement objectors can be a thorn-in-the-side for employers and class counsel attempting to settle class actions. ...more

Jaburg Wilk

The Ninth Circuit Helps Copyright Owners Battle Widespread Infringement in Glacier Films v. Turchin

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On July 24, 2018, the Ninth Circuit issued a decision that can be an important tool to help copyright owners enforce their rights. It’s not unusual for copyright owners to believe that it’s just not worth going after some...more

Seyfarth Shaw LLP

EEOC Ordered To Pay $1.9 Million For Frivolous Claims Against Trucking Company

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oral Contract Upheld in California Despite Offer Letter Purporting to Supersede It

Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel...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

McDermott Will & Emery

Patent Owner and Counsel to Pay Double Costs for Frivolous Appeal

Addressing the issue of sanctions for continued litigation after the parties settled all claims, the US Court of Appeals for the Federal Circuit affirmed a district court’s award of attorneys’ fees and costs, and granted...more

Jackson Lewis P.C.

Class Action Fairness Act Author Introduces New Bill That Would Drastically Reform Class Action Litigation

Jackson Lewis P.C. on

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action...more

Butler Snow LLP

It’s a Trap!! – Be Careful When Crafting Your Rule 68 Offers of Judgment

Butler Snow LLP on

Federal Rule of Civil Procedure 68 presents a valuable settlement tool for defense attorneys. Specifically, it allows the defendant to make a pre-trial offer of judgment on specified terms, and provides for the recovery of...more

Snell & Wilmer

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

Snell & Wilmer on

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in...more

Carlton Fields

Seventh Circuit Strikes Again – Rejects Settlement In Shareholder Deal Litigation

Carlton Fields on

In yet another strongly-worded opinion, the Seventh Circuit rejected the proposed settlement of a Walgreens’ shareholder strike suit in which the class obtained “worthless” supplemental disclosures but class counsel received...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Criticizes Disclosure-Only M&A Litigation Settlements, Holding That Supplemental Proxy Disclosures Must Address...

In In re Walgreen Co. Stockholder Litigation, No. 14 C 9786, 2016 WL 4207962 (7th Cir. Aug. 10, 2016) (Posner, J.), the United States Court of Appeals for the Seventh Circuit issued a highly charged opinion critical of an...more

Proskauer - Minding Your Business

Is a Third Party Entitled to its E-Discovery and Attorney Costs for Responding to a Subpoena?

Although e-discovery has been part of complex commercial litigation for over a decade, there have been only a few federal appellate court rulings about e-discovery topics. On April 7, 2016, in In re Am. Nurses Ass’n, the...more

Cozen O'Connor

Bad Faith Attorneys’ Fees Are Compensatory Damages in Determining Cap On Punitive Damages

Cozen O'Connor on

On June 9, 2016, the California Supreme Court ruled in Nickerson v. Stonebridge Life Ins. Co., __ Cal.4th ___ (2016) that the attorneys’ fees awarded to a veteran who sued for benefits under a “hospital stay” policy should be...more

McDermott Will & Emery

Dismissal but No Fees for Innocent BitTorrent Defendant - Killer Joe Nevada, LLC v. Leaverton

McDermott Will & Emery on

Addressing whether a copyright infringement action based solely on IP addresses is frivolous or unreasonable, such that attorneys’ fees should be awarded upon dismissal, the U.S. Court of Appeals for the Eighth Circuit...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Review EEOC's Obligation to Pay Employer's Attorneys Fees

Over the past several years, the Equal Employment Opportunity Commission has taken a decidedly more aggressive position with regard to litigation against employers accused of discrimination. The EEOC has brought a number of...more

Cozen O'Connor

When Does a Defendant Have Standing to Challenge an Attorney Fee Award?

Cozen O'Connor on

The class action has settled. There is a possibility that a portion of the settlement fund, if otherwise unclaimed, will ultimately revert to the defendant. Does this possibility give the defendant standing to object to class...more

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