False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict
3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages
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The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
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RICO Damages — RICO Report Podcast
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The Briefing; How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Using Expert Witnesses in FCRA Cases - FCRA Focus
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JONES DAY TALKS®: Private Antitrust Litigation in Spain
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PODCAST: Williams Mullen's Trending Now: An IP Podcast - IP Litigation Trends: Are Large IP Litigation Damages Awards Here to Stay? – Part 1
JONES DAY TALKS®: Private Antitrust Litigation in Europe: The Big Picture
We have previously discussed the obligations a non-breaching party has to mitigate its own damages in the event of a contract breach. Assuming a party has mitigated its damages, this article discusses the potential remedies...more
In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more
In Gannon v. Kinsdale Carriers, 2024 ONSC 1060, the Ontario Superior Court of Justice denied common law reasonable notice to an employee who was wrongfully dismissed from her employment on the basis that she failed to...more
Under Hong Kong’s court rules, the Labour Tribunal has exclusive jurisdiction over claims for money damages arising from an employment contract or the Employment Ordinance. A recent decision highlights the pitfalls in...more
In September, California created a cause of action whereby employees may challenge non-compete agreements and win damages and attorney’s fees (see our prior post on “New Golden State Law to Create Gold Rush Litigation Testing...more
The Brussels Labour Court recently considered the case of an unsuccessful job applicant who was inadvertently emailed evidence that she had been discriminated against due to her age....more
A Hong Kong employee dismissed via WeChat while in hospital has been awarded substantial damages for pregnancy discrimination. The claimant was a former employee of a logistics company. Between 2007 and 2011, she was...more
A Florida Circuit Court judge sternly rebuked two former employees of a private South Florida provider of Autism treatment services who began competing illegally with a new employer – while still employed with their old...more
In Khangura v Lumberwest Building Supplies Inc., 2023 BCSC 1053, the Supreme Court of British Columbia dismissed an employee’s claim that he was entitled to damages because he had been wrongfully dismissed without cause. The...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more
In Teljeur v Aurora Hotel Group, 2023 ONSC 1324, a wrongful dismissal case, the court awarded the plaintiff-employee seven months’ damages for reasonable notice, and $15,000 in moral damages due to the employer’s bad-faith...more
The Alberta Court of Appeal determined that Canada Emergency Response Benefit (“CERB”) payments are not deductible from wrongful dismissal damages, following an emerging trend from other jurisdictions....more
The Alberta Court of Appeal (ABCA) recently addressed an increasingly common question—whether financial support provided under the Canadian Emergency Response Benefit (CERB) program to workers directly affected by COVID-19...more
Earlier this week, the National Labor Relations Board (“NLRB”) issued two important decisions that California employers should be aware of: NLRB Adds Consequential Damages to Its Weapons Cache - On December 13, the...more
First Canadian Appellate Court determines that Canada Emergency Response Benefits (“CERB”) payments are not deductible from wrongful dismissal damages. In Yates v Langley Motor Sport Centre Ltd., the British Columbia...more
In Yates v. Langley Motor Sport Centre Ltd., 2022 BCCA 398, the Court of Appeal for British Columbia (BCCA) decided that Canada Emergency Response Benefit (CERB) payments should not be deducted from damage awards for wrongful...more
In McCharles v Jaco Line Contractors Ltd., 2022 AHRC 115, an employee alleged that her employer discriminated against her on the basis of gender contrary to the Alberta Human Rights Act (AHRA) when it terminated her...more
The recent decision of the Alberta Court of Queen’s Bench, Wisser v CEM International Management Consultants Ltd., 2022 ABQB 414, determined that the oppression remedy under the Alberta Business Corporations Act (“ABCA”),...more
In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more
A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more
On March 31, 2022, a Kentucky jury unanimously awarded $450,000 to an employee, who was terminated following two panic attacks the employee suffered at work. The jury concluded the employee’s anxiety disorder was a disability...more
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
In Reotech Construction Ltd. v Snider, 2022 BCSC 317 (Reotech), the Supreme Court of British Columbia found that the trial court erred when it did not deduct the employee’s $9,000 Canada Emergency Response Benefit (CERB)...more
An employer may request that an employee sign a non-solicitation agreement. When the employment ends, the trouble sometimes begins. If you are an Arizona employee and your former employer has sent a demand letter, threatened...more
A Florida federal court just denied an employer’s effort to dismiss a disability discrimination claim filed by a legally blind applicant who alleges the employer asked improper pre-offer questions on its standard job...more