News & Analysis as of

Pre-Judgment Interest

Morrison & Foerster LLP

Top 10 International Anti-Corruption Developments for January 2024

Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

King & Spalding

Florida Federal Court Denies Deutsche Bank’s Request for a New Trial Over Ponzi Scheme

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On September 11, 2023, the U.S. District Court for the Southern District of Florida denied Deutsche Bank’s request for a new trial and required the bank to pay pre-judgment interest following a verdict handed down in April...more

Womble Bond Dickinson

Handle with Care: FCPA Travel & Hospitality Expenses

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Two recent Foreign Corrupt Practices Act (FCPA) actions – a Department of Justice (DOJ) Opinion letter and an SEC settlement – underscore key diligence questions that legal and compliance departments should address when...more

MG+M The Law Firm

12 Percent Interest? In This Economy? The Massachusetts SJC Affirms Statutory Interest Rate Added to Judgment

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The Massachusetts Supreme Judicial Court recently handed down a decision affirming that the 12 percent interest rate imposed on damage awards is constitutional. Chief Justice Scott L. Kafker wrote the May 9, 2023, decision...more

Cozen O'Connor

Of Significant Interest: 12% Pre and Post Judgment Interest Rates Upheld in Massachusetts

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On May 9, 2023, the Massachusetts Supreme Judicial Court (SJC) upheld the award of pre-judgment and post-judgment interest at the hefty rate of 12%. The Commonwealth’s highest court reviewed the constitutionality of two...more

Conyers

Sun Vessel Global Limited v HQ Aviation Limited and Great Lakes Insurance (UK) SE

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Sun Vessel Global Limited (Appellant) v (1) HQ Aviation Limited, (2) Great Lakes Insurance (UK) SE (Respondents) Judgment given on 9 January 2023 - Section 404 of the BVI Merchant Shipping Act, 2001- Pre-Judgment...more

Goldberg Segalla

$5.5 Million Wrongful Death Damages and Pre-Judgment Interest Awards Affirmed on Appeal

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Court of Appeal of Louisiana, Fourth Circuit In this asbestos action, David Stauder Jr. (decedent) developed mesothelioma after working as a pipefitter for two decades. His daughters, Jill and Shelley Stauder (appellees)...more

Jackson Lewis P.C.

Property Damage Investigators Are Non-Exempt “Production” Employees, 11th Circuit Holds

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Employees whose job it was to investigate and determine the likely cause of damage to the equipment of broadband service providers were misclassified as exempt by their employer, the Eleventh Circuit Court of Appeals recently...more

Ervin Cohen & Jessup LLP

California’s Supreme Court Declares Meal and Rest Period Premiums are “Wages”

In the words of Tom Cruise’s character Lt. Daniel Kaffee in A Few Good Men, “the hits keep on coming.” This quote crystallizes how California employers will undoubtedly feel following the California Supreme Court’s ruling in...more

Fox Rothschild LLP

Judge Noreika Grants And Explains Awards Of Pre- And Post-Judgment Interest Rendered In Federal Court Contract Action Based On...

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By Memorandum Order and Amended Judgment by The Honorable Maryellen Noreika in Cignex Datamatics, Inc. v. Lam Research Corporation, Civil Action No. 17-320-MN (D.Del. January 21, 2021), the Court granted with modification...more

White and Williams LLP

Remote Trials Can Control Prejudgment Risk

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While courts across the country are largely unavailable to litigants demanding a jury trial, pre-judgment interest rules present an increasing penalty risk to a defendant wanting its day in court and may not always make a...more

BCLP

Settlement and Breach of Contract: Key Takeaways from Parkway

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This case concerns a company (“U.S. Home”) entering into a contract to purchase land from a limited liability company (“Purchase Agreement”) solely owned by two brothers (“Sellers”). On the same day of the purchase, U.S. Home...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ericsson Agrees To Pay Over USD $1 Billion To Settle FCPA Charges

On December 6, 2019, Telefonaktiebolaget LM Ericsson (Ericsson or the Company), resolved long-running investigations by the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) into the...more

Thomas Fox - Compliance Evangelist

Top SEC Enforcement Actions from 2019

Yesterday, I considered five Department of Justice (DOJ) Foreign Corrupt Practices Act (FCPA) enforcement actions. Today, I want to look at key FCPA enforcement actions by the Securities and Exchange Commission (SEC)....more

Knobbe Martens

Johnstech International Awarded $1.5 Million for Infringement of Semiconductor Patent

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Johnstech International sued JF Microtechnology for infringing its patent related to semiconductor contactors for testing integrated circuits. Both companies compete for sales of semiconductor test contactors. A California...more

Robinson & Cole LLP

IP+T: Intelligence Newsletter - Q4 2019

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When Trade Secrets or Confidential Business Information Are Stolen, Can You Recover Pre-Judgment Interest in Massachusetts? If your company’s confidential business information or trade secrets are stolen, in Massachusetts you...more

Jones Day

Delaware Court Rules Appraisal Action Is A Covered “Securities Claim” Under D&O Policy - The Delaware Superior Court's Solera...

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In a significant ruling for policyholders on an issue of first impression, on July 31, 2019, the Delaware Superior Court determined that shareholder appraisal actions constitute a covered "Securities Claim," as that term is...more

White and Williams LLP

Delaware Trial Court Interprets Coverage Under a D&O Policy to Include an Appraisal Action as a Securities Claim

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Delaware courts have established rules of construction for interpreting insurance policies. Among the most basic of these rules is that clear and unequivocal policy language will be given its plain meaning; and if the...more

ArentFox Schiff

Investigations Newsletter: Inpatient Rehabilitation Company Agrees to Pay $48 Million to Resolve FCA

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DOJ News - Inpatient Rehabilitation Company Agrees to Pay $48 Million to Resolve FCA Allegations - DOJ announced that Encompass Health Corporation (f/k/a HealthSouth Corporation), the nation’s largest operator of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Element Plastics for Sexual Harassment and Retaliation

Sugar Land Plastics Manufacturer Fired Employee for Complaining About Abuse, Federal Agency Charges - HOUSTON - Element Plastics Mfg., LLC, a plastics manufacturer based in Sugar Land, Texas, violated federal law by...more

Smart & Biggar

FCA overturns cefaclor damages decision on prejudgment interest issue, provides guidance on NIA defence

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On November 23, 2018, the Federal Court of Appeal (FCA) allowed in part Apotex’s appeal of a decision awarding Eli Lilly over $100 million for Apotex’s infringement of eight process patents related to the antibiotic cefaclor:...more

Holland & Knight LLP

Petrobras Agrees to Pay More Than $1.8 Billion for Facilitating FCPA Violations

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• Four years ago, Brazilian authorities began Operation Car Wash, a wide-ranging and still ongoing corruption and money laundering investigation that has spanned 11 countries. • The fallout continues with a recent U.S....more

Knobbe Martens

CardiAQ - An IP Success Story

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At the recent ACC-Socal Double Header Event, Knobbe Martens presented, "CardiAQ - An IP Success Story." ...more

Knobbe Martens

Jury’s Award for Patent Infringement Increased to 3 Million for Infringing Window Blinds Components

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Patent Judgments & Awards - On February 8, 2018, Judge Andrew Guilford of the District Court for Central District of California increased a jury award against Custom Blinds and Components Inc. (“CBC”) for patent...more

Smart & Biggar

Federal Court of Appeal dismisses Teva’s levofloxacin damages appeal

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On February 8, 2018, the Federal Court of Appeal issued public reasons for its decision dismissing Teva’s appeal relating to the damages and costs awarded against it for its infringement of Janssen’s patent for levofloxacin...more

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