July 2013 archive

When Survey Results Change Drastically, You May Want to Check Your Work

When survey results change drastically from one period to the next the results are often chalked up to actual changes within the population that the survey was intended to measure. However, the possibility also exists that not all changes correspond to true changes in the underlying population. Pollsters rarely survey the same respondents from period …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/when-survey-results-change-drastically-you-may-want-to-check-your-work/

Fifth Circuit ruling re: Dodd-Frank Whistleblowers sets up Supreme Court appeal

In Asadi v. GE Energy (USA), L.L.C., No. 12-20522 (5th Cir. July. 17, 2013), the Fifth Circuit ruled that a whistleblower under Dodd Frank must report the complaint to the SEC to obtain whistleblower protection under Dodd-Frank. The Fifth Circuit summarized the statutory background and its ruling as follows: “Congress enacted Dodd-Frank in the wake …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/fifth-circuit-ruling-re-dodd-frank-whistleblowers-sets-up-supreme-court-appeal/

Damage issues become more important in class certifications

In Comcast Corp. v. Behrend, No. 11-864 (March 27, 2013), in a 5 to 4 ruling, the Supreme Court of the United States (“SCOTUS”) determined that damage issues need to be addressed as part of the class certification process, and that such damages need to be consistent with the alleged liability issues. Trial counts must …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/damage-issues-become-more-important-in-class-certifications/

Fifth Circuit Takes Different Stance on Dodd-Frank Whistleblower Status

The U.S. Court of Appeals for the Fifth Circuit’s decision in Asadi v. G.E. Energy provides a new take on whistleblower protections under the Dodd-Frank Wall Street Reform and Consumer Protection Act.  The Court found that, by definition, a whistleblower must have reported the claimed violation(s) to the U.S. Securities and Exchange Commission (“SEC”) in …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/fifth-circuit-takes-different-stance-on-dodd-frank-whistleblower-status/

The Appropriate Discount Rate in a Lost Earnings Claim

Damage experts don’t always agree regarding the appropriate discount rate and underlying methodology for a lost earnings claim and certain commonly applied methods actually provide a windfall to Plaintiffs.  The chosen rate can make a meaningful difference in the economic damages conclusion.  A recent article, “Lost Compensation Settlement Tool Allows You To Assess Economic Damages …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/

Novel argument still does not extend jurisdiction of U.S. patent damages

In re: Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. et al. No. 11-1218, -1238 (Fed. Cir. Mar. 26, 2013), the Court addressed the issue of the interplay of general damages theory with patent damages. In general, damages are calculated in a manner that allows the plaintiff to be put back to an economic position …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/novel-argument-still-does-not-extend-jurisdiction-of-u-s-patent-damages/

SEC Announces New Anti-Fraud Initiatives

The Securities and Exchange Commission (“SEC”) recently announced three new enforcement initiatives in its ongoing fight against fraud: “The Financial Reporting and Audit Task Force dedicated to detecting fraudulent or improper financial reporting, whose work will enhance the Division’s ongoing enforcement efforts related to accounting and disclosure fraud. The Microcap Fraud Task Force targeting abusive trading …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/sec-announces-new-anti-fraud-initiatives/

Use of Internal Personnel for Whistleblower Reporting Costs Employer in Tenth Circuit Case

In Lockheed Martin Corp. v. Brown, No. 11-9524 (10th Cir. Jun. 4, 2013), the Tenth Circuit supported a broad interpretation of the claims that are protected under the anti-retaliation provisions of the Sarbanes-Oxley Act. The Tenth Circuit broadly described the case as follows: “Lockheed Martin Corp. (“Lockheed”) seeks to set aside a decision of the …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/use-of-internal-personnel-for-whistleblower-reporting-costs-employer-in-tenth-circuit-case/

$40 Million Being Distributed to Skechers Customers

The Federal Trade Commission (“FTC”) is currently distributing $40 million in association with its false advertising settlement with Skechers.  The FTC alleged that Skechers had marketed its Shape-up athletic shoes and other toning shoes based on unproven benefits, specifically stating that Skechers “deceptively advertised its toning shoes, including making unfounded claims that its Shape-ups shoes …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/40-million-verdict-in-skechers-case/

Top 10 Trade Secret Verdicts

A trade secret, according to the World Intellectual Property Organization, is defined as: Broadly speaking, any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is …

Continue reading

Permanent link to this article: https://betweenthenumbers.net/2013/07/top-10-trade-secret-verdicts/