Monthly Archive: July 2013

Jul 31

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 …

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Jul 30

How Much is Rich?

Many dream of being “rich” one day.  But what is the amount of money that would make you “rich”?  CNNMoney.com’s Hibah Yousuf reported some interesting facts base on a survey conducted by UBS of 4,500 affluent investors.  The survey provided the following information on how much “rich” is: 70% of those surveyed with at least …

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Jul 29

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 …

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Jul 26

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 …

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Jul 25

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 …

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Jul 24

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 …

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Jul 23

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 …

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Jul 22

Housing starts stop

Housing’s decline drove the economy into the ground six years ago. In recent months, many have hoped that housing’s return is a sign of broad economic recovery. The picture has been rosy. The National Association of Realtors reported 21% growth in the median sales price of new homes over the two year period that ended …

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Jul 20

SEC May Soon Require Reporting of CEO Pay Ratio

The Securities and Exchange Commission (“SEC”) may soon require reporting of a new metric by publicly traded companies.  The potentially required ratio would reflect the multiple of CEO pay over the median worker’s pay and is intended to provide shareholders with insight into executive compensation and employee morale.  Bloomberg reports that such a ratio averaged …

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Jul 19

Is the U.S. Experiencing a Housing Bubble?

If you have been paying attention to real estate prices lately, it should be no surprise that they have been on a strong uptick this year. There is lots of chatter that this sudden gain in prices mean that we are headed for another real estate bubble. This is not the case according to CoreLogic. …

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