Category: Economic Damages

Patent Feature Double Count Sinks Damages Calculation

Finjan, Inc. (‘Finjan”) vs. Sophos, Inc. (“Sophos”) is a patent infringement action involving 14 different claims related to six different patents for computer and network security technology.  Many patented products, particularly those involving technology, use more than one patent.  As described in this related article, a damage analyst in this situation will often need to …

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HBO Executive Admits $1 Million Fake Vendor Fraud

A former talent relations executive at HBO has admitted to diverting nearly $1 million in production funds to a fake company she created.  The type of fraudulent billing scheme using a shell company can be accomplished with nothing more than a fictitious name and a payment destination.  In this case, the executive used the name …

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Permanent link to this article: http://betweenthenumbers.net/2016/02/hbo-executive-admits-1-million-fake-vendor-fraud/

Supreme Court To Address Use of Statistics For Class Action Certification

The April 2013 Supreme Court decision in Comcast Corp. v. Behrend, No. 11-864, was a profound change benefitting companies facing class action lawsuits.  The Court held that a plaintiff seeking certification must establish through “evidentiary proof” that damages can be measured on a class-wide basis.  Individual damage issues can defeat class certification where those issues …

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Permanent link to this article: http://betweenthenumbers.net/2015/06/supreme-court-to-address-use-of-statistics-for-class-action-certification/

A Classic Coase Solution to a Modern Problem: The CrossFit Dispute

A recent Wall Street Journal (“WSJ”) article brought to my attention a very “2K15” problem, urbanites in many of the nation’s big cities are struggling to deal with the annoyance of living next to CrossFit gyms. CrossFit is a highly intense workout regimen which has in the last several years become hugely popular. Many of …

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Fiduciaries Continue to Face 401(k) Conflict of Interest Allegations

A group of workers at Ameriprise Financial Inc. settled their federal lawsuit against the company regarding management of their 401(k) contributions that were invested in Ameriprise funds and generated millions in allegedly excessive fees for the company. The case was filed in 2011 by Roger Krueger and a group of Ameriprise plan participants.  The plaintiffs disputed …

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Permanent link to this article: http://betweenthenumbers.net/2015/04/9358/

VC Firm Wins Gender Based Failure to Promote / Wrongful Termination Case

Last week a half male/half female jury determined that Kleiner Perkins Caufield & Byers (“Kleiner Perkins”), one of the country’s most prominent venture capital (“VC”) firms, did not discriminate against junior partner Ellen Pao (“Pao”). Pao was seeking $16 million in economic damages in addition to punitive damages to compensate for the alleged inequitable promotion …

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Costs Excluded From Prejudgment Interest Calculation In Personal Injury Award

Prejudgment interest is often applied to a personal injury award in an attempt to capture the lost value of the use of monies prior to the judgment date.  A recent case, Bean v. Pacific Coast Elevator Corporation (“Pacific Coast”), has addressed whether costs awarded to a plaintiff in addition to damages are also subject to prejudgment interest.  …

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“Blurred Lines” Infringement Verdict Is In

The copyright infringement case brought by the estate of Marvin Gaye against the popular musicians Robin Thicke, Pharrell Williams, and “T.I”, as well as their respective record companies, was decided by jury verdict on March 10th. The jury awarded the Gaye estate $7.4 million in damages, to be paid by Thicke and Williams, with the …

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Specialized Judges to Handle Complex Business / Commercial and Construction Litigation

Effective Jan. 1, 2015, the NJ Judiciary will be utilizing a Complex Business Litigation Program to address complex business, commercial and construction cases with damage calculations exceeding $200,000.  Cases with smaller damage calculations may otherwise qualify based on the complexity of legal or factual issues a large number of parties complex discovery issues, including large volumes of documents …

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Performing a Valuation with Limited Information

A recent Appeals Court decision addressed what level of evidence is required to demonstrate business value in a divorce proceeding. In Hugh v. Hugh, 2014, the wife in a divorce proceeding filed a cross-appeal on a number of issues, including the trial court’s failure to value her husband’s business (“E-Tech”). The Appeals Court agreed that while …

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