Category: Damages

Detest Your Boss? Call the Government

As part of the Obama administration’s “Middle Class Task Force Initiative”, the Department of Labor’s Wage and Hour Division (WHD) recently teamed up with the American Bar Association (ABA) to help plaintiffs obtain legal counsel for claims under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).  Under this new …

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Permanent link to this article: https://betweenthenumbers.net/2011/02/detest-your-boss-call-the-government/

Michael Vick and the Duration of Reputational Damage

It wasn’t long ago that Michael Vick was the highest paid player in the NFL and was frequently tapped for high profile endorsement deals with companies such as Nike, Coca-Cola, Kraft and Hasbro.  But when news of his dog fighting activities surfaced, the endorsement deals came to a grinding halt.  A prison sentence and a bankruptcy …

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Permanent link to this article: https://betweenthenumbers.net/2011/02/michael-vick-and-the-duration-of-reputational-damage/

Bear Stearns’ Defendants and Deloitte Face Significant Exposure

In a nearly 400-page opinion in January, a Manhattan federal judge (Robert Sweet) denied motions to dismiss a securities class action against Bear Stearns, Deloitte & Touche, and seven individual defendants.  As one might imagine from its length, the Court thoroughly addresses the allegations, and rebutted the defendants’ reasons for dismissal.   Here is a background …

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Permanent link to this article: https://betweenthenumbers.net/2011/02/bear-sterns%e2%80%99-defendants-and-deloitte-face-significant-exposure/

Royalty Rule of Thumb Gets the Boot

The Federal Circuit ruled in Uniloc USA, Inc. v. Microsoft Corp. (January 4, 2011) that the widely used but fatally flawed 25 percent rule can no longer be part of reasonable royalty damages calculations. The rule has been widely used to calculate reasonable royalty damages for over two decades. Generally speaking, the rule pushed patent …

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Permanent link to this article: https://betweenthenumbers.net/2011/01/royalty-rule-of-thumb-gets-the-boot/