Jan 19
Economic damages should return a plaintiff to the position they would have been in “but for” the underlying improper act[s] by the defendant. They should not provide a windfall to plaintiff. In a similar vein, whether such damages are taxable is generally related to how the proceeds would have been treated if obtained in the …
Permanent link to this article: https://betweenthenumbers.net/2019/01/when-litigation-proceeds-are-taxable/
Jan 16
Although many people know her simply as Rihanna, the worldwide superstar’s full name is Robyn Rihanna Fenty. Rihanna has trademarked the name “Fenty” and used it for various branded ventures, most notably her successful beauty line Fenty Beauty. Certainly the name has value and is worth protecting. As reported by TMZ, Rihanna is currently endeavoring to …
Permanent link to this article: https://betweenthenumbers.net/2019/01/rihanna-sues-her-father-over-use-of-their-shared-name/
Oct 02
The Securities and Exchange Commission (“SEC”) charged Jonny Ngo, Donato “Mick” Baca, Jr., and NL Technology, LLC with defrauding hundreds of investors by running a Ponzi scheme. A Ponzi scheme is a type of investment fraud that sustains itself by paying claimed returns to existing investors with fresh money from new investors, while also enriching …
Permanent link to this article: https://betweenthenumbers.net/2018/10/sec-charges-san-diego-duo-in-alleged-ponzi-scheme/
Sep 27
The reported value per claim in a class action settlement can differ significantly from the actual check a class member receives. Both StarKist and Trader Joe’s have faced class action lawsuits involving damages for allegedly under-filled cans of tuna. Both defendants settled for cash amounts in the range of $25-29 per claim (although StarKist also …
Permanent link to this article: https://betweenthenumbers.net/2018/09/check-amounts-can-differ-substantially-from-class-action-settlements-per-claim/
Dec 30
General Cable Corporation announced that it has entered into a joint settlement with the Securities and Exchange Commission (“SEC”) and Department of Justice (“DOJ”) for a total payment of $82.3 million to address investigations into violations of the U.S. Foreign Corrupt Practices Act (“FCPA”) and separate allegations regarding financial restatements. In 2014, General Cable voluntarily …
Permanent link to this article: https://betweenthenumbers.net/2016/12/general-cable-settles-with-sec-and-doj-for-82-3-million/
Mar 14
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 …
Permanent link to this article: https://betweenthenumbers.net/2015/03/blurred-lines-infringement-verdict-is-in/
Apr 02
In a sharply-divided 2-1 vote, the Second Circuit Court of Appeals found that a civil disgorgement amount can exceed the profit that the defendant received. Although the case facts and Opinion directly involved insider trading in an action brought by the Securities and Exchange Commission, the rationale could presumably be applied in other wrongful conduct. …
Permanent link to this article: https://betweenthenumbers.net/2014/04/disgorgement-remedy-potentially-broadened-by-second-circuit/
Dec 14
In Rochow v. Life Insurance Company of North America (“LINA”), the Appeals Court affirmed a disgorgement remedy of $3.8 million under ERISA in this long term disability case. In a previous appeal, the Court had determined that LINA had acted in an arbitrary and capricious manner when it continuously denied Daniel Rochow benefits for his long …
Permanent link to this article: https://betweenthenumbers.net/2013/12/disgorgement-and-unpaid-benefits-granted-in-erisa-long-term-disability-case/
