Apr 03
In Lexmark Int’l, Inc. v. Static Control Components, Inc., (U.S., No. 12-873, 3/25/14), the U.S. Supreme Court recently determined that a company can assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can “show economic or reputational injury flowing directly from the deception wrought by the defendant’s …
Permanent link to this article: https://betweenthenumbers.net/2014/04/non-competitor-can-get-false-advertising-damages/
Permanent link to this article: https://betweenthenumbers.net/2013/12/an-example-of-a-proper-expert-exclusion-under-daubert/
Dec 27
Employees have protection as whistleblowers from a wide variety of federal and state laws. Effective January 1, 2014, California added SB 486 to this list of legal protections. The new California law broadens an employee’s right to pursue legal action if retaliated against for reporting suspected wrongdoing. Perhaps most importantly, the law creates a civil …
Permanent link to this article: https://betweenthenumbers.net/2013/12/use-an-independent-service-to-help-protect-against-californias-new-10000-penalty-for-whistleblowers/
Oct 21
The Trademark Trial and Appeal Board (“TTAB”) has ruled in re: Bottega Veneta International S.a.r.l., no. 77219184 (TTAB Oct. 4, 2013) that protection is appropriate for Bottega Veneta’s signature “weave design, described as a: “configuration of slim, uniformly-sized strips of leather, ranging from 8 to 12 millimeters in width, interlaced to form a repeating plain or …
Permanent link to this article: https://betweenthenumbers.net/2013/10/bottega-veneta-successfully-trademarks-its-signature-design-element/
Oct 10
The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) ordered Clean Diesel Technologies Inc.(“CDTI”) to pay $1.9 million to its former chief financial officer in association with a violation of the whistleblower provisions of the Sarbanes-Oxley Act. OSHA determined that CDTI wrongfully terminated the former CFO in April 2010 after he warned the board …
Permanent link to this article: https://betweenthenumbers.net/2013/10/1-9-million-to-whistleblower-cfo/
Sep 17
The IRS recently issued Chief Counsel Advice (CCA) Memorandum 20133501F, which addresses the appropriate tax treatment for litigation settlements with current or former employees. The guidance was as follows: “When are attorney’s fees paid by an employer as part of a settlement agreement with a former employee subject to employment taxes? In the absence of a …
Permanent link to this article: https://betweenthenumbers.net/2013/09/tax-treatment-for-employee-litigation-settlements/
Sep 15
In Nickerson v. Stonebridge Life Insurance Company (B234271, Aug. 29, 2013), the California Court of Appeal affirmed the trial court’s reduction of the jury’s punitive damage award to ten times the tort damages. In reaching this decision, the Appellate Court extensively discussed the defendant’s conduct, and its application under federal and California punitive damage law. …
Permanent link to this article: https://betweenthenumbers.net/2013/09/pay-more-attention-to-compensatory-damages-punitive-damages-remain-limited-to-simple-multipliers/
Aug 09
On July 11, 2013, in re: Beaumont-Jacques v. Farmers Group Insurance, a California appellate court affirmed summary judgment in favor of an insurance company. The issue was whether a District Manager was properly classified as an independent contractor, rather than an employee. The decision is perhaps not as significant once one understands the underlying written …
Permanent link to this article: https://betweenthenumbers.net/2013/08/big-setback-in-california-to-reclassify-workers-as-employees/
Jul 24
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 …
Permanent link to this article: https://betweenthenumbers.net/2013/07/the-appropriate-discount-rate-in-a-lost-earnings-claim/
Jul 06
Based on the sheer volume of headlines in the media, one might think that this lost earnings claim either has some extraordinary circumstances and/or involves a celebrity. However, it appears that neither of those are true. From a legal and economic damages standpoint, the alleged wrongful termination and gender discrimination claims are routine. So, why …
Permanent link to this article: https://betweenthenumbers.net/2013/07/lost-earnings-claim-getting-way-more-press-than-it-deserves/
Dec 31
An example of a proper expert exclusion under Daubert
December 31, 2013
In an unpublished opinion in re: Craig Moore vs. International Paint, L.L.C., (No. 13-30281, November 15, 2013) the Fifth Circuit upheld the District Court’s exclusion of an expert witness and the related Summary Judgment Order. The case provides a worthwhile primer on when a Daubert motion should be successful. Too often, judges go beyond the …
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