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/
Jan 20
When it comes to damage calculations, the term “speculative” is effectively a death sentence. In order to provide evidentiary value, a damage calculation must be to a reasonable degree of certainty. In Carter v. Clements Walker PLLC, et al. (“CW”), the Court found that despite an expert opinion that Carter suffered $33 million in damages, …
Permanent link to this article: https://betweenthenumbers.net/2014/01/speculative-damages-lead-to-summary-judgment/
Oct 19
Recently, in the matter of Richard Todd Thomas v. James S. Bostwick, the Northern District of California rejected a motion to dismiss, allowing a convicted embezzler to pursue retirement funds retained by his former employer (the victim of his crimes). Thomas was an employee of James S. Bostwick, a Professional Corporation (“Bostwick, Inc.”) from 1996 …
Permanent link to this article: https://betweenthenumbers.net/2013/10/embezzlers-401k-is-off-limits-to-victim-employer/
Aug 27
The Los Angeles Business Journal (LABJ) just published its list of the best companies to work for in Los Angeles for 2013. The LABJ ranks the top 100 companies in Los Angeles, and segregates the list into Large (250+ employees), Medium (50-249 employees) and Small (15-49 employees) companies. The best places to work in Los …
Permanent link to this article: https://betweenthenumbers.net/2013/08/best-places-to-work-in-los-angeles/
Apr 27
Businessweek has released its current list of the top undergraduate business programs in the US. The top three placeholders held strong from their 2012 ranking: University of Notre Dame’s Mendoza College of Business University of Virginia’s McIntire School of Commerce Cornell University’s Dyson School of Applied Economics and Management The fourth and fifth place …
Permanent link to this article: https://betweenthenumbers.net/2013/04/businessweek-publishes-its-list-of-top-undergraduate-business-schools/
Feb 11
The recent real estate bubble and foreclosure crisis that California faced has left first-time home buyers wondering how much home they can really afford. With the relatively lower current prices and record low interest rates, the California Association of Realtors (C.A.R.) is suggesting it’s an opportune time to buy. C.A.R. published the following chart that …
Permanent link to this article: https://betweenthenumbers.net/2013/02/how-much-house-can-you-afford/
Sep 12
Despite prior criticism that the IRS hasn’t been properly paying under it’s whistleblower reward program (discussed here), it recently awarded a record amount of $104 million to Bradley Birkenfeld. The reward derived from information he provided leading to the 2009 agreement by UBS to pay $780 million in fines, penalties, interest and restitution related to allegations that …
Permanent link to this article: https://betweenthenumbers.net/2012/09/whistleblower-emerges-from-jail-and-collects-over-100-million-reward/
Jul 07
In some respects I’m feeling pretty justified by last week’s Supreme Court ruling on the Individual Mandate. That is because eighteen months ago I said that commentators were pushing aside the very real likelihood of it being justified under the taxation clause of the constitution. That prediction got me more than a little ridicule in some online …
Permanent link to this article: https://betweenthenumbers.net/2012/07/bullseye/
Sep 12
There is significant and valid concern over the government’s ongoing ability to maintain Social Security payment commitments. Given these issues, one might reasonably expect the Social Security Administration to safeguard the existing assets. Guess again. The Social Security inspector general estimates that $40 million was paid out to deceased beneficiaries. These erroneous payments did not …
Permanent link to this article: https://betweenthenumbers.net/2011/09/in-lieu-of-flowers%e2%80%a6social-security-sends/
