Bar Exam Toolbox Podcast Episode 316: Spotlight on Torts (Part 1 – Negligence)
The Future of Litigation: Adapting to the Era of Nuclear Verdicts
The Impact of the Horn Case on RICO - RICO Report Podcast
Law School Toolbox Podcast Episode 497: Listen and Learn -- Incidental, Reliance, and Restitution Damages (Contracts)
Podcast - Ohio State Senator Has a Bone to Pick with Court Ruling on Boneless Wings
False Claims Act Insights - Assessing the Fallout from a Thermonuclear FCA Verdict
3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years (Podcast)
The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
Supreme Court to Settle Circuit Split Regarding RICO Damages Arising From Personal Injuries — RICO Report Podcast
RICO Damages — RICO Report Podcast
(Podcast) The Briefing: How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
The Briefing; How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
SDNY Chooses “Time Approach” to Calculating Lease Termination Damages Collectible Against a Bankrupt Estate
Using Expert Witnesses in FCRA Cases - FCRA Focus
#WorkforceWednesday: How to Pursue Damages in Trade Secrets Litigation - Employment Law This Week® - Spilling Secrets Podcast
How Do You Measure The Economic Value of Ecosystems?
Podcast: Discussing Florida Tort Reform with William Large and Tiffany Roddenberry
6 Key Takeaways | Presenting Damages in International Arbitration
Bar Exam Toolbox Podcast Episode 167: Listen and Learn -- Direct and Derivative Actions (Corporations)
In the 18 months since the Change Healthcare breach occurred, class action suits—filed by both patients and providers—continue to multiply, with no resolution yet in sight. In fact, in late June, the Minnesota judge presiding...more
On remand, the District Court held that individual questions predominated regarding whether individuals incurred reasonable expenses or spent time in mitigation of fraudulent charges or data posting, and denied class...more
On June 27, 2025, the District Court for the Middle District of Florida, on remand from the Eleventh Circuit, reversed course when it denied class certification to a group of plaintiffs who were purportedly impacted by a...more
The Fourth Circuit (again) de-certified classes in the Marriott Data Breach Litigation. As further described below, the court held that the class action waiver at issue in the case was valid, not prohibited by Rule 23, and...more
Le 23 avril 2025, dans l’affaire Insurance Corporation of British Columbia v. Ari (décision disponible uniquement en anglais), la Cour d’appel de la Colombie-Britannique (la « CACB ») a confirmé une décision de première...more
The past year has introduced some uncertainty for institutional defendants facing privacy breach class actions in Canada. While Ontario’s Court of Appeal has been consistent in its approach to class actions against “database...more
On April 23, 2025, in Insurance Corporation of British Columbia v. Ari, the British Columbia Court of Appeal affirmed a class action judgment awarding aggregate damages of C$15,000 per class member without proof of...more
One of the main risks for a company in the event of a data breach is the threat of litigation. Data breach litigation continued to proliferate in 2024, as it has in prior years....more
Some data breach class actions settle quickly, with one of two settlement structures: (1) a “claims made” structure, in which the total amount paid to class members who submit valid claims is not capped, and attorneys’ fees...more
The court granted the third-party defendant’s first motion to dismiss for lack of general jurisdiction but permitted the parties to conduct jurisdictional discovery. After the close of jurisdictional discovery, the...more
In its judgement of November 18, 2024 (case number VI ZR 10/24) the German Federal Court of Justice (Bundesgerichtshof – “BGH”) clarified key legal issues regarding claims for damages under Article 82 GDPR in the event of a...more
On November 18, 2024, the German Federal Court of Justice (Bundesgerichtshof – “BGH”) made a (to date unpublished) judgment under the case number VI ZR 10/24 regarding claims for non-material damages pursuant to Art. 82 GDPR,...more
The first wave of Australia's expansive privacy law reforms has been introduced into Federal Parliament in the Privacy and Other Legislation Amendment Bill 2024 (Cth) ("Bill")....more
Data breaches have become a serious issue for businesses, leading to numerous putative class action lawsuits alleging that the defendants failed to prevent the unauthorized disclosure of personally identifiable information or...more
On April 29, 2024, the Supreme Court issued an Order List indicating that certiorari had been denied in Brinker International, Inc. v. Steinmetz, Docket No. 23-648. The Eleventh Circuit Brinker Decision - Brinker was...more
One of the main risks that a company faces after a data breach is a potential lawsuit. Plaintiffs often will allege creative statutory and common law theories of harm after they learn that their personal information has been...more
As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more
A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more
Most states have a law that protects trade secrets. California, for example, has CUTSA (California Uniform Trade Secret Act). Arizona has the Arizona Uniform Trade Secrets Act ("AUTSA") found in chapter 4 of title 44 of the...more
On 4 May 2023, the European Court of Justice (CJEU) delivered its highly anticipated judgement in Österreichische Post (Case C-300/21) on a crucial issue: the extent to which data subjects affected by a breach of the GDPR...more
Der Europäische Gerichtshof („EuGH“) legt die Anforderungen für Schadensersatz nach Art. 82 EU Datenschutz-Grundverordnung („DSGVO“) in einem neuen Urteil weit aus (Urteil vom 4. Mai 2023, C-300/21). Zwar trifft der EuGH...more
Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v Uber BV. This, and other recent decisions,...more
Ransomware insurance coverage has become increasingly popular in recent years as the threat of ransomware attacks has continued to grow. However, despite the widespread adoption of this type of insurance, there are still...more
An insurer in Washington could not eliminate its coverage obligation based on its insured’s recovery from a third party. T-Mobile USA, Inc. v. Steadfast Ins. Co., et al., No. 82704-9-I, 2022 WL 17246715 (Wash. Ct. App., Nov....more
The Advocate General opined that data subjects must prove that they suffered damage from a GDPR breach in order to claim compensation. Article 82 of the General Data Protection Regulation (GDPR) states that any person...more