News & Analysis as of

Damages Due Diligence

Phelps Dunbar

Who, Me?

Phelps Dunbar on

A surety asserting an indemnity claim in federal court in Georgia sought recovery against indemnitors involved with a joint venture put together to bid on construction projects requiring surety bonds....more

Cooley LLP

How to Win a ‘Battle of Forms’? Avoid Them!

Cooley LLP on

The recent High Court decision in Volac International Limited v. IEP Technologies Limited[1] should serve as a reminder to contracting parties to ensure they have effective procedures in place to avoid a ‘battle of forms’ as...more

WilmerHale

Use of Software by Divested Business After Spinout Brings $80,000,000 Lawsuit

WilmerHale on

As more companies seek to spin out non-core businesses and the market for carve out divestitures heats up, counsel representing potential buyers and sellers should be prepared to identify and mitigate key risks that may arise...more

Freiberger Haber LLP

Summary Judgment Granted Because Reliance on Defendants’ Alleged Misrepresentations Was Not Justifiable

Freiberger Haber LLP on

The justifiable reliance element has been described as a “fundamental precept” and a “venerable rule”. The requirement is one of the five elements of a fraud cause of action: (1) a misrepresentation or a material omission of...more

Vondran Legal

VRBO owners, does your welcome book and terms include a DO NOT TORRENT warning?

Vondran Legal on

Strike 3 Holdings is an adult pornography company located in California that has literally filed over 10,000 federal court copyright infringement cases across the United States for nearly a decade now. No company files more...more

DarrowEverett LLP

[Webinar] Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and Sale Agreements - October 30th, 9:00 am PT

DarrowEverett LLP on

Looking to take some of the worry out of commercial real estate transactions? Then we highly recommend that you join us for our upcoming webinar: Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and...more

McAfee & Taft

SCOTUS: Damages for copyright infringement not limited to three years for timely claims

McAfee & Taft on

Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court...more

Wiley Rein LLP

Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

Wiley Rein LLP on

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based...more

Snell & Wilmer

Supreme Court Hold Copyright Act’s Statute of Limitations Does Not Limit Damages Period

Snell & Wilmer on

The U.S. Supreme Court held the Copyright Act’s three-year statute of limitations does not equate to a three-year limit on damages when plaintiffs bring claims under the Act using the discovery rule doctrine. In doing so,...more

McGlinchey Stafford

Massachusetts Supreme Judicial Court Reconsidering Uber’s Pop-Up Terms & Conditions

McGlinchey Stafford on

In January 2024, the Massachusetts Supreme Judicial Court (“SJC”) heard oral arguments in Good v. Uber Technologies, Inc. At issue are Uber’s terms and conditions that the ridesharing application provides its users in a...more

Smart & Biggar

On the (Quebec Health) Record: the Federal Court holds the Quebec government liable for patent infringement

Smart & Biggar on

In a digital-age David versus Goliath case, Dr. Luc Bessette has come head-to-head with the Quebec government in a battle over rights to a technology solution that provides shared access to critical medical information...more

Jaburg Wilk

The Defaulting Seller and a Notice of Lis Pendens

Jaburg Wilk on

After months of searching, you have finally found the house of your dreams, and much to your delight the Seller has accepted your offer of $500,000. You deposit your $15,000 “earnest money” with the escrow company, and an...more

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