News & Analysis as of

Damages Risk Management

Clark Hill PLC

Direct vs. Consequential: Why precise contract language matters

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When entering into a construction contract, it is important to understand and account for the differences between direct damages and consequential damages, as these differences can determine what damages may be recoverable....more

Miller Canfield

Massive Damages in U.S. Trade Secret Cases Signal High Stakes for Businesses

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Recent U.S. trade secret verdicts have demonstrated the extraordinary financial exposure companies face under the Defend Trade Secrets Act (DTSA). Courts have awarded hundreds of millions in damages for misappropriation of...more

Husch Blackwell LLP

False Claims Act Insights - The Mathematics of Nuclear FCA Verdicts

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Host Jonathan Porter welcomes back to the show Husch Blackwell attorney Tanner Cook to talk about the trial penalties associated with False Claims Act (FCA) litigation. The conversation begins with a short summary of how...more

Troutman Amin LLP

MIDYEAR LITIGATION REPORT: TCPA Class Actions Up Staggering 95.2% from 2024–Previously the Highest Year On Record

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2024 was a record setting year for TCPA litigation with the highest number of class actions filed in a single year ever. 2025 is blowing it out of the water. To date there have been 1,052 TCPA class actions filed in 2025–...more

Roetzel & Andress

$44 Million Scam Demonstrates Dangers of Navigating the Publishing Industry Without Legal Counsel

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A federal grand jury has charged three individuals with orchestrating a publishing and media scam that defrauded more than 800 authors of over $44 million. The case serves as a stark reminder of the legal risks authors face...more

Roetzel & Andress

Think Before You Post: Notable Case Demonstrates Dangers of Using Unlicensed Music in Social Media Marketing

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Warner Music Group initiated a copyright infringement lawsuit against DSW Designer Shoe Warehouse and its parent company, Designer Brands Inc. Warner Music Group accuses DSW of using over 200 recordings and compositions owned...more

JUSTICENTER

Comparing Turo’s Protection Plans With Your Personal Auto Insurance

JUSTICENTER on

Peer-to-peer car-sharing platforms like Turo have transformed California’s driving scene. Many California residents are choosing to rent out their personal vehicles or book rides through the Turo app. While Turo offers...more

Cozen O'Connor

South Carolina’s New Tort Reform and Liquor Liability Law

Cozen O'Connor on

On May 28, 2025, South Carolina Governor Henry McMaster officially signed H.3430, also known as Act 42, which amends part of South Carolina’s Contribution Among Tortfeasors Act, S.C. Code Ann. §15-38-15, as well as laws...more

DarrowEverett LLP

The Business Value of Engaging a Litigator Before You Are In Court

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The point when what began as a negotiation, or even a conversation, ripens into a full-blown lawsuit is rarely clear. Yet it is certainly clear that the courtroom is not where any of the parties to a once-promising business...more

McGuireWoods LLP

Product Liability & Mass Tort Monitor: May 2025

McGuireWoods LLP on

The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort litigation....more

J.S. Held

Managing Contents Claims After a Wildfire: Restoration, Testing, and Insurance Strategies

J.S. Held on

Understanding Contents Damage and Contamination After a Wildfire - When dealing with affected personal property (contents) after a wildfire, it is important to understand that each loss location is unique and that there is...more

J.S. Held

Lessons Learned from the Recent Ruling on Contractor Responsibilities in Delay and Inefficiency Claims

J.S. Held on

The recent ruling in Berkley Insurance Company v. Suffolk Construction Company, issued by the United States District Court for the Southern District of Florida, has highlighted several significant lessons for subcontractors,...more

McDonnell Boehnen Hulbert & Berghoff LLP

What Do Changes to Palworld Mean for the PocketPair/Nintendo IP Dispute?

I have been following and writing about the ongoing legal battle between Nintendo / The Pokémon Company and PocketPair over PocketPair’s popular video game Palworld. This past week, PocketPair published a blog post addressing...more

Weber Gallagher Simpson Stapleton Fires &...

Mitigating the Risk of a Commercial Motor Vehicle Claim

The numbers are frightening. In recent years, juries have routinely rendered outsized verdicts, a trend attributable in part to social inflation, public sentiment toward corporate defendants, and sophisticated litigation...more

Holland & Hart - Your Trial Message

Prioritize Safety for Your Gen-Z Jurors

We live in uncertain times, and that is becoming a more obvious observation by the day. From the turmoil in the financial markets to the tumult in the marketplaces of ideas, there is a widely felt lack of security,...more

Hinshaw & Culbertson - Insights for Insurers

The Ultimate Social Inflation Survival Guide

Insurance professionals, risk managers, and counsel deal with it on a daily basis, plaintiffs' personal injury lawyers are driving and benefiting from it, consumers and policyholders are paying for it, litigation funders are...more

Potomac Law Group, PLLC

Three Tips for Your Company's Form Agreements

What’s missing from your company’s form agreements? Using form agreements allows companies to achieve efficiencies, consistency, and preferred contract language, but reliance on the standard terms that have become routine in...more

Gray Reed

Industrial Insights: Time Extensions

Gray Reed on

Well, Q1 of 2025 ended with a bang and continued the expansion of transactional work for the Gray Reed Construction Team. The announcement of tariffs and feared disruptions in the supply chain certainly created a point of...more

Bradley Arant Boult Cummings LLP

Effective Risk Management for Nursing Facilities: Insurance Insights on Retaliation Claims

This is the first in a series of articles addressing critical issues in risk management and insurance for skilled nursing facilities. Owners and operators of skilled nursing facilities know that a claim or lawsuit against...more

Zelle  LLP

The LA Fires Contingent Business Interruption Coverage Considerations

Zelle LLP on

The Los Angeles area fires that started in early January have destroyed thousands of homes and businesses throughout the region. The fires triggered ongoing evacuation orders and warnings as communities coped with dangerous...more

Cozen O'Connor

Lack of Insurable Interest Precludes Recovery for Property Damage

Cozen O'Connor on

In Ram Krishana Inc. d/b/a Motel 6 Sulphur v. Mt. Hawley Insurance Co. (2025 WL 371016) (S.D.N.Y. 2025)), the United States District Court for the Southern District of New York determined that the plaintiff lacked an...more

Offit Kurman

Suing Someone? Five Crucial Factors to Consider Before Proceeding

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So, you think you can sue. Maybe you had a contract, and the other side breached it. Or maybe someone owes you money, and you’re ready to go after them. Not so fast. Starting a lawsuit is a big step, and there are many...more

A&O Shearman

Disputes 101 – How to get out of a contract or obligation

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Back to basics – Do you even have a contract? Generally, a contract will be formed when parties come to an agreement through offer/acceptance. This doesn’t typically create problems where there is a written agreement between...more

Maison Law

Smoke, Ash and Soot Claims Following the California Wildfires

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To say that California has been hard-hit by wildfires would be a gross understatement. California, the most populous U.S. state and the third largest by area and home to iconic landmarks, such as the Golden Gate Bridge,...more

Gray Reed

Disrupted Operations – Owners Beware! – Part 2 (DAMAGES)

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Liquidated damages are intended to provide predictability to the owner and contractor as to the financial consequence of not completing a project in a timely manner. Since liquidated damages are intended to compensate the...more

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