News & Analysis as of

Rebuttable Presumptions Damages

Ervin Cohen & Jessup LLP

MGA Entertainment v. Harris: Despite $71M Judgment, Federal Court Declines to Enjoin Trade Dress Infringement, Revealing Limits to...

On April 15, 2025, after jurors found a line of dolls from the toymaker, MGA Entertainment, Inc. (“MGA”), infringed the trade dress rights of a pop group owned by music artists Clifford "T.I." Harris and Tameka "Tiny" Harris,...more

Latham & Watkins LLP

DOI Seeks Comments on Proposal to Expand Natural Resource Damage Assessment Procedures

Latham & Watkins LLP on

The advanced notice of proposed rulemaking signals DOI’s interest in developing faster and more cost-effective methods to quantify natural resource damage claims. On January 18, 2023, the US Department of the Interior...more

McDermott Will & Schulte

No Shelter for Willful Infringement of Distributor’s Trademarks

The US Court of Appeals for the Seventh Circuit affirmed a district court’s finding of trademark infringement and award of damages against a manufacturer of storm shelters and its owner, and went a step further by ordering...more

White & Case LLP

California's New Reverse Payment Law Departs from Supreme Court Standard in FTC v. Actavis

White & Case LLP on

On October 7, 2019, California became the first state to enact legislation—Assembly Bill 824 ("AB 824")—rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive. This alert...more

ArentFox Schiff

WTA Wage and Hour Changes Increase Risks and Costs on New Jersey Employers

ArentFox Schiff on

New Jersey is one of the more aggressive states in seeking to punish employers for the misclassification of their workers. It recently upped the stakes for employers by enacting the New Jersey Wage Theft Act, which was signed...more

A&O Shearman

European Commission publishes guidelines to help national courts estimate share of overcharge passed on in private damages actions...

A&O Shearman on

The EC published guidelines for national courts to estimate the share of overcharge that is passed on. These non-binding guidelines explain the factors impacting the existence and magnitude of passing-on effects and methods...more

Skadden, Arps, Slate, Meagher & Flom LLP

"In SCA Hygiene, Supreme Court Rules Laches Not a Defense to Damages Within Statutory Period in Patent Cases"

In a 7-1 decision issued on March 21, 2017, the U.S. Supreme Court held in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC that laches cannot be invoked as a defense against a claim for damages in a patent...more

Snell & Wilmer

The Consumer Financial Protection Bureau Finalizes the Ability-To-Repay and Qualified Mortgage Rule

Snell & Wilmer on

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) amended the Truth in Lending Act (TILA) to provide for an expanded ability-to-repay requirement for the mortgage lending industry. The Consumer...more

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