Litigation (CLE)

The lost profit damages litigation landscape unceasingly shifts as emerging trends and court rulings continue to reshape the current paradigm. Notably, the economic disruption brought by the COVID-19 pandemic further complicates the calculation of damages, particularly for claims involving breach of contract or business interruption insurance.

The past years have recorded a significant number of punitive damages awards in asbestos-related lawsuits. However, granting of punitive damages awards can pose critical issues in asbestos litigation. This is because the potential for punitive damages can profoundly affect the plaintiff verdict and may increase the settlement values of asbestos-related claims.

Lack of proper project management and documentation, compliance with the present project standards, and excessive costs are often the reasons behind construction disputes. For years, these disputes have created significant challenges and risks in the construction industry.

The construction industry has been hounded by unprecedented threats and other legal pitfalls. Various claims for damage to property or persons arising from construction projects, often expose companies and individuals to the risk of costly litigation. In order to prevent or limit risks arising from such claims, general contractors, subcontractors, and owners must adopt an insurance program that will effectively mitigate the risks of claims and potentially provide a source for coverage and recovery.

Third-party litigation finance continues to gain popularity in the fields of law and finance. Nearly unheard of decade ago, litigation finance is now a multi-billion-dollar industry. Litigation finance allows claimholders who otherwise cannot afford the mounting costs of litigation to access the courts with top-choice counsel.

Preference claims in bankruptcy litigation have long been a subject of concern among creditors. As significant cases continue to refine and expand this legal landscape, litigators must always expect the emergence of new complexities that may reshape how they defend their clients.

Also known as claim construction hearing, the Markman hearing is a significant proceeding in a patent infringement case. Getting it right is crucial to the success of a case.

Construction claims, which typically arise from disagreements, failed obligations, or violations on construction contracts, can be challenging and time-consuming. Failure to effectively manage and resolve such disputes can have a profound effect on a project’s lifecycle and deter good relationship between parties.

With the evolving regulatory and compliance landscapes, class action litigation has significantly raised specific legal challenges and vulnerabilities to businesses across industries. In addition, although courts are generally adjusting the rules applicable to the concerns of class action lawsuits, several unsettled and divergent viewpoints can vastly cause critical issues and complications in this complex and multifaceted area of law.

Data breaches in the U.S. have shown no signs of slowing down in the last several years, neither have the wave of class action cases associated with these. Recent breaches include some of the largest companies such as LifeLabs, Yahoo, Equifax, and Google LLC. Such breaches, as well as the infringements incorporated with it, can impose tremendous burdens on banks and credit card companies that have to respond to a flood of fraud claims and canceled cards.