Litigation (CLE)

The Standard Essential Patent (SEP) litigation landscape continues to evolve as years pass. Interestingly, its interplay with other legal areas presents unique challenges for businesses and patent owners.

The COVID-19 pandemic has brought an immense economic toll on businesses across the globe. Specifically, it prompted a spike in the number of lost profit damages lawsuits as businesses seek to recover lost profits because of pandemic-related damages. However, although there are various damage calculation theories available, pandemic-related lost profit claims can be taxing and challenging. Thus, businesses and their counsel must always exercise diligence in documenting their revenues and profits. They must also be abreast of emerging regulatory developments to avoid pitfalls.

Commercial litigation is among the many areas of law affected by the impact of the COVID-19 pandemic, which resulted in several case delays and significant business litigation proceeding restrictions. Furthermore, the currently implemented remote hearings also add a great deal of uncertainty and this will likely continue for a period of time as in-person arrangements are not possible yet. These issues bring further complexities and challenges in the determination of proceedings and trials, thus creating a crucial need to be conversant with the nuances of the situation and other updates.

The litigation landscape for fiduciary duty claims has been continuously evolving with the recent developments and court rulings. As the number of lawsuits increase, companies are confronted with a myriad of challenges and compliance hurdles. Failure to maintain a good fiduciary relationship could pose risks of litigation which may result in monetary penalties and reputational damages.

Over the past years, several court rulings have successfully shaped and influenced the appraisal litigation landscape, which resulted in a dramatic decline in both the number of business appraisal petitions and case filings. However, with several cases still pending, additional changes and issues may continue to proliferate leaving ambiguities for companies and their counsel.

The number of toxic tort claims has aggressively increased over the past years, prompting several regulatory revamps. In this legally complex area of law, businesses and their counsel must keep themselves abreast of emerging developments that continue to transpire. Having an in-depth understanding of the litigation procedures and case strategies is essential to avoid drawbacks.

Opportunities for financiers and consumers continue to flourish as litigation finance becomes more and more mainstream. However, despite the benefits that abound, challenges and drawbacks still emerge, including the conflicts of interest between clients and financiers, particularly in executing financing agreements. Thus, law firms and all businesses concerned are called to intensify their relationship with financiers and rethink ways to budget and monetize claims.

The rising competition among several industries including the healthcare and digital platforms has continuously challenged economic fairness and posed compliance hurdles for practitioners specifically under the Sherman Act. Some of the violations include price fixing, rigging contract bids, and allocating consumers between businesses that should be competing for them.

In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in Implications of GEICO v. Whiteside on Bad Faith Litigation: A Comprehensive Analysis. Speakers will also present all important issues surrounding this significant topic. Join us for this Knowledge Group Webinar!

In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide and present an in-depth analysis of the fundamentals as well as recent developments in Asbestos Litigation: Demystifying Trends, Developments, and Defense Strategies. Speakers will also present all important issues surrounding this significant topic. Join us for this Knowledge Group Webinar!

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.