Tag Archives: Misconduct

Defendants' Improper Jury Arguments and Discovery Misconduct Justify Award of Attorney Fees

Following a jury verdict of $21 million, the court granted plaintiffs' motion for attorney fees under 35 U.S.C. § 285 because defendant's litigation conduct was exceptional. "⁠[T]here cannot be serious doubt that [defendant's] litigation strategies unnecessarily complicated the proceedings and … Continue reading

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Guest Post: Sexual Misconduct Claims: How Charitable is Your D&O Policy?

Mark Sutton Karen Boto Among other things, the media clamor about claims of sexual misconduct involving high profile politicians and business executives has in some instances led to D&O claims, as I recently noted. In the following guest post, Mark … Continue reading

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SEC Retail Strategy Task Force Working to Combat Misconduct Involving Retail Investors

Last year, the Securities and Exchange Commission announced that it was creating a Retail Strategy Task Force as part of the Enforcement Division’s continuing endeavors to shield retail investors.  The newly created Task Force has already in 2018 published an … Continue reading

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Sexual Misconduct and D&O Claims

The fallout from the current wave of revelations sexual misconduct involving media figures, politicians, and corporate executives has included, among other things, a rash of D&O claims – including, for example, claims against the boards of 21st Century Fox and … Continue reading

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Understanding the Difference Between Sexual Misconduct, Sexual Harassment, and Sexual Assault

If you look at Google Trends to see the recent history of the term “sexual harassment,” you can see that this phrase started being searched at a much higher rate right around October of 2017. This is no coincidence. October … Continue reading

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