No Harm, No Foul? How Companies Can Limit Their Liability Under Federal Consumer Protection Statutes After Spokeo

Numerous companies have been hit with multi-million-dollar judgments or settled with consumers based on statutory damages from consumer protection statutes alone, which can easily derail a company’s financial stability. Given that some courts have allowed these “no-harm” injuries to meet … Continue reading

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Was Allergan’s Patent-Housing Agreement In Exchange For Sovereign Immunity a “Sham to Subvert the Existing Intellectual Property System?”

Allergan plc (“Allergan”) holds several patents for its prescription dry-eye medication Restasis. In 2015, Allergan sued Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA Inc., and Akorn Inc., (the “Generic Manufacturers”), for patent infringement following their filings of abbreviated new drug applications … Continue reading

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A (Nude) Picture is Worth a Thousand Words—But How Many Dollars?: Using Copyright as a Metric for Harm in “Revenge Porn” Cases

So-called “Revenge Porn”—pornography published without the subject’s permission—is a growing issue. While much discussion exists about how best to outlaw the practice, less has been said about precisely how to measure the harm done. This paper is grounded in an … Continue reading

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