Two Major Approaches Adopted by Courts Assessing Claims This article discusses the challenges that COVID-19 and other recent catastrophes present when calculating business interruption claims. It surveys the two common approaches adopted by courts, examines their outsized impact on an insured’s recovery, and discusses how the influx of new decisions will change the business interruption landscape. It also a ...

A Unique Take on Causation Experts are becoming aware of how the COVID-19 pandemic has affected lost profit analyses that include 2020 and 2021. The pandemic and the slow recovery have created separate causations which may or may not become the proximate cause of a damaged business’ loss. For this reason, the effects of COVID-19 must be considered as an alternative causation to lost profits. The lockdowns a ...

On March 4, 2019, the U.S. Supreme Court held that the Ninth Circuit’s expanded view of "full costs" in copyright cases was improper, going beyond the "costs" typically available to litigants in federal court. Rimini Street, Inc. et al., v. Oracle USA, Inc., et al., No. 17-1625, slip op. (U.S. Mar. 4, 2019.) This ruling overturns a $12.8 million award granted to Oracle USA Inc. for its "nontaxable costs," w ...

The global nature of today’s economy makes the process of recovering the assets of fraud and other business crimes all the more difficult. The legal benefits provided by different jurisdictions are often used illegitimately by individuals to hide the proceeds of fraudulent activities, making it more difficult for the victims of fraud to recover their assets. In this article, Eric Rein discusses the strategi ...