Non-economic damages (pain and suffering) are the most significant and variable components of liability. Our survey of 51 U.S. jurisdictions shows wide heterogeneity in whether attorneys may quantify damages as time-units of suffering (“per diem”) or demand a specific amount (“lump...

Perhaps, nowhere has the pace of technology placed more pressure on the law than in the area of data privacy. Huge data breaches fill our headlines. Companies often violate their own privacy policies by selling customer data, or by using the information in ways that fall outside their policy....

Modern technology products are often covered by thousands of patents. Yet awards for a single component have averaged a surprisingly high 9.98% of the infringing product’s price. To curb such disproportionate awards, the law insists that damages reflect the contribution made by the patent. But...

Technical standards are an essential part of how the modern world operates. Standards enable different devices to communicate with each other, use the same power supply and even exchange data. These standards are created by groups of companies coming together through standard settings...

In 2015, Carnegie Mellon University v. Marvell Technology Group, Ltd. firmly shut the door on the worldwide causation theory holding that patentees could not recover damages based on foreign sales even if those sales were somehow caused by infringement in the United States. But just as it closed...