Irreparable Injury: Improper Standard for Preliminary Injunctive Relief in EEOC Cases?

Jan Lesly Lettes

doi:10.2307/1228580

Negotiating Damages after One Step: Employment Team Move and Misuse of Confidential Information Cases

Edinburgh Law Review ◽

10.3366/elr.2020.0650 ◽

2020 ◽

Vol 24 (3) ◽

pp. 363-388

Author(s):

Philippe Kuhn

Keyword(s):

Fiduciary Duty ◽

Confidential Information ◽

Breach Of Contract ◽

Injunctive Relief ◽

One Step

This article addresses monetary remedies in employment team move and misuse of confidential information cases. It argues that, after the Supreme Court's decision in One Step (Support) Ltd v Morris-Garner, negotiating (previously Wrotham Park) damages offer a useful additional compensatory tool in misuse of confidential information cases. They can help overcome some of the difficulties with ordinary contractual damages, equitable remedies for breach of fiduciary duty and confidence and limitations in injunctive relief. While One Step is restrictive overall, there is a real role for negotiating damages in employment cases where misuse of confidential information is the sole or predominant breach of contract. The well-established Faccenda approach is suggested for identifying the requisite confidential information.

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Discretionary Injunctive Relief for Patent Infringement: Partial Remuneration after EBay and Its Implications for the Developing World

SSRN Electronic Journal ◽

10.2139/ssrn.2305445 ◽

2013 ◽

Author(s):

Richard Li-dar Wang

Keyword(s):

Developing World ◽

Patent Infringement ◽

Injunctive Relief

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WARNER MUSIC UK LTD v TUNEIN INC (No. 2)

Reports of Patent Design and Trade Mark Cases ◽

10.1093/rpc/rcaa017 ◽

2019 ◽

Vol 136 (12) ◽

pp. 834-846

Author(s):

Keyword(s):

Copyright Infringement ◽

Communication To The Public ◽

Sound Recordings ◽

The Public ◽

Internet Radio ◽

Commercial Importance ◽

General Terms ◽

Injunctive Relief ◽

Services Use

Abstract H1 Copyright – Infringement – Sound recordings – Internet radio services – Use of hyperlinks – Communication to the public – Scope and effect of finding on liability – Relief – Whether injunctive relief in general terms appropriate – Whether injunctive relief and any damages inquiry should be limited to specific instances of liability established at trial – Proportionality – Stay of injunction pending appeal – Costs – Relevance of commercial importance of particular issues

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