The Radio Dee-Jay vs. the Pop Star

TAYLOR SWIFT, et al., Defendants.
Civil Action No. 15-cv-1974-WJM-KLM
United States District Court, D. Colorado
July 20, 2017.
In this case, the plaintiff, David Mueller (“Mueller”) is suing Taylor Swift (“Swift”), yes, that Taylor Swift, for tortious interference with his employment contract and with related business expectancies,

Pitfalls of Not Retaining a Competent Damages Expert

Selecting the right expert is one of a litigator’s most important challenges.  Selecting the wrong expert can destroy a perfectly potent case.  This is a synopsis of what happened when the Plaintiff retained the wrong expert and saw their millions of dollars in damages evaporate.
In the matter of Horizon Health Corporation v.

Supreme Court Reverses Apple’s $399 Million Damages Award Calculated Based on Samsung’s Entire Profits on Infringing Smartphone Sales

Samsung Electronics Co., Ltd, et al. v. Apple Inc.Supreme Court of the United States: Decided December 6, 2016
The U.S. Supreme Court overturned a $399 million damages award to Apple for Samsung’s infringement of smartphone design patents, holding that the United States Court of Appeals for the Federal Circuit (the “Federal Circuit”) erred in its interpretation of Section 289 of the Patent Act in its determination of damages.

Prejudgment Interest on Lost Profits under New York Law

Washington, et al. v. Kellwood Co., Civil Action No. 05-CV-10034 (SN)
United States District Court, S.D. New York: Decided March 4, 2016
In an exclusive licensing contract entered on November 25, 2003, Kellwood Company (“Kellwood”), a clothing manufacturer, agreed to manufacture, promote, and sell performance athletic apparel under the plaintiffs’ brand name “Sunday Players”. 

Federal Circuit Affirmed Jury’s Lost Profit Awards in Apple v. Samsung Patent Litigation

Apple Inc. v. Samsung Electronics Co., Ltd, et al., 786 F.3d 983 (2015)
United States Court of Appeals, Federal Circuit: Decided May 18, 2015
On appeal from a final judgment of the U.S. District Court for the Northern District of California, the Federal Circuit affirmed the jury’s finding that Samsung infringed Apple’s design and utility patents and then affirmed the damages awarded by the jury for the infringements,

Cross Examination: Be Very Wary of Experts

A family of two brothers and a father failed to pay millions they owed, claiming that they had no money. One of the family’s creditors believed that they had artificially reduced their reported income to avoid making any payments of their debts. We were retained by this lender to opine on the amount of compensation that should have been earned by the family from their real estate development business.

Testifying Experts – Size Matters

Almost all of our business at Rosenfarb LLC is generated from litigators – our client base. In addition to all of their other skills, good litigators are very good actors and like all good actors they can play any role. They are sufficiently capable, nimble, quick and smart enough to learn about any subject matter.

Winning Decision for Rosenfarb’s Clients

High praise given to Sam Rosenfarb by HON. IRA GAMMERMAN (Ret.) Justice of the Supreme Court, New York:
“Rosenfarb, who had many degrees and who was in my opinion an expert in both giving testimony on the issue of what would be appropriate compensation and on many other things. He’s an expert appraiser and he submitted a report and testified at some length regarding the value of the services that the three defendants had rendered or were rendering….