It's Settled (Or Is It?) - How the NLRB Is Restricting Private Agreements By April N. Love

Lurking just below the surface of patent damages cases in recent years has been the question of whether a patentee that seeks to recover its lost profits from infringement bears the burden of "apportionment." In a recently decided case of Mentor Graphics Corp. v. EVE-USA, Inc., the Federal Circuit first squarely recognized that a patentee has the burden of apportionment when seeking to recover lost profits.
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ISBN: 9781422429983
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Most legal disputes settle out of court, and for good reason. Pre-trial settlement can be particularly appealing to employers who seek to avoid the time and expense inherent in litigation. Perhaps more importantly, settlement can help employers avoid the risk of an unfavorable outcome at the hands of an unfriendly fact-finder -- unless you intend to resolve an alleged violation of the National Labor Relations Act (NLRA).

April N. Love is an attorney with Littler Mendelson, P.C., based in Houston, Texas. April represents management clients in a broad range of labor and employment issues, including employment discrimination, workplace harassment, retaliation, wrongful termination, wage and hour law, and traditional labor. She is licensed to practice in both Texas and California. You may contact April at

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