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CFC Blasts AF and DOJ for Vexatious Litigation

Client Alert | 1 min read | 10.31.16

In the latest decision in SUFI Network Servs., Inc. v. U.S. (Oct. 19, 2016), the CFC found SUFI (represented by C&M) to be entitled to litigation attorney’s fees and expenses under the Equal Access to Justice Act, under both the “bad faith, vexatious litigation” exception to the American Rule and the “small business” provisions, for the entire duration of the proceedings at the ASBCA, the CFC, and the Federal Circuit, which have lasted at this point over a dozen years. The CFC awarded fees at counsel’s full, current rates to account for vexatious conduct and delay and also found that the “special factors” of exceptional results and uniquely experienced counsel supported that same award.

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Client Alert | 4 min read | 04.01.26

Supreme Court Rejects “Mere Knowledge” Standard for Contributory Copyright Infringement in Cox v. Sony, Reverses $1 Billion Judgment Against Cox

On March 25, 2026, in Cox Communications, Inc. v. Sony Music Entertainment, the U.S. Supreme Court reversed a $1 billion verdict against Cox. The judgment was the result of a jury trial in which Sony claimed that Cox was liable for contributory copyright infringement because it knew that its customers were using its service to infringe yet did not respond with sufficient diligence to prevent that infringement....