In this paper, we examine the link between innovative activity on the part of firms, the competitive pressure to introduce innovations and punitive damage awards. While innovative activity brings forth valuable new products for consumers, competitive pressure in the ensuing innovation race...

The Consumer Sales Directive has to a large extent harmonised the consumer’s rights and remedies against professional sellers. The European Commission has considered the introduction of an EU wide direct producers’ liability for a long time. Currently, the situation in Europe is divided:...

This article theoretically analyzes the effects of the platform liability for the third-party products on incentives of the third-party vendors to make efforts to produce safe products. For this purpose, I suppose that the platform behaves as a mere marketplace and does not screen vendors or...

The 21st Century Cures Act confirmed the FDA’s authority to regulate certain categories of software that, increasingly, incorporate artificial intelligence/machine learning (AI/ML) techniques. The agency’s September 27, 2019 draft guidance on Clinical Decision Support Software proposed an...

This Note undertakes an in-depth review of an important legal problem that has not yet been addressed—the role of products liability in the sharing economy. To date, two foundational questions have not been posed in the sharing economy literature, much less answered. First, what descriptive...

Punitive damages have been around for centuries in classic one-on-one tort actions and are here to stay. Mass torts, of more recent origin and not without difficulties, have matured to the point that this article is comfortable referring to most of them as traditional. Notwithstanding the...

This chapter for the Cambridge Handbook on Comparative and International Trademark Law compares the doctrinal strategies deployed by the European Union and United States to serving the anti-misappropriation impulse in trademark law. While the EU's enforcement regime openly embraces...

Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...

A firm sells a dangerous product to heterogeneous consumers. Higher consumer types suffer accidents more often but may enjoy higher gross benefits. The firm invests resources to reduce the frequency of accidents. When the consumer's net benefit function (gross benefits minus expected harms) is...