In many patent infringement cases, the only practical way that the plaintiff can obtain relief is on a theory of secondary liability, which is generally referred to as indirect infringement. The remedy in patent cases frequently includes damages for past infringement. Because jury verdicts in...

The developments of company law in countries belonging to five legal families illustrate the principle-agent conflicts that company law faces and the range of solutions it offers to cope with them. Comparative company law is about learning from each other's experience in a competitive way, and...

This article provides a functional overview on different forms of director liability from a law & economics perspective. It introduces key concepts of the economic analysis of tort law and applies them to sharpen the perspective on the doctrinal concept of “internal liability”...

This article discusses the German Federal Supreme Court decision in Bundesgerichtshof (Google Autocomplete) (VI ZR 269/12) on whether Google was responsible for the publication of results generated by the "autocomplete" function of its search engine that made defamatory suggestions about the...

The issues of directors' liability have been at the center of the German discourse in corporate law for some time – both politically and academically. There have been efforts at legislative reform, some very significant court rulings and a torrent of legal writing. This paper presents an...

With the case of Lliuya v. RWE, climate change litigation has come to Germany. The article explores the German law of torts or delict, asking whether it has something to offer to victims of climate change. The essential elements of negligence liability, i.e. scope of protection, duty of care,...

The role of outside directors is one of the key features in the transatlantic corporate governance debate. As their importance rises, their liability is also attracting attention. Since there are only a few cases internationally in which outside directors of listed companies have been held...

Credit rating agencies (CRAs) are not subject to broad, negligence-based liability vis-à-vis third parties such as investors. As a consequence, incentives to take an optimistic, rather than a pessimistic-conservative approach in rating firms or financial products are strong. The EU-Commission...