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Geis, George S. - 2019

In recent years, shareholders have started to launch information lawsuits with new vigor. These demands — which often yield valuable corporate data without an explicit contractual right or public disclosure obligation — are typically brought in connection with a shareholder grievance about...

Persistent link: https://www.econbiz.de/10012864541

Shareholder Litigation Under Indeterminate Corporate Law

Kamar, Ehud - 2005

liability insurance and indemnification. Under the auspices of state corporate law, virtually all public corporations use … internal and external insurance to protect their boards and management from liability for breach of fiduciary duties. The … concept of liability insurance and indemnification in relation to shareholder fiduciary claims seems on its face futile …

Persistent link: https://www.econbiz.de/10014082040

Pseudonymous Litigation

Strahilevitz, Lior - 2010

We presently lack a good theory for when we should permit parties to litigate using a pseudonym, and American and European legal systems differ sharply on the question. This essay attempts to leverage one of the developments associated with the information age to make progress towards a...

Persistent link: https://www.econbiz.de/10013138194

Incentives for Care, Litigation, and Tort Reform under Self-Serving Bias

Landeo, Claudia M. - 2012

This chapter presents a strategic model of incentives for care and litigation under asymmetric information and self-serving bias, and studies the effects of damage caps. Our main findings are as follows. First, our results suggest that the defendant's bias decreases his expenditures on accident...

Persistent link: https://www.econbiz.de/10013099050

Remedies in Animal-Related Litigation

Schaffner, Joan E. - 2013

This chapter discusses the challenges of determining appropriate remedies in cases involving animals with a focus on companion animals. Damages fall into one of two categories: substitutionary relief, which is based on the value of loss of the animal, and specific relief, which “seeks to...

Persistent link: https://www.econbiz.de/10013083780

Why Patentees Litigate

Andrews, Damon C. - 2013

Several aspects of patent litigation call into question patent holders' motivation for enforcing their exclusionary rights. Indeed, the expense alone can be enough to deter a firm from engaging in litigation, especially if it is likely that the parties will be unable to reach a settlement...

Persistent link: https://www.econbiz.de/10013085433

Credit-Monitoring Damages in Cybersecurity Tort Litigation

Johnson, Vincent R. - 2014

This article argues that the costs of credit monitoring should be recoverable in cybersecurity tort litigation. If a data subject's personal information has been seriously exposed to improper access by a data possessor's negligence, expenses incurred to detect the opening of unauthorized...

Persistent link: https://www.econbiz.de/10013065445

Takeover Litigation in 2015

Cain, Matthew D. - 2016

This report provides preliminary statistics for takeover litigation in 2015. Takeover litigation was substantially disrupted in 2015 by the Delaware courts' willingness to challenge "disclosure only" settlements. For the full year, lawsuits were brought in 87.7% of completed takeovers versus...

Persistent link: https://www.econbiz.de/10013001421

Adversarial Bias and Court-Appointed Experts in Litigation

Kim, Chulyoung - 2018

We provide a simple framework in which the level of adversarial bias is endogenously determined in a litigation process. Using this model, we study the effect of using a court-appointed expert on the level of adversarial bias and the average error rates, and find an interesting trade-off:...

Persistent link: https://www.econbiz.de/10012912049

A Taxonomy of Obesity Litigation

Frank, Theodore H. - 2009

Many lawsuits characterized as anti-obesity litigation have little to do with and little or no effect on public policy on obesity. This paper classifies the different types of obesity lawsuits that have been filed to date, with particular attention to Pelman v. McDonald's, and argues that these...

Persistent link: https://www.econbiz.de/10012767261

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