This article translates and extends Becker (1968) from public law enforcement to private litigation by examining …

The aim of this study is to elucidate whether arbitration offers advantages compared to the patent litigation system … which is currently existing in Germany. To answer this question three essential characteristics of the current German patent … litigation system are presented, i.e. the economic importance of the German market and its impact on litigation, the remedy of …

We analyze the extent to which private defensive litigation insurance deters patent assertion by non …-practicing entities (NPEs). We study the effect that a patent-specific defensive insurance product, offered by a leading litigation … defensive litigation insurance on the behavior of patent enforcers and accused infringers. We show that the availability of …

Litigation finance refers to investments in litigation by a third person not originally a party to the suit. Whether … scholars. We disagree with the premise of this debate; litigation finance is not new at all. A review of legal history and our … modern legal system reveals that third-party litigation finance is widespread, not merely tolerated, and is foundational to …

liability in such cases of “intraportfolio litigation.” Although corporae managers are typically rewarded for maximizing firm … better tool for diversified shareholders to use in motivating and evaluating managers. Not all intraportfolio litigation can … informational value because the damages awards overstate the intraportfolio harm. Our theory thus provides lawmakers with a …

The purpose of this chapter is to survey the academic literature on the economics of litigation and to synthesize its … main themes. The chapter begins by introducing the basic economic framework for studying litigation and out … also addressed. Are the litigation decisions made by private parties in the interest of society as a whole? Next, the …

This chapter presents a strategic model of incentives for care and litigation under asymmetric information and self …

the court-appointed expert. Within a standard litigation game framework, we find a trade-off in utilizing the court …

The goal of this paper is to study how litigation and settlement behavior is affected by subjects motivated by spiteful … preferences -- a potentially common driver for litigation behavior. We focus on litigation and settlement behavior both under the … that participants exhibit higher litigation expenditures under the English fee-shifting rule and that there is no …