In tort law, the doctrine of contributory negligence captures conduct by the plaintiff which falls below the standard to which he should conform for his own protection. Whether one has been contributorily negligent is determined by an objective standard of reasonableness under the circumstances....

There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires...

Antitrust law provides treble damages for victims of antitrust violations, but the vast majority of private cases settle. The average or median size of these settlements relative to the overcharges involved has, until now, been only the subject of anecdotes or speculation. To ascertain what we...

It is over 30 years since the seminal decision of the House of Lords in Tesco Supermarkets Ltd v. Nattrass articulated the identification doctrine as the basis for corporate criminal liability in many common law countries. During that time, Tesco has been consistently criticised as ill-suited to...

State law seems to be ratcheting up the scrutiny of corporate behavior including the behavior of officers and executives. In this article we consider the issues that are likely to arise as officer conduct is scrutinized more closely using state corporate fiduciary principles. The challenge is...

It has been suggested that section 2-713 of the Uniform Commercial Code [hereinafter referred to as UCC; further section references are to UCC sections unless otherwise specified] should not have been enacted and should be repealed. Although this centerpiece in the setting of buyers' remedies has...

The chapter examines the liability associated with roles automated played by electronic transactional platforms. Commercial activities in Nigeria are fast evolving. these developments have transcended into the realm of clicks and buttons from the brick and mortar media hitherto utilised....

In this manuscript, I criticize the Federal Circuit's current standard for evaluating the individual liability of corporate officers for the patent infringement of their corporations as being based incorrectly upon a piercing of the corporate veil (a doctrine applicable only to corporate...

The future of corporate criminal liability in the U.S. and around the world may be for failure to adequately act on environmental, social, and governance (ESG) issues. In Europe and elsewhere, courts have found a fundamental right or the equivalent to protection from climate change. That right...