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Choi, Jay Pil; Gerlach, Heiko A. - 2013

This paper analyzes patent pools and their effects on innovation incentives. It is shown that the pro-competitive effects of patent pools for complementary patents naturally extend for dynamic innovation incentives. However, this simple conclusion may not hold if we entertain the possibility...

Persistent link: https://www.econbiz.de/10010199442

Whose Claim Is This Anyway? Third Party Litigation Funding

Steinitz, Maya - 2011

Persistent link: https://www.econbiz.de/10013133685

Fee Shifting in Litigation : Survey and Assessment

Katz, Avery W. - 2010

Should the party who loses in litigation be forced to pay the legal fees of the winner? This paper surveys the economic literature regarding the effects of legal fee shifting on a variety of decisions arising before and during the litigation process. Section 2 provides a brief survey of the...

Persistent link: https://www.econbiz.de/10013135735

Third Party Litigation Funding in Europe

Veljanovski, Cento - 2012

Based on interviews of all UK based third party litigation funders the paper provides new empirical evidence on the nature, extent and type of third party funding of litigation. It also examines the emergence of new group or class action third party funders in Europe focused primarily on...

Persistent link: https://www.econbiz.de/10013113308

The Economics of Third-Party Financed Litigation

Hylton, Keith N. - 2011

This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider...

Persistent link: https://www.econbiz.de/10013117592

Litigation Risk and IPO Underpricing

Lowry, Michelle - 2011

We examine the relation between litigation risk and IPO underpricing and test two aspects of the litigation-risk hypothesis: (1) firms with higher litigation risk underprice their IPOs by a greater amount as a form of insurance (insurance effect) and (2) higher underpricing lowers expected...

Persistent link: https://www.econbiz.de/10013119138

Class Action

Bone, Robert G. - 2011

This essay on the class action will be a chapter in the Procedural Law and Economics volume forthcoming from Edward Elgar. It reviews the law-and-economics literature on the class action, current as of 2008 (when I wrote the chapter). It discusses the benefits of large claim and small claim...

Persistent link: https://www.econbiz.de/10013125038

The Puzzling Idea of Adjudicative Representation : Lessons for Aggregate Litigation and Class Actions

Bone, Robert G. - 2011

preclusion doctrine that extends well beyond current limits. Representation does have a special role to play when process … trouble fitting in. The result is a serious mismatch between justification and doctrine: outcome-based justifications go too … the fit between doctrine and justification, all of which in one way or another defend some version of “class action …

Persistent link: https://www.econbiz.de/10013125040

Foreign Punitive Damages Decisions and Class Actions in Italy

Quarta, Francesco - 2012

This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...

Persistent link: https://www.econbiz.de/10013098841

A Normative Evaluation of Actuarial Litigation

Bone, Robert G. - 2012

This Article addresses the normative issues raised by the use of statistical sampling to adjudicate large case aggregations. In its recent decision, Wal-Mart Stores, Inc. v. Dukes, the Supreme Court referred to sampling pejoratively as “Trial by Formula.” This Article argues that the...

Persistent link: https://www.econbiz.de/10013108713