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

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 …

contracting decreases the settlement rate and increases the volume and costs of litigation. These contingent contracts mimic the … services provided by third-party investors, including litigation funders and insurance companies. The two litigants (weakly … costs of litigation, and may increase the aggregate cost of risk bearing. In this sense, third-party involvement in …

We compare patent litigation cases across four European jurisdictions – Germany, France, the Netherlands, and the UK … information at the case, litigant, and patent level for patent cases filed at the major courts in the four jurisdictions. We find … considerable number of patents are litigated in multiple jurisdictions, but the majority of patents are subject to litigation only …

Litigation seems to be a Pareto-ineffcient outcome of pretrial bargaining; however, this paper shows that litigation … client concerning the characteristics of the lawsuit, the client can use litigation as a way of extracting information. I … show that, counterintuitively, litigation will occur only when the plaintiff is pessimistic about her prospects at trial …

This paper studies how litigation and settlement behavior is affected by agents motivated by spiteful preferences under … the American and the English fee-shifting rule. We conduct an experiment and find that litigation expenditures and … settlement requests are higher for more spiteful participants. The relative increase in litigation expenditures due to spite is …