Damages

About: Damages is a research topic. Over the lifetime, 9365 publications have been published within this topic receiving 89750 citations. The topic is also known as: compensation award.

Method and system for selling and buying insurance for damages caused by the internet-related activities

Abstract: The Internet-related activities have caused some significant damage to a computer system. One type of the damage is generally related to the destruction or mutilation of computer files that contain a program, data or other information. One cause is computer virus programs that undesirably cause the above described damage. To insure such damage, the on-line insurance transactional system and method according to the current invention have been described.

Forensic Economics in Competition Law Enforcement

Abstract: This paper delineates the specialty field of forensic IO as the application of theoretical and empirical industrial organization economics in the legal process of competition law enforcement. Four stages of that process which can benefit from forensic IO techniques are distinguished: detection and investigation; case development; decision making and litigation; and remedies, sanctions and damages. We survey the use of economics in such aspects as identifying potential forms of anticompetitive behaviour, screening markets for competition law violations, determining causality, advising on appropriate remedies and assessing antitrust damages. The paper discusses the role of expert economic witnesses in competition cases. It calls for an organization of forensic IO within the context of existing forensic institutes.

Liability Risk for Outside Directors: a Cross‐Border Analysis

Abstract: Much has been said recently about the risky legal environment in which outside directors of public companies operate, especially in the USA, but increasingly elsewhere as well. Our research on outside director liability suggests, however, that directors’ fears are largely unjustified. We examine the law and lawsuit outcomes in four common law countries (Australia, Canada, Britain, and the USA) and three civil law countries (France, Germany, and Japan). The legal terrain and the risk of ‘nominal liability’(a court finds liability or the defendants agree to a settlement) differ greatly depending on the jurisdiction. But nominal liability rarely turns into ‘out-of-pocket liability,’ in which the directors pay personally damages or legal fees. Instead, damages and legal fees are paid by the company, directors’ and officers’(D&O) insurance, or both. The bottom line: outside directors of public companies face a very low risk of out-of-pocket liability. We sketch the political and market forces that produce functional convergence in outcomes across countries, despite large differences in law, and suggest reasons to think that this outcome might reflect sensible policy.

Competitive analysis using a flexible demand specification

Abstract: Econometric methods can be helpful when one is trying to understand the nature of competition between products in differentiated products industries, an issue that arises in many competition policy contexts. However, misspecification of the consumer demand system can result in biased econometric results and misleading conclusions. We discuss some considerations that go into choosing a demand system specification and suggest that a ‘flexible functional form’ be used. This approach avoids placing restrictions on the demand elasticities. We identify and discuss other issues that arise in the estimation of demand systems. We conclude with an empirical example concerning the calculation of lost profits damages in a patent infringement case. This example demonstrates how using a flexible functional form leads to a substantially more reliable damages calculation than using the particular restrictive functional form that is commonly used to calculate lost profits damages in patent litigation.