This book first addresses substantive issues, beginning with the changing role of business torts in antitrust litigation and continuing with the extent to which antitrust concepts have been invoked in business tort litigation (focusing on the competitive privilege and the Noerr-Pennington defense). The next chapter surveys the field of unfair competition, followed by an examination of the business torts of commercial disparagement and defamation. Subsequent chapters address interference torts, the common law and statutory torts of fraud and negligent misrepresentation, the field of misappropriation of trade secrets, and recent developments in the area of punitive damages.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This, the first casebook in the United States devoted exclusively to trade secret law, is challenging yet user-friendly to students. In order to facilitate understanding of the material, the book is designed to be used by law and business students with no prior background in intellectual property law. Throughout, the authors have made conscious and thoughtful decisions about the way in which the information is presented and organized. The general organization follows a logical analytical approach to understanding trade secret law, with the chapters progressing from proving the essential elements of a trade secret claim to defensive tactics and remedies, managing trade secrets, and criminal actions. It also addresses employment, management, and international issues.
Business Torts: A Fifty State Guide, 2021 Edition provides the most recent statutory and case law developments on business torts laws for each of the fifty states and the District of Columbia. Practitioner-oriented, and written by leading state experts, each chapter summarizes the variants and developments particular to a specific state jurisdiction. You will find detailed coverage of each state's standards regarding: misappropriation of trade secrets; tortious interference with contracts; fraud and misrepresentation; trade libel and commercial disparagement; breach of fiduciary duty; officers and directors liability; conversion; unfair competition, fraudulent transfer; economic loss; and statutes of limitation. The 2021 Edition incorporates recent changes in the law of the various states, including: The Nebraska Supreme Court has recognized the tort of trade libel and commercial disparagement in a long-awaited landmark case. The Missouri legislator amended the Missouri's Merchandising Practices Act to require a consumer bringing a claim under that act to establish that they acted as a reasonable consumer would in light of all circumstances and that the business practice alleged to be unlawful would cause a reasonable person to enter into the transaction that resulted in damages. The Florida Ninth Judicial Circuit has reopened its "Business Court", a division of the Court which handles exclusively business matters. The Business Court was closed in 2017 due to budget constraints. The Hawaii Supreme Court held that a plaintiff may claim equitable tolling for fraudulent concealment. State Laws Included: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. Note: Online subscriptions are for three-month periods. Previous Edtion: Business Torts: A Fifty State Guide, 2020 Edition, ISBN 9781543806908
This book explores the distinction between private and public aspects in competition law and focuses on how the concept of competition is incorporated into the legal framework. Distinguishing between antitrust regulations and competition-related legal rules in private law, such as unfair competition and contract laws, the book also differentiates between the utilitarian and deontological principles that underpin competition regulation. This historical and philosophical approach is used to compare two influential jurisdictions: England and Spain. These legal systems have had a significant impact on the development of legal rules in Common law and Civilian (Latin American) countries, respectively. Through this lens, the book further analyses the concept of "competition" and its value in each legal tradition. This understanding, in turn, helps clarify the scope of competition regulation within antitrust and private law and how the two fields coexist. Additionally, the book examines the role of property law theory in the context of competition regulation. The book will be of interest to students and scholars in the field of competition law, tort law, and legal history.
