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Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
"A completely rewritten, up-to-the-minute edition of the only text devoted to this difficult topic. Frequently cited by the courts as authority, this widely owned treatise provides an incisive, well-organized analysis of every significant lost profits damages case in the federal and 50-state jurisdictions, plus invaluable practice guidance that explains how to calculate, present, and prove lost profits damages. cites, organizes, and skillfully analyzes every significant lost profits case -- on every lost profits issue -- in both contract and tort actions provides up-to-date coverage of the 2003 revision to Article Two (Sales) of the Uniform Commercial Code, as well as the specific guidelines limiting recovery of economic damages in tort cases set down by the RESTATEMENT, TORTS (THIRD): PRODUCTS LIABILITY explains and illustrates both theoretical and practical approaches to calculating the true extent of damages serves as a complete guide on how to prove -- and how NOT to prove -- lost profits damages, with detailed new coverage of such subjects as qualification of lost profits experts, the foundation for testimony on lost profits, the form of the lost profits expert opinion, and presentation of evidence up-to-the-minute discussions and analysis of the foreseeability rule, the economic loss rule, how to discount future damages, and the admissibility of economic damages expert testimony under Daubert principles new outlines for direct and cross-examination of damages expert witnesses."--Publisher's website.
Developing countries lose billions each year through bribery, misappropriation of funds, and other corrupt practices. Much of the proceeds of this corruption find 'safe haven' in the world's financial centers. These criminal flows are a drain on social services and economic development programs, contributing to the impoverishment of the world's poorest countries. Many developing countries have already sought to recover stolen assets. A number of successful high-profile cases with creative international cooperation has demonstrated that asset recovery is possible. However, it is highly complex, involving coordination and collaboration with domestic agencies and ministries in multiple jurisdictions, as well as the capacity to trace and secure assets and pursue various legal options—whether criminal confiscation, non-conviction based confiscation, civil actions, or other alternatives. This process can be overwhelming for even the most experienced practitioners. It is exceptionally difficult for those working in the context of failed states, widespread corruption, or limited resources. With this in mind, the Stolen Asset Recovery (StAR) Initiative has developed and updated this Asset Recovery Handbook: A Guide for Practitioners to assist those grappling with the strategic, organizational, investigative, and legal challenges of recovering stolen assets. A practitioner-led project, the Handbook provides common approaches to recovering stolen assets located in foreign jurisdictions, identifies the challenges that practitioners are likely to encounter, and introduces good practices. It includes examples of tools that can be used by practitioners, such as sample intelligence reports, applications for court orders, and mutual legal assistance requests. StAR—the Stolen Asset Recovery Initiative—is a partnership between the World Bank Group and the United Nations Office on Drugs and Crime that supports international efforts to end safe havens for corrupt funds. StAR works with developing countries and financial centers to prevent the laundering of the proceeds of corruption and to facilitate more systematic and timely return of stolen assets.
This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.