What are the costs of litigation? David M. Trubek the author of The Costs of Ordinary Litigation breaks down litigation into "events" to answer this question. Through a study that randomly sampled civil cases from federal district and state courts, data has been complied and broken down into categories or stated differently into "events of litigation." [1] The study's data focuses on an attorne...

Electronically Stored Information (ESI) first became a serious litigation issue in the late 1990s, and the first attempts to determine best practices did not occur until the early 2000s. As best practices developed, the litigation hold to prevent routine destruction of documents and to preserve documents relevant to litigation came into existence. The duty to preserve ESI is triggered when liti...

Timeliness of share price discovery is the speed at which value-relevant, private information is released and reflected in a firm‟s share price. As shareholder litigation is a common occurrence in the United States, it could affect the speed at which price discovery occurs. Managers can be personally named in securities class action litigation, and the choice to disclose information to the mark...

OBJECTIVES To investigate the impact of litigation on consultants and senior registrars and to establish their views on methods of reducing adverse events and litigation. DESIGN Postal survey. SETTING Acute hospitals in the North Thames (West) Regional Health Authority. SUBJECTS 1011 consultants and senior registrars in acute hospitals. MAIN MEASURES Perceived causes and effects of adve...

Since its inception, litigation finance has steadily grown in prevalence and popularity in the United States. While many scholars have examined its merits, few have considered litigation finance specifically in the context of copyright law. This is most unfortunate, for there, a vicious cycle has taken hold: high litigation costs discourage many market participants from taking cases to trial or...

Purpose – The purpose of this study is to examine whether client-specific litigation risk affects the audit quality differentiation between Big N and non-Big N auditors. Specifically, we examine whether higher quality audits of Big N auditors relative to nonBig auditors is more pronounced for clients with high litigation risk than for clients with low litigation risk. Design/methodology/approac...

This Article discusses the current posture of “take-home” asbestos litigation and distinguishes the lack of merit of such cases from previous “take-home” asbestos cases. It further identifies sources other than asbestos that commonly cause mesothelioma that lead to “take-home” litigation. Moreover, this Article articulates the issues with the any exposure causation theory typically used by expe...

The recent sensationalizing of litigation in the smart phone industry has fostered several concerns, in particular those relating directly to the so-called standard essential patents (SEPs). It has been argued that the smart phone industry has seen a dramatic rise in litigation, driven by SEPs whose owners can cause potential “patent hold-up” of downstream manufacturing firms implementing the s...

All substantive areas of law, with no exception, have a common concern for the processes by which legal disputes get resolved. Naturally, the success of any particular litigation strategy in a legal dispute depends on several factors, such as procedural costs, the judges’ accuracy and, most importantly, the litigation strategy followed by the counterpart. Previous work within the legal scholars...