Download or read book The Calculation of Prejudgment Interest written by Michael S. Knoll and published by . This book was released on 2006 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Essay describes the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the claim plaintiff holds in litigation represents an involuntary loan from plaintiff to defendant and recognizing that in bankruptcy courts treat legal claims similarly to unsecured debt, we argue that prejudgment interest should be computed using the defendant's unsecured borrowing rate. Furthermore, we argue that courts should use a short-term, floating interest rate rather than a long-term rate in order to provide the proper incentive for the parties to settle. We criticize alternative bases for awarding prejudgment interest and address modifications to account for taxes, insurance, foreign currency conversion, asynchronous payments, and suits involving individual plaintiffs.
Download or read book Anchors Away An Appeal for Reference Rates When Calculating Prejudgment Interest written by Nisha Mody and published by . This book was released on 2018 with total page 6 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Entire Market Value rule, judges prohibit attorneys and damages experts from introducing large, irrelevant numbers into IP litigation, because such numbers can anchor juries toward affording plaintiffs relatively larger awards. We suggest a similar anchoring problem emerges where attorneys introduce antiquated statutory rates when arguing for pre-judgment interest. We suggest judges should make recourse to a set of publicly available reference rates, grounded in economic and financial reality, when affording parties pre-judgment interest.
Download or read book A Primer on Prejudgment Interest written by Michael S. Knoll and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If justice were immediate, there would never be an award of prejudgment interest. The injured party would immediately receive an enforceable judgment, with no loss from delay because of the time value of money. Because justice often takes many years to achieve, the laws of most U.S. jurisdictions provide that interest is added to the original judgment from the time of the injury to the date of judgment. Such interest, called prejudgment interest, plays an important role in expediting the resolution of disputes. In spite of the importance that prejudgment interest plays in the administration of justice, existing law provides trial court judges with nearly unfettered discretion in calculating prejudgment interest. That discretion has produced widely divergent results, seriously undercutting the law's goals of compensating the injured and deterring injurers. The paper describes how courts should go about calculating prejudgment interest. It suggests that prejudgment interest should be compounded and calculated at a floating rate that reflects the defendant's cost of unsecured borrowing.
Download or read book Litigation Services Handbook written by Roman L. Weil and published by John Wiley & Sons. This book was released on 2012-07-10 with total page 1022 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. "This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field."—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission.
Download or read book Prejudgment Interest in International Arbitration written by Jeffrey M. Colon and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tribunals in international arbitration are regularly asked by claimants to award prejudgment interest. Unless foreclosed by an agreement between the parties, there is widespread agreement prejudgment interest should put the claimant in the same position as it would have been had it not been injured by the respondent. However, there is little consensus how to calculate prejudgment interest in order to accomplish that purpose. In this Essay, we describe the proper method of calculating prejudgment interest based on sound financial principles. Using the paradigm that the respondent has forced the claimant to make an involuntary loan to the respondent, we argue that prejudgment interest should be computed using the respondent's borrowing rate. Furthermore, we argue that tribunals should use a series of short-term, floating interest rates rather than a single long-term rate at the commencement of the dispute in order to provide the parties with the proper incentive to settle their dispute. We also discuss how the calculations are different when the parties are individuals and closely held corporations as opposed to corporations and governments, and we address complications that arise when a tribunal calculates damages in one currency and makes a final award in another currency.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Civil Trials Bench Book written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book SEC Docket written by United States. Securities and Exchange Commission and published by . This book was released on 1995 with total page 988 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reference Manual on Scientific Evidence written by and published by . This book was released on 1994 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Calculating Construction Damages written by William Schwartzkopf and published by Wolters Kluwer. This book was released on 2000-01-01 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Calculating construction damages can be complex and confusing. Written by recognized experts in the area of construction claims, Aspen Publishersand’ Calculating Construction Damages is a one-of-a-kind resource providing step-by-step guidelines for valuing a claim and calculating damages. Calculating Construction Damages keeps you completely up-to-date with the changes in the construction industry, and provides new and updated coverage on: Reductions in scope through deductive changes The meaning and explanation of acceleration The use of the actual cost method and the total cost method to calculate damages The effectiveness of expanding on productivity analysis. The definition of home office overhead costs and the use of the Eichleay formula. The most recent assessment of attorneysand’ fees on Miller Act claims Only Aspen Publishersand’ Calculating Construction Damages leads you through every step you need to take in order to reach an accurate assessment of construction damages. Complete coverage includes: General Principles of Damage Calculation Labor Costs Equipment and Small Tool Costs; Additional Equipment Costs Material Costs Bond and Insurance Costs Home Office Overhead Calculating Construction Damages is organized by type of damage rather than type of claim. Its clear, mathematical techniques will enable you to value any claim and accurately calculate damages.
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Intellectual Property Law written by Terence P. Ross and published by Law Journal Press. This book was released on 2000 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses two crucial concerns of intellectual property owners--how to recover monetary compensation when an infringement has occurred and how to prevent further infringement.
Download or read book Section 1983 Litigation written by Schwartz and published by Wolters Kluwer. This book was released on 1997-01-01 with total page 6176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.
Download or read book Remedies written by Richard L. Hasen and published by Aspen Publishing. This book was released on 2024 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Students may have many reasons to take a course in Remedies. In places such as California, for example, Remedies is heavily tested on the bar exam, and many students feel obligated to take a "bar course." Even in states that do not test Remedies independently on the bar, it is a good bar preparation course because much material from the first year of law school-particularly from Constitutional Law, Contracts, Property, and Torts-gets covered, albeit from a different angle. Other students may take Remedies because they like the instructor teaching it, or because it fits into their schedule. I have run into very few students (though there are some) who take Remedies out of an intrinsic interest in the subject"--
Download or read book Intellectual Property written by Russell L. Parr and published by John Wiley & Sons. This book was released on 2005-04-29 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to simplify the process of attaching a dollar amount to intangible assets, be it for licensing, mergers and acquisitions, loan collateral, or investment purposes. It provides practical tools for evaluating the investment aspects of licensing and joint venture decisions, and discusses the legal, tax, and accounting practices and procedures related to such arrangements; examines the business economics of strategies involving intellectual property licensing and joint ventures; and provides analytical models that can be used to determine reasonable royalty rates for licensing and for determining fair equity splits in joint venture arrangements.
Download or read book Practitioner s Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
