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Avoiding & Managing US Business Litigation Risks: A Comprehensive Guide for Business Owners and the Attorneys Who Advise Them


ISBN13: 9781783584062
New Edition ISBN: 9781837230464
Published: March 2022
Publisher: Globe Law and Business
Country of Publication: UK
Format: A4 Paperback
Price: £60.00



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Why are companies so frequently sued in the United States, and how might these business litigation liabilities be avoided through preventative measures and more effectively managed? This book answers those two weighty questions. The central premise of the work is that many costly and protracted lawsuits in the US are traceable to unforced errors companies make time and again. By better understanding the sources of commercial litigation, preventive steps can be implemented, reducing these risks. The author draws on two decades of experience defending companies throughout the US in almost every conceivable type of commercial litigation. He applies a “lessons-learned” approach from these experiences, to examine how corporate defendants can avoid claims by developing and enhancing their litigation risk profile.

The book is written for a diverse audience. The primary intended audience is attorneys who may find it useful as desk-reference for quickly accessing relevant information and issue-spotting for their clients. But the book will also interest any person - lawyer or non-lawyer - whose responsibilities include managing US litigation risks. These persons include those in venture capital, CFOs and other members of management, risk management and compliance professionals, and entrepreneurs seeking to implement best practices as they launch a start-up. Whether as an initial overview of the subject matter or a useful desk-reference, Avoiding and Managing US Business Litigation Risks is an invaluable resource for individuals tasked with addressing this challenging topic.

Subjects:
Other Jurisdictions , USA
Contents:
PART ONE: UNDERSTANDING WHY COMPANIES ARE ENSNARED IN COSTLY LITIGATION
Chapter 1: The Five Cs of Business Litigation Risks
PART TWO: CORPORATE GOVERNANCE LITIGATION RISKS – CLAIMS FROM SHAREHOLDERS AND OTHER CONSTITUENTS OF THE BUSINESS
Chapter 2: Basics of Corporate Governance Litigation
Chapter 3: Ten Sources of Corporate Governance Lawsuits
PART THREE: LITIGATION RISKS FROM COMMERCIAL CONTRACT DISPUTES
Chapter 4: Core Issues in Breach of Contract Litigation
Chapter 5: Strategies for Managing Litigation Risks Arising from Commercial Contracts
Chapter 6: Lawsuits Arising from Negotiations and Implied Obligations
PART FOUR: CUSTOMER CLAIMS INCLUDING CONSUMER PROTECTION CLASS ACTIONS, PRODUCT LIABILITY, AND BREACH OF WARRANTY CLAIMS
Chapter 7: Customers Presenting Consumer Protection and Class Action Risks
Chapter 8: A Framework for Identifying Consumer Class Action Risks
Chapter 9: Three Additional Litigation Risks Specific to Product Sales and Distribution
Chapter 10: Strategies for Mitigating Specific Customer Litigation Risks
Chapter 11: Claims Relating to Data Privacy and Cybersecurity
PART FIVE: COMPETITOR LAWSUITS INCLUDING MISAPPROPRIATION, INTERFERENCE, INTELLECTUAL PROPERTY, AND ANTITRUST CLAIMS
Chapter 12: Litigation Risks Relating to Competitors
PART SIX: CREWMEMBER LITIGATION – CLAIMS BROUGHT BY, BECAUSE OF, OR AGAINST EMPLOYEES
Chapter 13: Crewmember Claims and other Liabilities Relating to Employees
PART SEVEN: LITIGATION MANAGEMENT AFTER A LAWSUIT IS FILED
Chapter 14: The Essentials of Commercial Litigation Management
Chapter 15: Foundational Litigation Management Decisions