Commercial law Books

Book SynopsisThis book is a user manual for understanding and deployment of open source software licensing in business. Written for lawyers and businesspeople alike, it explains and analyzes open source licensing issues, and gives practical suggestions on how to deal with open source licensing in a business context. Including useful forms, information, and both technical and licensing background, this book will help you avoid legal pitfalls and edcuate your organization about the risks of open source.Trade Review"In her book, Heather Meeker does a good job describing the "border dispute" of the Copyleft provision in the GPL" (ccsblog, March 16th, 2009) "So I would say, this is the book to read, for a good account of the legal aspects surrounding open source." (dw2-o.com, 7/6/08)Table of ContentsPreface ix Part one Leveraging opportunities 1 Chapter 1 Introduction: How UNIX Gave Birth to Linux, and a New Software Paradigm 3 In the Beginning Was the Word, and the Word Was UNIX 3 Along Comes Linux 6 Now, What is Open Source? 7 And This is Just the Beginning 9 Chapter 2 Free Software and Open Source 11 Viruses and Freedoms 11 Philosophy of Free Software 13 Open Source Initiative 18 Mozilla Foundation 18 Linus Torvalds 19 Definitions: Free Software and Open Source 21 What’s in a Name? The Viral and the Nonviral 22 Open Source Development Model 25 Chapter 3 Common Open Source Licenses and Their Structure 27 Direct Licensing 29 GPL 29 GPL + Exception (or Special Exception) 39 GPL + FLOSS Exception 40 LGPL 40 Corporate Hereditary Software Licenses 41 Other Hereditary Software Licenses 43 Permissive Licenses 43 Apache 1.0 46 Apache 1.1 46 Apache 2.0 46 Artistic License 46 Miscellaneous Licenses 47 Non-Software Licenses 49 Chapter 4 Due Diligence, License Proliferation, and Compatibility 53 What is the Problem with Combining Software? 53 What is Due Diligence? 54 License Conditions and Diligence Problems 57 License Compatibility 59 Choices in an Incompatible World 62 An Embarrassment of Riches? 66 Reusability 69 Chapter 5 Audits and Compliance Initiatives 71 Provenance and Objective Checking 72 Applying Policy and Legal Review 74 Some Nuts and Bolts 76 Chapter 6 Notice Requirements 83 Chapter 7 Patents and Open Source 89 Patent Debate 89 Patent Portfolio Management 98 Chapter 8 Trademarks and Open Source 109 Trademark Law and Open Source Licensing 109 Trademarks in the Open Source World 111 AT&T UNIX Battle 112 Chapter 9 Open Source and Open Standards 115 Chapter 10 Developing a Corporate Open Source Policy 119 Appendix 10A Open Source Corporate Policy 123 Chapter 11 Open Source Code Releases 135 Choosing a License 136 Effect on Patent Portfolio 139 Effect on Trademarks 140 Open Source Business Models 142 Dual Licensing 143 “Ur-Licensor” and Open Source Decision Models 146 Contribution Agreements 146 Reissuing Code 150 Corporate Organization 150 Appendix 11A Open Source Trademark Policy 153 Part two Understanding risks 159 Chapter 12 Technical Background: Operating System Kernels, User Space, and Elements of Programming 161 What is the difference Between an Application and an Operating System? 163 What is an Operating System Kernel? 164 What is an Application? 165 Dynamic and Static Linking, and Inline Code 166 Header Files 169 Monoliths and Loadable Kernel Modules 170 Chapter 13 Enforcement of Open Source Licenses 171 Past Enforcement 171 Enforcement Obstacles 176 Lack of Track Record: GPL Has Never Been Tested in Court 176 Waiver/Estoppel: Occasional and Selective Enforcement of GPL Means it is Unenforceable 177 Formation: GPL is Not Validly Accepted by Licensees 177 GPL Constitutes Copyright Misuse 178 Joint Work Arguments 179 Standing and Joinder Arguments 180 Chapter 14 The Border Dispute of GPL2 183 Defining the Border Dispute 183 What the GPL Says 184 Rules of Contract Construction 186 Applying the Four Corners Rule to GPL2 188 Applying the Rules of Contract Construction of GPL2 190 Trade Usage and Other Extrinsic Evidence 191 Derivative Works Question 192 The Facts 195 Legal Rules 196 Analyzing the Case of Two Works 200 Is the Result One or Two Works? 205 Policy Arguments 206 Non-U.S. Law Interpretations 207 Approach of Legal Realism 208 Outside the Four Corners 209 Loadable Kernel Modules 212 The Hardest Cases 216 LGPL Compliance 217 Chapter 15 License or Contract? 223 Contract Formation 223 Arguments Supporting Formation 225 Implications of Absence of Contract Formation 226 Incentives for Formation Arguments 229 Chapter 16 Defining Distribution 233 Chapter 17 Open Source in Mergers and Acquisitions and Other Transactions 237 Open Source in Licensing and Commercial Transactions 241 Development Agreements 242 Chapter 18 GPL Version 3.0 245 What is the Effect of the Release of GPL3? 245 Adoption of GPL3 247 Politics and Context 248 “Derivative Works” Problem 251 “Propagation” and “Conveying” 252 Patents 252 Digital Millennium Copyright Act Provisions 255 “Java Problem” 257 Disabling and Obfuscation 257 ASP Problem 258 License Compatibility 259 Chapter 19 LGPL Version 3.0 261 New Approach for LGPL 261 Adoption of LGPL3 261 Politics and Context 262 Definitions 262 Compliance 262 Drawbacks 264 Appendix A Open Source Development Agreement 265 Glossary 277 Index 283

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Book SynopsisA simple, practical guide to help not-for-profit organizations lobby local, state, and federal legislative bodies Only a fraction of not-for-profit organizations take advantage of the legislative process in representing their members and their organization''s goals. Yet lobbying is an important way to gain visibility, attract members, and find new sources of funding. This book is designed to help the modern not-for-profit develop and implement an effective lobbying program without jeopardizing its tax-exempt status. Dr. Pidgeon and the contributers he has assembled provide in-depth analysis of all the major issues of the lobbying process, including: * The basics of lobbying * The structure of local, state, and federal government * Using the mass media to spread the message * Political action committees (PACs) * Marketing and communication strategies * Strategic partnerships * The legal aspects of government affairsTrade Review"Pidgeon writes that the goal for the book is to provide a guide for nonprofit leaders on launching or refining a government affairs program. By any reasonable measure, the book is wildly successful. No one charting a course through the legislative wilderness should be without Pidgeon's well-crafted map." (Philanthropy Magazine, 10/01)Table of ContentsPreface. Foreword. THE LEGISLATIVE/GOVERNMENT AFFAIRS PROCESS AND THE NOT-FOR-PROFIT (W. Pidgeon). The Significant Role That the Legislative Process Can Play in Fulfilling the Mission of a Not-for-Profit (D. Kushner). Introduction to the Legislative Process (W. Horn). SUCCESSFUL METHODS USED BY NOT-FOR-PROFITS (W. Pidgeon). Achieving Impact through Political Involvement (J. Kalavitinos). Adding Light to the Heat: Using the Mass Media to Support Your Issues (R. Story). Developing Partnerships for Greater Success (R. Goodwin). The Use of Outside Legislative Consultants: When and How to Hire a Lobbyist. (J. Chwat). THE LEGAL ASPECTS OF GOVERNMENT AFFAIRS AND LOBBYING (W. Pidgeon). The Legal Aspects of Government Affairs and Lobbying. (B. Hopkins). DEVELOPING A STRATEGIC PLAN FOR A NOT-FOR-PROFIT (W. Pidgeon). A Strategic Plan for Success (W. Pidgeon). Ten Fundamental Keys to a Successful Government Affairs Program. Reference Guide to Organizational Support. The Accompanying CD-ROM and How to Use It. End Notes. Index.

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Book SynopsisThis inaugural volume of the Wiley Restaurant Basics Series is the first professional-level book on the legal challenges faced by restaurant managers.Table of ContentsPreface. Acknowledgments. Restaurant Managers and the Law. Restaurant Contracts. Restaurant Operating Structures. Legal Responsibilities of Managers. Managing Within Regulatory and Administrative Requirements. Managing Insurance. Legal Issues in Selecting Employees. Legal Aspects of Employee Management. Duties and Obligations of Restaurant Managers. A Manager's Legal Responsibilities to Customers. Legal Concerns in Serving Food and Beverages. Legal Aspects of Safety and Security Management. Appendix A: Sample Banquet Contract. Appendix B: Sample Meeting Space Contract. Appendix C: Sample Contract for Sale of Goods. Appendix D: Publications on Government Regulations. Appendix E: Sample Job Description. Appendix F: Guidelines for Appropriate Interview Questions. Appendix G: Sample Employee Consent Form for Drug Testing. Appendix H: Sample Consent Form Authorizing Background Check. Appendix I: Sample Form 1-9. Appendix J: Form 1-9 Qualifying Documents. Appendix K: Sample Demand Letter. Appendix L: Sample Incident Report Form. Appendix M: Sample Lost and Found Tracking Form. Appendix N: Sample Employee Privacy Policy. Appendix O: Sample Property Safety and Security Checklist. Appendix P: Sample Emergency Telephone List. Appendix Q: Sample Fire Emergency Plan. Appendix R: Manager's Responsibilities in a Crisis. Index.

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Book SynopsisExploring artistic authorship and intellectual property in the contemporary world. If you have tattoos, who owns the rights to the imagery inked on your body? What about the photos you just shared on Instagram? And what if you are an artist, responding to the surrounding landscape of preexisting cultural forms? Most people go about their days without thinking much about intellectual property, but it shapes all aspects of contemporary life. It is a constantly moving target, articulated through a web of laws that are different from country to country, sometimes contradictory, often contested. Some protections are necessarynot only to benefit creators and inventors but also to support activities that contribute to the culture at largeyet overly broad ownership rights stifle innovation. Is It Ours? takes a fresh look at issues of artistic expression and creative protection as they relate to contemporary law. Exploring intellectual property, particularly copyrights, Martha Buskirk draws connections between current challenges and early debates about how something intangible could be defined as property. She examines bonds between artist and artwork, including the ways that artists or their heirs retain control over time. The text engages with fundamental questions about the interplay between authorship and ownership and the degree to which all expressions and inventions develop in response to innovations by others. Most importantly, this book argues for the necessity of sustaining a vital cultural commons.Trade Review"Buskirk’s critical, nuanced take on copyright includes varied, important topics, such as a deep dive on the shortcomings of our fair-use exceptions to copyright; discussions on who benefits from copyright restrictions (author or publisher); how to consider moral or personhood rights of the author; and the challenges that fake or forged artwork poses to the art world. . . . Is It Ours? exposes the challenges of applying a uniform system to a diverse set of art through examples of cases that involve text, painting, sculpture, music, film, photography, digital images, etc." * ARLIS/NA Reviews *"The meticulously researched material makes this text a good reference for librarians, faculty, and graduate students desiring context for the constantly evolving copyright landscape and its impact on our culture." * College & Research Libraries *"Is It Ours? provides an impressive range of lawsuits and other conflicts within and beyond the contemporary art world emblematic of different problems that arise when copyright and other types of intellectual property function as a powerful economic engine." * Art Journal *Table of ContentsAcknowledgments Introduction: The Convenient Fiction of Authorship 1. From Privilege to IP 2. The Appropriation Game 3. Art, Life, and Infringement 4. Moral Rights and Beyond 5. Public Matters 6. Authorship and the Undead 7. Status Shifts 8. From Authentic to Fake Coda: Life in the Virtual Commons Notes List of Illustrations Index

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Book SynopsisThis text provides a clear and concise introduction to the legal framework surrounding international trade.Trade Review"A comprehensive introduction to the key areas of law that apply in international business." Book News "It is well suited for a textbook at the undergraduate level of perhaps business school." Journal of International Banking LawTable of ContentsList of Figures and Specimens. Foreword. Series Editor's Introduction. About The Institute of Export Examinations. Preface. Dedication. Part I: Principles of the Law of Contract: . 1. Elements of Contract. 2. Terms of a Contract. 3. Misrepresentation. 4. Mistake. 5. Remedies for Breach of Contract. 6. Discharge of Contract. 7. Arbitration. 8. Law Governing a Contract. Part II: Agency Law:. 9. Agency. 10. Exemption Clauses. Part III: Sale of Goods Act 1979:. 11. Sale of Goods. 12. Right of Disposal (Romalpa Clauses). 13. Seller's and Buyer's Remedies. 14. Introduction of CIF and FOB Sales. Part IV: Competition Law:. 15. Restrictive Trade Practices. 16. Free Movement of Goods in the European Community. Part V: Legal Aspects of the Finance of Exports: . 17. The Law Relating to Export Finance. 18. Letters of Credit. Part VI: Export Insurance:. 19. Marine Insurance. 20. General Average. 21. Institute Cargo Clauses. Part VII: Legal Aspects of Carriage by Sea, Air and Road:. 22. Carriage of Goods by Sea. 23. Carriage of Goods by Air. 24. Carriage of Goods by Road. Index.

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Book SynopsisSince it came into force on 31 January 1997 the Arbitration Act 1996 has generally been welcomed by users and practitioners in the construction industry. It has fulfilled expectations that it would provide a user-friendly and practical basis of resolving disputes arising from construction contracts in a fair, expeditious and economical way.Trade Review"The fact that this book, by a respected and highly experienced engineer and arbitrator and first published in 1982, has now reached its fifth edition is in itself a tribute to its quality. It is an excellent short guide to a complex subject, written in clear English..." CIArb Journal, November 2001Table of ContentsForeword. Preface to the Fifth Edition. 1. Introduction. 2. Arbitration Agreements. 3. Appointment of the Arbitrator. 4. Jurisdiction of the Arbitrator. 5. The Preliminaries. 6. Evidence. 7. The Hearing. 8. The Award. 9. Costs. 10. Powers of the Court in Relation to the Award. 11. Dispute Avoidance and Management. Appendices. A. Specimen Documents. B. The Arbitration Act 1996. C. The Arbitration Act 1950: Part II. D. The Scheme for Construction Contracts (England and Wales) Regulations 1998. E. The Unfair Terms in Consumer Contracts Regulations 1999. F. The Unfair Arbitration Agreements (Specified Amount) Order 1999. G. Interest Tables. Bibliography. Table of Cases. Index.

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Book SynopsisHow far should society go in permitting people to buy and sell goods and services? Radin addresses this controversial issue in an exploration of contested commodification. As a philosophical pragmatist, the author argues for an incomplete commodification, in which some contested things can be bought and sold, but only under regulated circumstances.Trade ReviewRadin's book is both complex in structure and highly nuanced in argument. Essentially it is a critique of existing theories of commodification that develops a distinctive approach to understanding commodification...Radin, like liberal political theorists, seeks a middle way between universalized commodification and universalized noncommodification, instead of a thesis of compartmentalized commodification she offers a thesis of 'incomplete commodification'...[An] insightful and rewarding book. -- Deryck Beyleveld * Journal of Law and Society *In this thought-provoking book Margaret Jane Radin asks us to consider whether there are some areas of social life which should be off-limits to the market, and whether some human interactions should be exempted from market-style forms of description and analysis. Although Radin is not the first theorist to address these issues, her eloquently written book contains some of the most sophisticated treatment they have received thus far. She convincingly makes the point that unless we transcend those models of human behaviour which characterize all human interactions as market exchanges, we may find ourselves unable to engage in the forms of valuing required for the maintenance and promotion of a humane society...The book represents a significant contribution to debate about the role of markets and market ideology in modern democratic polities. Future discussions of these issues will undoubtedly be influenced by Radin's work. -- A. J. Walsh * Philosophical Quarterly *Margaret Radin asks, why not put everything up for sale? Her answer is that doing so would impair human flourishing by compromising the social contexts needed for personhood. She offers a general approach to determining the ethical limits of markets and shows how it works in cases ranging from organ sales, prostitution, and commercial surrogate motherhood to the 'free marketplace of ideas,' compensation in torts, and public choice theories of democracy. Radin's contributions to this controversy are consistently illuminating and through provoking...For anyone interested in the ethical limitations of markets, this book is required reading. -- Elizabeth Anderson * Ethics *What does it say about us, and what does it do to us, when we talk about people as commodities to be traded in the market? Radin's profound, subtle, and disturbing book asks how the texture of our human world may be altered by ways of speaking and thinking, apparently innocuous and nicely scientific, that we import from market economics and use to characterize non-market behavior. A distinguished writer about property law, Radin avoids facile answers and stresses the complexity of the issue. Nonetheless, she leaves her reader with a warning: the models we use shape the people we may become. One day we may find to our grief (or, worse still, lack of grief) that our intellectual inventions have reinvented our world. -- Martha Nussbaum, University of ChicagoProfessor Radin has brought very considerable intellectual courage and perspicacity to bear on one of the most vexing and central issues in any liberal, market-based society--where should the market (and market rhetoric) end, and politics begin in the allocation of scarce resources? Law and economics scholars, who more or less assume the virtues of the private market, in most contexts, will be especially challenged by Radin's anlysis. Her book is also beautifully written and displays an elegance and lucidity that is absent in much modern legal scholarship. -- Michael J. Trebilcock, University of TorontoAt a time when belief in markets is ascendant throughout the world, Contested Commodities challenges--at the most fundamental level--the very idea of exchanging things for money. Margaret Jane Radin's arguments are subtle and nuanced, and her central claim about the potentially dehumanizing effects of exchange is powerful and important. No one in recent decades has made this case against the dominance of markets as well as Radin. -- David Strauss, University of Chicago

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Book SynopsisThese essays assess specific themes in legal historian Morton Horwitz’s work, from the antebellum era to the Warren Court, from jurisprudence to the influence of economics on judicial doctrine. The essays are, like Horwitz, provocative and original as they continue his transformation of American legal history.

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Book SynopsisTrade Review"The book is worth reading from cover to cover. It is thoughtful, well written, lucidly surveys some well-known material, and brings useful insights using some of the tools of industrial organisation economics."---Geoffrey Wood, Central Banking Journal"Competition and Stability in Banking can be said to represent the best of available knowledge. . . . An impressive work of one of the leading economists in the field. It is first of all a (rather: the) new textbook on a Master or PhD level. Yet, it should also be mandatory reading to all economists (and lawyers) working in official or government agencies related to either banking regulation and supervision or competition."---Urs Birchler, Journal of Economics and StatisticsTable of ContentsList of Figures and Tables xi Preface xiii Abbreviations xvii Chapter 1 Introduction 1 Chapter 2 Trends in Banking 7 2.1 The Expansion of the Financial Sector, Economic Growth, Financial Innovation, and Systemic Risk 10 2.1.1 Financial Sector Growth and Economic Growth 10 2.1.2 Financial Innovation and Systemic Risk 12 2.2 Business Models and the Challenge to Traditional Banking 18 2.2.1 Business Models and New Competitors 18 2.2.2 The Evolution of Competition 21 2.3 Consolidation and the Evolution of Concentration 27 Chapter 3 Fragility in Banking and the Role of Regulation 37 3.1 The Uniqueness of Banks and Fragility 37 3.1.1 The Roots of Fragility 38 3.1.2 Contagion and Systemic Risk 40 3.1.3 Social Cost of Failure 43 3.2 Shadow Banking and the 2007-2009 Crisis 44 3.3 Regulation and Financial Stability Facilities 47 3.3.1 Regulatory Aims and Tools 47 3.3.2 Prudential Regulation and the Safety Net 48 3.3.3 Bailout Distortions 50 3.3.4 Resolution 51 3.4 The 2007-2009 Crisis, Regulatory Failure, and Regulatory Reform 53 3.4.1 The 2007-2009 Crisis and Regulatory Failure 53 3.4.2 Macroprudential Regulation 56 3.4.3 Regulatory Reform 57 3.5 Regulation in Emerging/Developing Economies 64 Chapter 4 The Analysis of Competition in Banking: Theory and Empirics 70 4.1 Theoretical Models 72 4.1.1 Pricing 72 4.1.2 Product Differentiation 73 4.1.3 Frictions: Switching Costs and Asymmetric Information 74 4.1.4 Network Externalities and Two-Sided Markets 76 4.1.5 Market Structure, Entry, and New Competitors 79 4.1.6 Mergers 83 4.2 Empirical Studies 85 4.2.1 The SCP Paradigm 85 4.2.2 The New Empirical IO 88 4.2.3 The Impact of Deregulation 91 4.2.4 Asymmetric Information and Relationship Banking 93 4.2.5 Mergers 94 4.3 Behavioral Industrial Organization and Banking 97 4.3.1 Behavioral Biases and Their Impact on Consumer Behavior 98 4.3.2 Biases in Financial Markets 100 Chapter 5 Competition, Regulation, and Stability in Banking: Theory and Evidence 106 5.1 Competition and Stability: The Theory 106 5.1.1 Competition and Runs 106 5.1.2 Competition and Risk Taking 109 5.2 Competition and Stability: The Evidence 115 5.2.1 Competition and Systemic Risk 115 5.2.2 Liberalization, Risk Taking, and Systemic Risk 116 5.2.3 Concentration, Competition, and Stability 118 5.2.4 Consolidation, Diversification, Internationalization, and Stability 121 5.2.5 Lessons from the Subprime Financial Crisis 122 5.3 Interaction of Competition Policy and Regulation 124 5.3.1 The Competition-Stability Trade-Off and Regulation 124 5.3.2 The Competition-Stability Trade-Off in Emerging Economies 129 5.3.3 Coordination of Competition Policy and Prudential Regulation 130 5.4 Assessment of the Regulatory Reform Post 2007-2009 Crisis 134 Chapter 6 An Overview of Competition Policy Practice 141 6.1 The Concerns of the Competition Authorities in the EU and the UK 142 6.1.1 The EU 142 6.1.2 The UK 143 6.2 Market Definition 146 6.3 Mergers 149 6.3.1 The United States 150 6.3.2 The EU 151 6.4 Cartels and Restrictive Agreements 154 6.4.1 International Cartels 156 6.4.2 Credit Cards and Two-Sided Markets 159 6.5 State Aid in the EU 161 6.6 Consumer Protection and Behavioral Banking 163 6.6.1 The United States 166 6.6.2 The EU 168 6.7 Banking Competition Policy in Emerging Economies 170 6.7.1 Brazil 170 6.7.2 China 172 6.7.3 India 174 6.7.4 Mexico 175 6.7.5 Russian Federation 178 6.7.6 Southern Mediterranean Countries 180 Chapter 7 Competition Policy, Regulatory Architecture, and Public Intervention in the Crisis 183 7.1 Regulatory Architecture and the Competition Authority 183 7.1.1 The Design of the Financial Regulatory Architecture 183 7.1.2 The EU 190 7.1.3 The UK 195 7.2 Public Intervention, State Ownership, and Competition Distortions 199 7.2.1 Systemic Crisis, State Aid, and Competitive Distortions 199 7.2.2 State Ownership in Banking 201 7.2.3 Savings Banks 202 7.3 Competition Policy and State Aid in the EU 205 7.3.1 The 2007-2009 Crisis and Banking Resolution Tools 206 7.3.2 State Aid and Competition Distortions 209 7.3.3 Competition Policy, TBTF, and Moral Hazard 213 7.4 Merger Policy and the "Failing-Firm Defense" Doctrine 215 7.4.1 The United States 215 7.4.2 The UK 216 7.4.3 The "Failing-Firm Defense" in Banking 217 7.4.4 Spain 218 Chapter 8 Summary of Findings and Policy Implications 222 8.1 Summary of Findings 222 8.1.1 Evolution of Banking 223 8.1.2 The Role of Regulation and the Response to the 2007-2009 Crisis 224 8.1.3 The Nature of Competition in Banking 227 8.1.4 The Trade-Off between Competition and Stability 229 8.1.5 Competition Policy Practice in the Banking Sector 231 8.2 Policy Implications 233 8.2.1 Competition Policy Recommendations 233 8.2.2 Assessment of Regulatory Reform 235 8.2.3 Regulation and Competition Policy Must Be Coordinated 237 8.2.4 Regulatory Architecture 239 8.3 Challenges 241 Notes 245 References 283 Index 315

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Book SynopsisTrade Review"The book is worth reading from cover to cover. It is thoughtful, well written, lucidly surveys some well-known material, and brings useful insights using some of the tools of industrial organisation economics."---Geoffrey Wood, Central Banking Journal"Competition and Stability in Banking can be said to represent the best of available knowledge. . . . An impressive work of one of the leading economists in the field. It is first of all a (rather: the) new textbook on a Master or PhD level. Yet, it should also be mandatory reading to all economists (and lawyers) working in official or government agencies related to either banking regulation and supervision or competition."---Urs Birchler, Journal of Economics and Statistics

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Book SynopsisThis volume focuses on theory, control and policy issues in the area of corporate crime. A collection of classic and contemporary published articles that reflect a variety of methodological and conceptual approaches, Corporate Crime highlights the most influential thinking about law, crime causation and policy dilemmas - both within the U.S. and internationally.Table of ContentsContents: Series preface; Introduction; Part I Causes of Corporate Crime: Micro and Macro Factors: Micro: Predicting unethical behavior among market practitioners, Mary Zey-Ferrell, K. Mark Weaver and O.C. Ferrall; Rational choice, situated action, and the social control of organizations, Diane Vaughan; Toward a control theory of white-collar offending, James R. Laseley. Organizational: Organizational offending and neoclassical criminality: challenging the reach of a general theory of crime, Gary E. Reed and Peter Cleary Yeager; Notes on the criminogenic hypothesis: a case study of the American liquor industry, Norman K. Denzin; The changing of the guard: top management characteristics, organizational strain, and antitrust offending, Sally S. Simpson and Christopher S. Koper. Macro/Integrated: Global anomie, dysnomie, and economic crime: hidden consequences of neoliberalism and globalization in Russia and around the world, Nikos Passas; Toward an integrated theory of white-collar crime, James William Coleman; Reintegrative shaming and compliance with regulatory standards, Toni Makkai and John Braithwaite.Part II Responses to Corporate Crime: Public Perceptions of Corporate Responsibility: Distributing responsibility for wrongdoing inside corporate hierarchies: public judgments in 3 societies, Joseph Sanders and V. Lee Hamilton. Justice System Responses: Local prosecutors and corporate crime, Michael L. Benson, Francis T. Cullen and William J. Maakestad; Organizational sentencing, Molly E. Joseph; Cooperation, deterrence, and the ecology of regulatory enforcement John T. Scholz. Part III Policy Alternatives and Dilemmas: The sociology of corporate crime: an obituary: (or, whose knowledge claims have legs?), Laureen Snider; Professional advisers and white-collar illegality: towards explaining and excusing professional failure, Peter Grabosky; The social meaning of environmental command and control, Michael P. Vandenbergh; Transnational regulation of the pharmaceutical industry, John Braithwaite; Information as a policy instrument in protecting the environment: what have we learned?, Mark A. Cohen; Empirical evidence and the legal doctrine of corporate criminal liability, Gilbert Geis and Joseph F.C. Dimento; Name index.

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Book SynopsisThis timely Handbook marks a major shift in innovation studies, moving the focus of attention from the standard intellectual property regimes of copyright, patent, and trademark, to an exploration of trade secrecy and the laws governing know-how, tacit knowledge, and confidential relationships.Trade Review‘Rochelle Dreyfuss and Kathy Strandburg have assembled a star-studded cast of contributors for this new and welcome volume. Good academic works about trade secret law have been about as elusive as trade secrets themselves. This volume offers a wonderful contribution to the literature, and will certainly inspire much-needed further research in the area, both in the U.S. and elsewhere.’ -- Mark Janis, Indiana University, US‘Trade secret law is often seen as the “Cinderella” of intellectual property law, at least by scholars. But it is hugely important. This volume shows why. Trade secret law provides a window into so many areas of legal thought, and implicates a wide array of public policies. The editors have brought together a diverse set of challenging contributions, which highlight this breadth. Drawing on theory, history, and doctrine, collectively they comprise one of the most wide-ranging and provocative treatments of the field. The volume not only is essential reading for scholars tackling the role of trade secrets in our economy, but also offers important insights for anyone interested in intellectual property law more generally.’ -- Graeme B. Dinwoodie, University of Oxford, UKTable of ContentsContents: Introduction Rochelle C. Dreyfuss and Katherine J. Strandburg PART I: FOUNDATIONS 1. Trade Secrecy in Willy Wonka’s Chocolate Factory Jeanne C. Fromer 2. The Restatements, the Uniform Act and the Status of American Trade Secret Law Robert Denicola 3. Trade Secrecy, Innovation and the Requirement of Reasonable Secrecy Precautions Robert G. Bone 4. Trade Secrecy and Common Law Confidentiality: The Problem of Multiple Regimes Charles Tait Graves 5. The Surprising Virtues of Treating Trade Secrets as IP Rights Mark A. Lemley 6. Trade Secrets as Intellectual Property Rights: A Disgraceful Upgrading – Notes on an Italian ‘Reform’ Gustavo Ghidini and Valeria Falce 7. Trade Secret Law and Information Development Incentives Michael Risch PART II: SECRECY AND SHARING 8. How Trade Secrecy Law Generates a Natural Semicommons of Innovative Know-how Jerome H. Reichman 9. Open Innovation and the Private-collective Model for Innovation Incentives Eric von Hippel and Georg von Krogh 10. Open Secrets Michael J. Madison 11. Uncorking Trade Secrets: Sparking the Interaction between Trade Secrecy and Open Biotechnology Geertrui Van Overwalle PART III: IMPACT ON OTHER PUBLIC POLICY ARENAS 12. First Amendment Defenses in Trade Secrecy Cases Pamela Samuelson 13. Trade Secrets and the ‘Philosophy’ of Copyright: A Case of Culture Crash Diane Leenheer Zimmerman 14. Trade Secrets and Antitrust Law Harry First 15. The Troubling Consequences of Trade Secret Protection of Search Engine Rankings Frank Pasquale 16. The Impact of Trade Secrecy on Public Transparency David S. Levine 17. Trade Secrets and Information Access in Environmental Law Mary L. Lyndon 18. Data Secrecy in the Age of Regulatory Exclusivity Rebecca S. Eisenberg PART IV: INTERNATIONAL ISSUES 19. Trade Secrets and Traditional Knowledge: Strengthening International Protection of Indigenous Innovation Doris Estelle Long 20. The Limits of Trade Secret Law: Article 39 of the TRIPS Agreement and the Uniform Trade Secrets Act on which it is Based Sharon K. Sandeen 21. Test Data Protection: Rights Conferred Under the TRIPS Agreement and Some Effects of TRIPS-plus Standards Carlos M. Correa Index

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Book SynopsisIn this fully revised and updated edition, Christopher Bovis provides a detailed, critical, concise and accessible overview of the public procurement legal framework and its interaction with policies within the European Union and the Member States.Trade ReviewThe Second Edition of EU Public Procurement Law provides a comprehensive view of the policies, legislation and cases that define this area of law. Written from a pan-European perspective, it will be a useful guide for students and practitioners alike. As well as describing the public contracts, utilities and remedies directives, this work details the European cases that have shaped the law and the relationship between procurement law and other forms of regulation such as state aid. Of particular interest to the practitioner, there are specific sections on remedies, evaluation criteria and different forms of procurement such as services concessions, public-private partnerships and public-public partnerships. --Hazel Grant, Partner, Bristows, London, UKAcclaim for first edition: This book will serve as an essential resource for anyone interested in the legal regime of public procurement. It offers a comprehensive and topical analysis of EU law and its interaction with national law and policies in an area of growing economic importance. --Ruth Nielsen, Copenhagen Business School, DenmarkTable of ContentsContents: Preface Introduction 1. Public Procurement and the Single Market 2. The Legal Framework of Public Sector Procurement 3. The Legal Framework of Utilities Procurement 4. Redress and Remedies in Public Procurement 5. The Doctrines and Principles of Public Procurement 6. The Notion of Contracting Authorities 7. The Notion of Public Contracts 8. The Award of Public Procurement Contracts 9. Procurement and Partnerships Conclusion Index

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Book SynopsisPrivate Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the countryâs leading practitioners, experts, and scholars.Trade Review’The 2012 Handbook is one of the most practical and strategic looks at the formulation and conduct of private treble litigation available. It is practically unique in going beyond the substance of the antitrust law and giving the reader a peek behind the curtain as to how private antitrust litigation actually functions. It will prove to be of great value to students and practitioners, both inside and outside the United States, who want to understand what really occurs in and outside the courtroom.’ -- --World Competition: Law and Economics ReviewTable of ContentsContents: Preface Albert A. Foer and Randy M. Stutz Introduction: Benefits of Private Enforcement Robert H. Lande 1. Defining Antitrust Violations in the United States Bonny E. Sweeney 2. Pre-complaint Activities Craig C. Corbitt, Judith A. Zahid and Patrick B. Clayton 3. Parties Entitled to Pursue a Claim Eric L. Cramer and Daniel C. Simons 4. Initiation of a Private Action Michael D. Hausfeld 5. Class Actions J. Douglas Richards, Michael B. Eisenkraft and Abigail E. Shafroth 6. Procedural Defenses Short of Trial Jonathan L. Rubin 7. Pretrial Discovery in Civil Litigation Joseph Goldberg and Dan E. Gustafson 8. Economic Experts James Langenfeld, Gregory G. Wrobel and Michael J. Waters 9. Plaintiffs’ Remedies W. Joseph Bruckner and Matthew R. Salzwedel 10. Funding Litigation K. Craig Wildfang and Stacey P. Slaughter 11. Interaction of Public and Private Enforcement Kevin J.L. O’Connor, Anthony J. Gaughan, Hannah L. Renfro, Adam C. Briggs and Wendy K. Arends 12. Settlement Practice from Both a Plaintiff and Defense Perspective Joseph Tabacco and Scott Martin 13. Class Notice and Claims Administration Katherine Kinsella and Shannon Wheatman 14. Cy Pres as a Remedy in Private Antitrust Litigation Albert A. Foer 15. Proposals for Reform Pamela Gilbert and Victoria Romanenko Index

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Book SynopsisA translated annotated edition of the laws of sale and fraud in the Shulhan Arukh, the Code of Jewish Law' (the most widely consulted of the various legal codes in Judaism). It has been prepared with attention to the technical nuances of legal terminology in both modern and ancient law.

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Book SynopsisThis book examines how international investment arbitral awards can be facilitated. It sets out to achieve a fuller conceptualisation and theorisation of awards through a discussion of relevant issues and themes, as well as demonstrating how they can be achieved through a comparative approach that has been conceived and developed with reference to existing deficiencies in the research literature. This contribution is particularly important given the worldwide emergence of investment arbitration as a powerful form of alternative dispute resolution (ADR). The book ultimately seeks to explore and develop solutions that can be directed to an existing oversight and deficit within the international investment architecture. In considering the advantages and disadvantages of each âsolutionâ, it will work towards an approach best-suited to upholding the interest of the victorious party at the enforcement stage. The enforcement of arbitral awards on a voluntary basis has proven to be iTable of Contents0.1 AKNOWLEDGEMENTS 0.2 TABLE OF CASES 0.3 TABLE OF LEGISLATION 1. INTRODUCTION 2. CHAPTER 1: OBSTACLES IN ENFORCEMENT OF ICSID AWARDS 3. CHAPTER 2- OBSTACLES IN ENFORCEMENT OF NON-ICSID AWARDS 4. CHAPTER 3: POTENTIAL ENFORCEMENT OBSTACLES IN A FUTURE MULTILATERAL INVESTMENT COURT (MIC) 5. CHAPTER 4: THE PRACTICAL REMEDIES TO REDUCE THE EXECUTION ISSUES IN INVESTMENT DISPUTE SETTLEMENT SYSTEM 6. Chapter 5: CONCLUSION 7. LIST OF ABBREVIATIONS 8. INDEX

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Book SynopsisThis book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers. Fresh Produce Shipping focuses heavily on protecting the rights and recovery aspects of companies involved in growing, selling, and transporting fresh produce. It gives importers, exporters, loss adjusters, surveyors, and freight forwarders an easy-to-understand guide to the management and requirements of submitting claims. It provides an overview of the shipping terms and procedures involved when raising a claim. The book offers specific and detailed industry knowledge to stakeholders who would not normally have access to such information without the employment of specialists or legal counsel, providing an inexperienced reader with the tools to submit a claim and achieve an understanding of protocolTrade Review"Fresh Produce Shipping provides a "go to guide" for Importers / Exporters, Loss adjusters, Fresh Produce Surveyors, students with an interest in Fresh Produce shipping and claims handling, by providing a comprehensive realistic understanding of the market inan easy to understand text. The book provides a step by step understanding of the claims handling process covering both Airline and Ocean shipments providing reference guides and an understanding of the various conventions relevant to both forms of shipping." -- Victoria Bredin, British Association of Cargo SurveyorsTable of ContentsDedication; Acknowledgements; Foreword; Table of Cases; Definitions; Introduction; Chapter 1 - An Overview of the Claims Process ; The Loss; Air; Ocean; The Strategy to be adopted; Chapter 2 - An Overview of the Legal Framework for Air Cargo and Ocean Cargo Liability; Air; Ocean; Hamburg Rules; Chapter 3 – Detailed Actions after Discovery of the Loss ; The Question of Abandonment ; Delivery Signatures on Collection and Receipt; Air Cargo; Ocean Cargo; Claim Notification & Invitation to Carrier to attend Survey; Air; Salvage and Mitigation; Survey & Investigation; Joint and Separate Surveys; Air; Ocean; Common Causes; Air; Temperature Abuse; Delay; Ocean; Temperature Abuse; Suffocation and CO2 Injury; Delay; Evidencing the container loading; Pre-Shipment Condition and Temperature; Shelf-life tests; The Relevance of Pre-Shipment Evidence; Trip Thermographs; Air; Ocean; Analysis of Transit History; Determination of Cause; Air; Ocean; Chapter 4 - Documentation Gathering; Booking Request and Carrier confirmation (Ocean only); Supplier Invoice; Packing List or Load List; Health Documents; Certificate of Origin, Movement Certificate EUR.1; Air Waybill; Air Cargo Consolidations and House Air Waybills; Ocean Bills of Lading and Sea Waybills; House Bills of Lading; Airline Release Note, Removal Authority, or Airline Delivery Order; Goods Inwards Records; 1st Inspections/Quality Control Records and Photographs; The Surveyor’s Report; Chapter 5 – The Legal Rules determining for What you can Claim; The Central Principle of Restitutio in Integrum; Attempts to derogate from this principle; Damages in Contract and Damages in Tort; Interest on Damages; Duty to Mitigate; Date for Assessment; Chapter 6 - Calculation of Constituent Claim Values; ASMV- Arrived-Sound Market Value; Proof of Arrived-Sound Market Value; The ‘Supermarket Market’; The ‘Wholesale Market’; Sales Price Lists; ADMV – Arrived-Damaged Market Value; Cost-based quantum; Directly-Related Expenses; Survey Fee; Sorting/Repacking; Dumping Costs and Certification; Other Possible Costs; Chapter 7 - Claim Submission; Covering Letter; Presentation Standards & Well-ordered Attachments; Submission of Claims by email; Other methods of claim submission – Air Cargo Claims; If by Post, obtain Recorded Delivery and why; Ask yourself?; Chapter 8 - Time Limits and Time Bar Protection; Time Limits; Air Cargo; Ocean Cargo; Time Bars; Air; Ocean Cargo; Chapter 9 - The Struggle For Settlement; Unreasonably-Delayed Responses & Refusal to Deal; The Burden and Onus of Proof; Delay not involving Physical Damage; Air Cargo; The Central Principle of a Carrier’s Liability under Applicable Law; Aspects of entitlement to claim and sue; Cessions of Rights; In relation to House Air Waybills; Objections to Quantum; The ‘Market’; Survey Fees; All other expenses; Defences – and Countering them; Contributory Negligence; Pre-Shipment Causes; Harvest Records; Pack House Protocols; ‘Hot Stuffing’ - Ocean; ‘Hot Delivery’ – Air; Mixed Maturity; Rots, and Diseases; Thermographs; Reefer container Inspection; Vent Closure and Suffocation/CO2 injury; Failures during Transit; Inadequate packing; Inadequate stowage in an Ocean container; Post Shipment Objections; Attempts to reject claims on dis-entitlement; Air Cargo; The Grounds for a Claim; Force Majeure issues; Successive Carriage; US-Based Airlines and the ‘3-day rule’; Limitation of Liability; Enforcement of these Rules; Ocean Cargo; Attempts to reject claims on dis-entitlement; The Grounds for the Claim; Shipper’s Responsibility for container Settings; Inadequate Stowage; Carrier’s Datalogger – if it can be obtained; Malfunctioning containers and ‘Due Diligence’; Measure of Damages; Limitation of Liability; Unreasonable Attitudes and Commercial ‘Strong-Arm’ Tactics; Field-Heat Argument; Improper Use of Authorities; ‘Strong-Arm Tactics’; Refusal to Produce Evidence; Being ‘Taken to the Wire’; Further Carrier Tactics after Issue of Proceedings; Dismissal of Evidence; Excessive Demands for Evidence; Mixed Maturity; Carrier’s Claims, Operational, and Marketing Personnel at Odds?; Chapter 10 - Reaching for Settlements; Without prejudice negotiations; Dispute Resolution; Ocean Carriers’ P&I Clubs; Jurisdiction; Air; Ocean; Solicitors and Litigation; Choice of Lawyers; Broad Outline of events during Litigation with Costs implications; Pre -Legal Action; Legal Action; Part 36 offers; Preparation for Trial; Trial; Costs Awards; Withdrawing at Any Stage; Annexes; Examples of claim notices; Air Claim Notice; Ocean Claim Notice; Non-Survey Claim Notice; Claim Submission covering letter or message; Air Claim; Ocean Claim; Excel Spreadsheet to show quantum; Cession of Rights wording; Air; Ocean; Schedules; Air; Montreal Convention; Warsaw/Hague; Warsaw [unamended]; IATA 600b Air Waybill; Conditions; Ocean; Hague; Hague/Visby; Hamburg

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Book SynopsisThe second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties.In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of rTable of Contents1 Introductory Observations 2 Contractual Estoppel: General Principle 3 Applications 4 Entire Agreement and Non-reliance Clauses 5 Limits 6 Limits: Controls over Exclusion Clauses 7 Contractual Estoppel in the Family of Estoppels

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Book SynopsisExploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.Table of ContentsTable of ContentsPreface Acknowledgements List of Abbreviations Table of Cases Table of Legislation CHAPTER 1 INTRODUCTION I. Background *1. Paucity of Actions for Damages for Competition Infringements 2. The Need for Collective Redress in Competition Law Enforcement 3. Reflection on the Term ‘Collective Redress’ II. Issues relating to the Design of a Collective Redress Action 1. Judicial v Non-Judicial Means of Collective Redress 2. Elements of Collective Redress Actions III. Methodology IV. Structure CHAPTER 2 THE NOTION OF AND NEED FOR COLLECTIVE REDRESS ACTIONS I. Introduction II. The Concept and Function of Collective Redress Procedures 1. A Short Summary of Evolution and Policy Rationale 2. The Purpose of the Procedure III. Setting the Scene for EU Collective Redress Actions 1. The Recognition and Exercise of the Right to Damages 2. The Need for Collective Redress Actions for Consumers 2.1. Barriers to the Effective Compensation of Consumers 2.2. Inadequacy of Existing Aggregation Mechanisms 3. The Role of Collective Redress Actions IV. Concluding Remarks CHAPTER 3 COMMISSION INITIATIVES ON COLLECTIVE REDRESS ACTIONS I. Introduction II. Two Distinct Initiatives in Competition and Consumer Law 1. Commission Efforts in Competition Law 1.1. The Green Paper 1.2. The White Paper 1.3. Withdrawn Directive in 2009 *2. Commission Efforts in Consumer Law III. Combining the Two: A Horizontal Approach toward Collective Redress Actions 1. Overview of the Reasons leading to Horizontal Approach 2. The Proposals Under the Horizontal Approach 2.1. Public Consultation 2.2. Recommendation and Communication 3. Impact of the Horizontal Approach on Collective Redress IV. Distinctive Approach toward Collective Redress Actions 1. Potential Shortcomings of the Horizontal Approach 2. The Case for a Distinctive Competition Law Approach V. Concluding Remarks CHAPTER 4 OBJECTIVES OF COLLECTIVE REDRESS ACTIONS IN EU COMPETITION ENFORCEMENT I. Introduction II. Determining the Objectives and Their Significance III. Objectives of Actions for Damages 1. The Approach of the EU Courts 2. The Approach of the Commission IV. Compensation and Deterrence Objectives for Collective Redress Actions 1. The Unique Competition Law Enforcement Goal and its Implications for Collective Redress Actions 2. Objectives of Collective Redress Actions 2.1. The Compensatory Objective 2.2. The Deterrence Objective 3. Collective Redress Actions for Consumers: Do the Objectives Pursued Differ? V. Concluding Remarks CHAPTER 5 CONSUMER DAMAGES CLAIMS IN EU COMPETITION CASES I. Introduction II. Damages Caused by Competition Infringements 1. The Types of Competition Infringements 2. The Types of Harm Resulting from Competition Infringements 3. Potential Damages of Competition Infringements III. The Overcharge as a Measure of Damages in Consumer Cases *1. Overcharge in Collusion Cases 1.1. Practices Giving Rise to Overcharge 1.2. Case Studies 1.2.1. Case Study 1 1.2.2. Case Study 2 2. Overcharge in Abuse of Dominance Cases 2.1. Practices Giving Rise to Overcharge 2.2. Case Studies 2.2.1. Case Study 1 2.2.2. Case Study 2 IV. The Ways in Which Consumers are Harmed 1. Direct Consumers 2. Indirect Consumers 3. Deadweight Loss Consumers 4. Umbrella Consumers V. Concluding Remarks CHAPTER 6 GROUPING COLLECTIVE CLAIMS: OPT-IN v OPT-OUT I. Introduction II. Establishing the Group Membership 1. Opt-In Actions 2. Mandatory Actions 3. Opt-Out Actions 3.1. The Functioning of Opt-Out Actions 3.2. The Role of Notice 3.3. The Compensation Objective and Opt-Out Actions 3.3.1. Participation Rates 3.3.2. Take-Up Rates 4. The Proposed Approach 4.1. Reflections 4.2. Assessing the Criticisms 4.2.1. Overview of the Criticisms 4.2.2. The Merits of the Criticisms III. Grouping the Claims 1. The Ways in Which the Group is Defined 2. Two Necessary Elements of Group Definition 3. Towards an Adequate Group Definition: What Matters? 3.1. The Type of Loss 3.2. The Type of Plaintiff 4. The Proposed Approach: Grouping Consumer Claims IV. Concluding Remarks CHAPTER 7 DESIGNING COLLECTIVE REDRESS ACTIONS: REPRESENTATIVE PARTY AND FUNDING RULES I. Introduction II. Determining the Representative Party 1. Lead Plaintiff 2. Ideological Claimant III. Funding 1. Liability for Costs 2. Possible Options for Funding 3. Contingency Fees as One of the Options 4. The Proposed Approach IV. Concluding Remarks CHAPTER 8 CALCULATION AND DISTRIBUTION OF DAMAGES IN COLLECTIVE ACTIONS FOR CONSUMERS I. Introduction II. Possible Ways of Awarding Damages to a Group 1. Aggregate versus Individual Damages Assessment 2. Aggregate Damages Assessment and the Compensation Objective III. Calculation of Damages to Consumers IV. Allocation of Damages 1. Distribution of Damages to Group Members 2. Possible Alternatives for Undistributed Damages and the Proposed Approach V. Concluding Remarks CHAPTER 9 CONCLUSIONS Bibliography index

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Book SynopsisThis book provides in-depth analysis of deferred prosecution agreements (DPAs), a tool first introduced in the United States and since implemented in the United Kingdom and other jurisdictions. The central focus of the book is the impact of DPAs on company directors: DPAs were first introduced in the US for individuals, but are now used predominantly for corporate defendants. In the UK, DPAs have only ever been available for companies.The consideration of individuals in the introductory stage in the UK is explored in depth, as well as the consideration and targeting of individuals in cases that have followed. Company directors are exposed to liability because of this negotiated deal between the company and prosecutors, and this book addresses the key areas of exposure, and how various parties should address these risk areas in accordance with the law. The book is an increasingly necessary contribution to the topical discussion of the fallout of unsuccessful prosecutions of in

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Book SynopsisRemedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects.The third edition brings the text up to date with significant new cases in respect of duress, force majeure and liquidated damages. It also features new content on retention clauses, remedies associated with Grenfell Tower type cladding, bonds and variation clauses.This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.

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The fifth edition of International Business Law and the Legal Environment: A Transactional Approach gives business and law students a clear understanding of the legal principles that govern international business. This book goes beyond compliance by emphasizing how to use the law to create value and competitive advantage.DiMatteoâs transactional approach walks students through key business transactionsâfrom import and export, contracts, and finance to countertrade, dispute resolution, licensing, and moreâgiving them both context and providing real-world applications. This new edition also features:â Added coverage of new technologies, such as smart contracts, digital platforms, and blockchain technology, Artificial Intelligence, Market for Non-Fungible Tokens, and the Metaverseâ Discussion of businesses and sustainability, climate change, and creating a circular economyâ International perspective and use of a variety of national and international law mate

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Book SynopsisTrade Review‘The book contains 10 chapters across 170 pages, wherein Ferrari et al. do an excellent job of introducing the uninitiated to “internationalist” perspectives of the recognition and enforcement of foreign arbitral awards, greatly simplifying the topic to ensure the reader’s comprehension. However, experts in this area of law will equally enjoy the extensive comparative jurisprudence that is drawn upon in the book. Besides, it makes for a very interesting read: I finished it in just two days!’ -- Chukwuma Okoli, Conflictoflaws.net blog‘Quintessence is the queen of a land of speculative science in Rabelais' Gargantua. The New York Convention is our quintessence in the art that we call international arbitration. We can be grateful that we are able to practice our trade with the benefit of the insights of those who scrutinize our field around the world. Guidance on the New York Convention should be as practical and intellectually stimulating as this book.’ -- Julie Bédard, Skadden, Arps, Slate, Meagher & Flom LLP, US and BrazilTable of ContentsContents: 1. The New York Convention as an instrument of uniform law 2. Scope of application 3. The recognition and enforcement of arbitration agreements 4. The duty to recognize and enforce arbitral awards and its limitations 5. Grounds for refusal related to jurisdiction 6. Grounds for refusal related to proper notice and the ability to present one’s case 7. Grounds for refusal related to procedure 8. Grounds for refusal related to the award’s status under the law applicable to it 9. Grounds for refusal related to public policy 10. The procedure and formal requirements for recognition and enforcement Index

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Book SynopsisTrade Review'A real masterpiece, brilliantly pressing for a change that is necessary and feasible.' -- Lawrence Lessig, Harvard Law School, US‘As our world becomes increasing digital, both law and code become central to management of rights and access to justice. The two modes of management are often seen as being in conflict, but increasingly far-sighted scholars like Prof. Schrepel are seeing that there are opportunities for synergy. This book is a clear step forward in building a system of digital law that works, and a must-read for those concerned about our digital future.’ -- ­– Alex ‘Sandy’ Pentland, Massachusetts Institute of Technology, US‘From Code of Hammurabi (1754 BC) to the Internet of Things and Artificial Intelligence this book links a deep understanding of law and technology, Blockchain and Antitrust. It offers a highly appreciated contribution to the Blockchain debate and practical use cases, which are very much needed in often theoretical discussions.’ -- Theodor Thanner, President of the Austrian Federal Competition Authority, Austria‘Grounded in Schrepel's solid understanding of the law and technology debate, this book offers a unique framework and important guide for thinking through the many ways in which Antitrust law and Blockchain technologies can be complementary and create efficiencies from collaboration.’ -- Roland Vogl, CodeX - The Stanford Center for Legal Informatics, US‘Packed with stimulating suggestions and insights, this is the first book exploring the role of competition law in regulating blockchain. Thibault Schrepel skillfully blends an accessible examination of the technology at play with a discussion about how competition law should be applied to both control and support its development.’ -- Giorgio Monti, Tilburg University, the Netherlands‘Traditional financial payment systems run by banks or by tech companies such as PayPal have natural network effects, and are held to be open to some degree of monopoly. Blockchain systems, because they are highly distributed and transparent, are often said to be free of such tendencies. Thibault Schrepel argues this isn’t true: blockchains may foster anticompetitive practices in many ways. As our economic world moves increasingly into cryptocurrencies and blockchain transactions, Schrepel’s analysis and suggested remedies are both timely and important.’ -- W. Brian Arthur, Santa Fe Institute, US‘Data and Antitrust have become a hot button issue. However, as of yet there is little legal scholarly writing on the topic of how blockchain with its promise of data integrity will change this debate. This book tries to do precisely that, and is an incredibly useful read for any legal scholar interested in the digital space.’ -- Catherine Tucker, Massachusetts Institute of Technology, US‘Thibault Schrepel’s Blockchain + Antitrust: the Decentralization Formula, is an eminently readable and satisfying examination of the history, technology, and incipient law of Blockchain – from its historical roots in a libertarian search for order, to its complex and often misunderstood internal workings, and finally to the abundant legal concerns that might loom in the future. This book is particularly helpful for someone who needs to be guided through Blockchain’s most important technical and operational elements.’ -- Herbert Hovenkamp, University of Pennsylvania Law School and the Wharton School, US‘By reducing transaction costs and facilitating trust among parties to transactions, blockchains reduce the need for centralized legal structures in economic activity. They also make transactions less transparent to regulators and can be used to harbor anticompetitive practices. Hence they contribute to deconcentrating economic structures and, simultaneously, raise challenges for competition law enforcement. However, competition authorities can also benefit from the blockchain technology in their enforcement activity. Thibault Schrepel in this path-breaking book explores the evolving complex relationship between blockchain and antitrust and the ways they can benefit from one another. This forward-looking and fascinating analysis is a must read for anyone interested in one of the most important technological development of our time.’ -- Frederic Jenny, OECD Competition Committee, France‘More than any other field of business law, antitrust has much in common with emerging blockchain technologies. Dr. Schrepel has been at the forefront of research in the relationship between these two fields. His hopeful approach, as discussed in this book, towards a mutually beneficial relationship between antitrust law amd blockchain technology will help ensure maximal realization of the efficiency-enhancing promise of blockchain – namely, lowering the costs of networking and increasing transparency. Moreover, this book does an excellent job of discussing both the procompetitive (favored by the antitrust laws) attributes of blockchain and its ability to facilitate anticompetitive harm (outlawed by the antitrust laws), and showing how the law and the emerging technology can live in harmony to the benefit of consumers. I was proud, as head of the DOJ Antitrust Division, to have the Division join Dr. Schrepel’s academic project on this topic and look forward to his continued contributions to this important emerging field.’ -- Makan Delrahim, Department of Justice Antitrust Division, US‘This book is the first of its kind. Schrepel’s work will no doubt appeal to antitrusters looking for a didactic introduction to the blockchain. It will also be of more general interest to any reader with a concern for the future of law and public policy in a technology-driven world. A must-read.’ -- Nicolas Petit, European University Institute, Italy‘Blockchain technology has been offered as a solution to any number of problems, and sometimes – to its detriment – as a panacea. Here, Schrepel follows the thread of decentralization to explore this technology alongside the goals of antitrust law. It's a worthy provocation, even as blockchains’ value, and future, are hotly contested.’ -- Jonathan Zittrain, Harvard University, USTable of ContentsContents: Preface Introduction: the decentralization PART 1 A COMMON AMBITION 1. Blockchain: from ideology to implementation 2. Blockchain’s toolbox 3. Blockchain and Darwin 4. Decentralization? 5. Comes antitrust: the paradox PART 2 BEST FRENEMIES? 6. The theory of the firm 7. The theory of granularity 8. Collusion on blockchain 9. Collusion using blockchain 10. Blockchain power 11. Blockchain and monopolization 12. Blockchain and merger control PART 3 ALLIES 13. Law + technology 14. Running the formula 15. Blockchain’s future Index

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Book SynopsisTrade Review‘The book contains 10 chapters across 170 pages, wherein Ferrari et al. do an excellent job of introducing the uninitiated to “internationalist” perspectives of the recognition and enforcement of foreign arbitral awards, greatly simplifying the topic to ensure the reader’s comprehension. However, experts in this area of law will equally enjoy the extensive comparative jurisprudence that is drawn upon in the book. Besides, it makes for a very interesting read: I finished it in just two days!’ -- Chukwuma Okoli, Conflictoflaws.net blog‘Quintessence is the queen of a land of speculative science in Rabelais' Gargantua. The New York Convention is our quintessence in the art that we call international arbitration. We can be grateful that we are able to practice our trade with the benefit of the insights of those who scrutinize our field around the world. Guidance on the New York Convention should be as practical and intellectually stimulating as this book.’ -- Julie Bédard, Skadden, Arps, Slate, Meagher & Flom LLP, US and BrazilTable of ContentsContents: 1. The New York Convention as an instrument of uniform law 2. Scope of application 3. The recognition and enforcement of arbitration agreements 4. The duty to recognize and enforce arbitral awards and its limitations 5. Grounds for refusal related to jurisdiction 6. Grounds for refusal related to proper notice and the ability to present one’s case 7. Grounds for refusal related to procedure 8. Grounds for refusal related to the award’s status under the law applicable to it 9. Grounds for refusal related to public policy 10. The procedure and formal requirements for recognition and enforcement Index

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Book SynopsisThis book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law''s contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.Table of ContentsIntroduction: corporate legal ideas; Part I. Business Judgment and the Idea of Honesty in the Exercise of Delegated Power: 1. Business judgments: origins; 2. Business judgments in UK corporate law; 3. The foundations of the business judgement rule in the United States; 4. The structural dissonance of Delaware's business judgment rule; Part II. The Duty of Care and the Ideas of Reward and Undertaking: 5. Origins: between laxity and terror in bailment and trusts law; 6. The origins of the director's duty of care in the United States; 7. The Delaware duty of care: fragments of jurisprudence; 8. The duty of care in the United Kingdom: in the shadow of gross negligence; Part III. Self-Dealing and the Idea of the Corporation: 9. Conceptions of the corporation; 10. The United Kingdom: contracting out of the common law; 11. The United States: the paths to fairness review; Part IV. Connected Assets and the Idea of Property: 12. Connected assets law in the United Kingdom: the property institution; 13. The modern UK approach and the disappearance of property; 14. Connected assets law in the United States: between property and prescription; 15. Explaining divergent evolution in connected assets law.

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Book SynopsisTaking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.Table of ContentsPart I. Starting Off: 1. Introduction; Part II. Jurisdiction; 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. EU Law: the problem of pure financial loss; 6. The traditional English rules; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. US law: some highlights; Part IV. Procedure: 18. Freezing assets; 19. Obtaining evidence abroad: forum procedures; 20. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 21. Introduction to choice of law; 22. Torts; 23. Contracts: the principle of party autonomy; 24. Contracts: legal policy and choice of law; 25. The common-law countries: regulating business, protecting employees and helping consumers; 26. Foreign currency; 27. Property: tangible movables; 28. Contractual rights and property interests – I; 29. Contractual rights and property interests – II; 30. Contractual rights and property interests – III.

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Book SynopsisThis book covers wreck law as an integrated whole, going beyond the question of removal to include issues such as the ownership of wreck and how the law deals with the many commercial law problems arising after ships have been wrecked during the maritime commercial adventure. The book offers authoritative guidance on the genesis and meaning of the Nairobi Wreck Removal Convention 2007, and the interpretation of its often-complex provisions as they apply both to States trying to use its powers and to shipowners and liability insurers faced by its obligations. The authors explain the increasingly complex inter-relationship between linked areas of maritime law, including salvage, intervention and the overlapping international regimes which deal with pollution from oil, bunkers or hazardous and noxious substances. The book examines how a salvage operation transitions to wreck removal and links the liability provisions with the standard form international commercial contracts actuTable of ContentsPart I Wreck in National and International Law; 1 Introduction to Wreck Casualties 2. Wreck and the Maritime Commercial Adventure 3. Rights in Relation to Wreck 4. State Rights and Wreck 5. Law of the Sea and Wreck 6. Underwater Cultural Heritage Part II Wreck Removal Convention 2007; 7. Wreck Removal Convention 2007: Creation 8. Wreck Removal Convention 2007: Scope 9. Wreck Removal Convention 2007: States’ Rights and Duties 10. Wreck Removal Convention 2007: Shipowners’ and Insurers’ Liabilities 11. National Wreck Removal Law and the MSA 1995 Part 9A Part III Wreck Removal Contracts; 12. Transition To Wreck Removal: Salvage and SCOPIC 13. Wreck Removal Operations and Contracts Part IV Wreck Disposal 14. Wreck Disposal

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Book SynopsisA compilation of commentaries on the various jurisdictions where there either is, or is planned, a statutory adjudication system , this is a review of such systems worldwide in the commercial and construction fields. It features analysis by specialist advisory editors on the adjudication system in place in each separate jurisdiction, together with a copy of the relevant local legislation, and permits a comparative approach between each. This book addresses statutory adjudication in a way that is practically useful and academically rigorous. As such, it remains an essential reference for any lawyer, project manager,contractor or academic involved with the commercial and construction fields. Table of ContentsForeword by Sir Robert Akenhead Introduction and Organisation England and Wales Australia: the East Coast Model (with New South Wales as the Principal Legislation) Australia: the East Coast Model: Victoria, Tasmania, The Australian Capital Territory and South Australia Australia: the East Coast Model (Queensland) Australia: the West Coast Model Chartered Institute of Arbitrators' Dispute Board Rules Federation International des Ingenieurs-Conseils (FIDIC) Dispute Board Rules Germany Hong Kong International Chamber of Commerce Dispute Board Rules Ireland Malaysia Mauritius New Zealand Northern Ireland Scotland Singapore South Africa 20. United States of America

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Book SynopsisGood Faith and Insurance Contracts sets out an exhaustive analysis of the law concerning the duty of utmost good faith, as applied to insurance contracts. Now in its fourth edition, it has been updated to address the arrival of the Insurance Act 2015, as well as any references to new case law. In addition, it synthesises all known judicial decisions by the English Courts concerning good faith in this area.This book is still the only text devoted to a discussion of the duty of utmost good faith applicable to insurance contracts. As good faith is an issue which arises in respect of all insurance contracts, it is a book which will be extremely useful to lawyers involved in insurance as well as insurance practitioners. Table of Contents The insurance contract uberrimae fidei Other contracts of the utmost good faith The nature of the duty of the utmost good faith The source of the duty of utmost good faith Law reform Legislation affecting the duty of good faith The assured’s duty of the fair presentation of the risk at placing The exceptions to the duty of disclosure at placing Modification of the duty of disclosure at placing The post-contractual duty of good faith The assured’s duty of utmost good faith and claims The insurer’s duty Third parties Materiality and inducement Examples of material facts Remedies The loss of the insurer’s right to exercise a remedy or to rely upon a breach of warranty Evidence: Proving a breach of duty or a defence

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Book SynopsisShip Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements. The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers'' Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 - and the main differences between these forms and SHIPSALE 22.This edition of Ship Sale and Purchase also contains a comprehensive description of the many ways in which Table of ContentsTable Of Cases, Table Of Legislation, Foreword, Emeritus Editor’s Preface, Author’s Preface, Introduction, Part 1 - Box Format, Clause 1 - Definitions And Interpretation, Clause 2 - Sale And Purchase, Clause 3 - Subjects, Clause 4 - Purchase Price, Clause 5 - Deposit, Clause 6 - Inspection, Clause 7 - Buyers’ On-Board Representatives, Clause 8 - Inspection, Clause 9 - Dry-Dock Inspection, Clause 10 - Condition Of Vessel At Delivery, Clause 11 - Delivery Notices, Clause 12 - Vessel Delay, Clause 13 - Bunkers, Oils And Greases, Clause 14 - Payments, Clause 15 - Delivery Documents, Clause 16 - Delivery, Clause 17 - Post Delivery Obligations, Clause 18 - Sellers’ Termination Rights, Clause 19 - Buyers’ Termination Rights, Clause 20 - Total Loss, Clause 21 - Sanctions, Clause 22 - Anti-Corruption, Clause 23 - Confidentiality, Clause 24 - Notices And Communications, Clause 25 - Entire Agreement, Clause 26 - Bimco Law And Arbitration Clause 2020, Clause 27 - Bimco Electronic Signature Clause 2021, Clause 28 - Additional Clauses And Provisions, Appendix 1 – SHIPSALE 22, Appendix 2 - Saleform 2012, Appendix 3 – SSF2011, Appendix 4 – Nipponsale 1999, Appendix 5 – Barecon 2017, Appendix 6 – SHIPLEASE, Appendix 7 – LMAA Terms and Procedures 2021

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Book SynopsisKey Facts has been specifically written for students studying Law. It is the essential revision tool for a broad range of law courses from A Level to degree level. Consumer Law is also relevant to courses for Trading Standards Officers and many Business Studies courses.The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include examiners, barristers and lecturers who have brought their expertise and knowledge to the series to make it user-friendly and accessible.Chapters include: The character of consumer contracts / Consumer protection in contract law / Contracts for sale of goods / Unsolicited goods / Distance selling / Contracts to provide services / Protection under the law of tort / Exemption clauses and unfair terms in consumer contracts / The Consumer Protection Act 1987 / Criminal Law as a means of consumer protection / Consumer finance / Trade Descriptions Act 1968 / Misleading proce inTable of ContentsIntroduction to consumer protectionConsumer protection in contract lawSale of goodsUnsolicited goodsDistance sellingSupply of goods and servicesProtection under the law of tortControl of exemption clauses & unfair termsThe Consumer Protection Act 1987 and civil remediesCriminal Law as a means of consumer protectionThe Consumer Protection Act 1987 and criminal liabilityTrade Descriptions Act 1968Misleading pricesConsumer creditPackage holidays

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Book SynopsisThis book is a collection of original, thought-provoking essays on critical issues in contract, commercial and corporate law. It is dedicated to the memory of the late Professor Jill Poole, who inspired so many and made such important contributions to these fields of law. The essays are written by leading practitioners and academics in the field, building on Jill's work. As such this collection will be of interest and importance to professionals, academics and students in these fields of law. The Professor Jill Poole Educational Fund has been established in memory of Jill. It will be used to support undergraduate students in obtaining ''excellence scholarships'' at Aston Law School and to reward ''excellence'' at the annual law graduation ceremony. All contributions are welcome, and the royalties from this collection of essays have been donated to it.Table of Contents1. Keeping Commercial Law Up to Date 2. Examining English contract law in the light of Brexit – an end to the European dream? 3. From the 2004 Communication on European Contract to the 2015 Draft Directive on the Supply of Digital Content: harmonisation, Unification or Transformation of EU Private Law 4. Harmonization and Contract in a Globalized World 5. Integrating Remedies for Misrepresentation: Co-Ordinating a Coherent and Principled Framework 6. The Contract Formation under the Caveat Emptor Rule: Assessing its Utility 7. Consideration in the Modification of Contracts 8. Estoppel and Promises: The Importance of Coherence, Rationalisation, and Adhering to Basic Principles 9. Privity of Contract: Statutory Developments 10. Recent Developments in Illegal Contracts 11. Restraint of Trade Doctrine: A Traditional Tool Fit for the Modern Economy? 12. The Intractable Problems of Illegality and Public Policy in the Law of Contract –A Comparative Perspective 13. Director’ Financial Liabilities Standards: Opportunism and the Proper Approach to Detterence

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Book SynopsisThe Technology and Construction Court (TCC) deals with legal cases that often require specialist technical expertise. This can lead to complex and sometimes lengthy proceedings. In light of the Jackson reforms and developments in cost controls in the TCC, the manner in which claims are handled is of paramount commercial importance to lawyers and lay clients alike.This book provides a practical, but intellectually informative guide to dealing with proceedings in the TCC. Looking at the different types of claims which are commonly, and not so commonly, brought in this court, it considers different potential approaches to such claims depending on the circumstances in which parties find themselves. This is a genuine practitioners' guide, with the principal focus on expeditious, cost-effective case management. Construction practitioners at the Bar, solicitors, adjudicators, arbitrators, and in-house counsel alike, will all find it an invaluable reference for tTable of Contents1. Introduction 2. Overview of a Claim in the TCC 3. Evidence 4. Delay Claims 5. Delay and Disruption Money Claims 6. Defects Claims 7. Procurement Challenges in the TCC 8. Cost Budgetting in the TCC 9. TCC and Adjudication 10. TCC and ADR 11. TCC and Arbitration

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Book SynopsisNow in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration.Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations Table of Contents1.The Rules of Evidence and their Application 2. Depositions, Interrogatories and Judicial Notice 3. Document Production in International Arbitration 4. Witnesses of Fact 5. Party-Appointed Experts 6. Tribunal-Appointed Experts and Inspections 7. Assessing the Evidence, Burden of Proof, Adverse Inferences and Procedural Good Faith 8. Evidentiary Hearing 9. Disclosure and Admissibility of Evidence

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Book SynopsisSince the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA's and PRA's requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, Form C', and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual's employmeTrade Review'...the authors provide valuable insights into issues that may need to be grappled with in due course... I anticipate that this will become the standard work for those of us who advise on questions of regulatory authorisation, conduct and pay in the financial services field. The authors have certainly achieved their objective of filling the gap that existed in our law libraries.'Richard Coleman Q.C. ARDL Quarterly Bulletin"A succinct, well-written book on the regulations governing conduct and pay in financial services…it is likely to be an essential read for any who have to advise clients in the financial services sector. Its greatest strength is that its contributors are practitioners with considerable collective experience of the sector who are also able to offer insight into the attitude and mindset of the regulators, coupled with an exceptionally high level of ability in and knowledge of employment law."Stephen Levinson, Employment Lawyers Association Table of Contents1. Introduction PART I: CONDUCT 2. The Conduct Regime 3. Fitness and Propriety 4. The Approved Persons Regime 5. The Certification Regime 6. The Senior Managers Regime 7. Notifications and the "Form C" Issue 8. Regulatory References and Whistleblowing 9. Misconduct 10. Sanctions 11. Enforcement Procedure PART II: PAY 12. Bonuses: the General Law 13. The Remuneration Codes 14. Malus and Clawback: Further Discussion

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Book SynopsisThe Insurance Act 2015 represents the first major reform of English commercial insurance law for many years. Its impact will be felt not only in England, where it will greatly affect both maritime and commercial insurance practice, but also elsewhere where English law is the law of choice in insurance contracts. The Insurance Act 2015: A New Regime for Commercial and Marine Insurance Law analyses in depth the key aspects of the Act and extensively restates and modifies a number of legal principles applying both at common law and under the Marine Insurance Act 1906. Offering much more than the usual commentary on legislation, this book provides critical in-depth analysis of the important topics as was all coverage of areas likely to spawn disputes in future. Written by leading practitioners and academics in the field, this book offers comprehensive, coherent and practical legal analysis of the changes introduced by the Insurance Act 2015. It is a key point of reference Trade Review'This book comprehensively achieves its twin aims of providing critical in-depth analysis of the Insurance Act 2015 (the 2015 Act) and identifying grey areas in that Act. The editors...have put together a remarkable team of contributing authors, all leaders in their field...It will be of great assistance to brokers, insurers, lawyers, academics, students and, no doubt, in due course, to the judiciary.'John Dunt, The Journal of International Maritime LawTable of ContentsChapter 1 (D. Hertzell, Consultant to BLM and Former Law Commissioner for Commercial and Common Law): The Insurance Act 2015: Background and PhilosophyChapter 2 (P. MacDonald-Eggers QC, 7 KBW): The Fair Presentation of Commercial Risks Under the Insurance Act 2015 Chapter 3 (Professor B. Soyer, Institute of International Shipping and Trade Law): Insurer’s Duty of Good Faith: Is the Path Now Clear for Introduction of New Remedies? Chapter 4 (Professor M. Clarke, St Johns College Cambridge): The Future of Warranties and Other Related Terms in Contracts of InsuranceChapter 5 (S. Rainey QC, Quadrant Chambers): Remedies for Fraudulent Claims under the Insurance Act 2015Chapter 6 (Professor A. Tettenborn, Institute of International Shipping and Trade Law): Late Payment of Claims: Better, But by No Means PerfectChapter 7 (Associate Professor G. Leloudas, Institute of International Shipping and Trade Law): Contracting Out of the Insurance Act 2015 in Commercial Insurance ContractsChapter 8 (Sir Bernard Rix, Arbitrator, Mediator, 20 Essex Street, Former Court of Appeal Judge): Conclusion: General Reflections on the Law Reform

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Book SynopsisRoutledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to:Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams HighliTable of Contents1 General Questions 2 Description and Quality 3 Passing of Property and Risk 4 Nemo Dat Quod Non Habet 5 Performance and Remedies 6 Making and Cancelling a Credit Agreement 7 Default and Termination of Credit Agreements 8 Connected Lender Liability 9 General Principles of Agency 10 Relationship with Third Parties 11 Fob Contracts 12 Cif Contracts

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Book SynopsisDouble insurance is an issue which frequently arises in practice. Dr Nisha Mohamed delves into the problems which arise in double insurance and the attempts to provide a solution to the uncertainty of the law in this area. The book begins with a fascinating look at the history and development of the law of double insurance, outlining how it has developed, and the factors the court may take into account when deciding cases involving double insurance. Attempting to provide a common law solution where no legislation has been enacted, the book covers contemporary instances of double insurance by focusing on: the relevant clauses (rateable proportion, excess, escape and other insurance) the difficulty of the courts in providing clear principles in cases of double insurance attempts to limit or exclude liability by the insurer how the clauses work in practice court decisions in various jurisdictions the AustraliTable of ContentsAcknowledgements Foreword Preface Table of Cases Table of Legislation Part A Chapter 1. An Overview: Double Insurance Chapter 2. General Principles Chapter 3. Effect of Double Insurance on Claims Chapter 4. Legislative Reform of Double Insurance Part B Chapter 5. The Meaning of Contribution Chapter 6. When the Right of Contribution Arises Chapter 7. The Rights Of An Insurer To Seek Contribution And Enforcement Chapter 8. Asbestos Litigation from an Insurance Perspective Chapter 9. Contribution under Common Law and Its Equitable Position Chapter 10. Conclusion Index

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Book SynopsisTable of ContentsBRIEF TABLE OF CONTENTS Part I Legal, Ethical, and Digital Environment 1. Legal Heritage and the Digital Age 2. Constitutional Law for Business and E-Commerce 3. Courts and Jurisdiction 4. Judicial, Alternative, Administrative, and E-Dispute Resolution 5. Intentional Torts and Negligence 6. Criminal Law and Cyber Crimes 7. Intellectual Property and Cyber Piracy 8. Ethics and Social Responsibility of Business Part II Contracts and E-Commerce 9. Nature of Traditional and E-Contracts 10. Agreement and Consideration 11. Capacity and Legality 12. Genuineness of Assent and Statute of Frauds 13. Third-Party Rights and Discharge 14. Breach of Contract and Remedies 15. Digital Law and E-Commerce Part III Sales and Lease Contracts and Product Liability 16. Formation of Sales and Lease Contracts 17. Title to Goods and Risk of Loss 18. Remedies for Breach of Sales and Lease Contracts 19. Warranties and Product Liability Part IV Negotiable Instruments, Banking, and Electronic Financial Transactions 20. Creation and Transfer of Negotiable Instruments 21. Holder in Due Course and Liability of Parties 22. Banking System and Electronic Financial Transactions Part V Credit, Secured Transactions, and Bankruptcy 23. Credit, Real Property Financing, and Secured Transactions 24. Bankruptcy and Reorganization Part VI Business Organizations, Corporate Governance, and Investor Protection 25. Agency Law 26. Small Business, Entrepreneurship, and Partnerships 27. Corporate Formation and Financing 28. Corporate Governance and the Sarbanes-Oxley Act 29. Corporate Acquisitions and Multinational Corporations 30. Limited Liability Companies and Limited Liability Partnerships 31. Franchise and Special Forms of Business 32. Investor Protection, E-Securities, and Wall Street Reform Part VII Government Regulation and Employment Law 33. Antitrust Law and Unfair Trade Practices 34. Consumer Safety and Environmental Protection 35. Labor, Worker Protection, and Immigration Law 36. Equal Opportunity in Employment Part VIII Property, Insurance, and Estates 37. Personal Property, Bailment, and Insurance 38. Real Property, Landlord-Tenant Law, and Land Use Regulation 39. Family Law, Wills, and Trusts Part IX Accounting Profession 40. Accountants’ Duties and Liability Part X Global Environment 41. International and World Trade Law Appendices A The Constitution of the United States of America Case Index Subject Index

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