Business Torts and Unfair Competition Handbook - 3rd Edition

Business Torts and Unfair Competition Handbook 3rd Edition ISBN 9781614389330

Since the publication of the second edition in 2006, the relationship among antitrust law, business torts, and unfair competition law has evolved significantly. Business Torts and Unfair Competition Handbook, Third Edition revises, updates, and substantially expands upon the prior edition to provide a practical, authoritative guide to the substantive and procedural issues that arise at the intersection of these closely related areas of law.

The book begins with an in-depth examination of substantive issues, including the changing role of business torts in antitrust litigation and the increasing use of antitrust principles within business tort claims. These chapters explore the renewed reliance on business torts as evidence of exclusionary conduct supporting antitrust allegations, as well as the growing importance of defenses such as the “competitive privilege” and the Noerr-Pennington doctrine in business tort litigation.

Subsequent chapters survey the law of unfair competition, commercial disparagement, and defamation, followed by detailed analyses of interference torts; common law and statutory claims for fraud and negligent misrepresentation; trade secret misappropriation; and recent developments in punitive damages, including constitutional, statutory, and common law limitations.

The second half of the volume focuses on procedural considerations, beginning with threshold issues of subject matter jurisdiction, personal jurisdiction, and venue. It then addresses additional practical factors influencing forum selection and examines the frequently litigated issues of removal and remand, areas that have experienced notable statutory and case law developments since the second edition.

The book concludes with a discussion of the increasingly complex issues surrounding parallel and successive litigation, as well as constitutional considerations that commonly arise in business tort cases under the Supremacy and Commerce Clauses of the United States Constitution. Business Torts and Unfair Competition Handbook, Third Edition makes this dynamic and continually developing area of law more accessible to both antitrust specialists and general practitioners.

Business Torts and Unfair Competition Handbook 3rd Edition ISBN 9781614389330, 978-1614389330 & 9781614389347