Forum Shopping between Luxembourg and Strasbourg?

Hedge Fund Forum Shopping

Hedge funds have been the subject of media attention in the United States ("U.S.") and around the world given the pronounced growth of the hedge fund sector in recent years and the comparative dearth of regulations faced by hedge fund managers. The first part of this paper provides an overview of the potential agency problems associated with managing a hedge fund and the associated rationales f...

Rethinking Forum Shopping in Cyberspace

A game-theoretic analysis of forum shopping reveals how opportunities for strategic choices can influence the behavior of plaintiffs and defendants. If neither party has the opportunity to make strategic choices about participation or forum choices, we should expect no adverse selection or moral hazard problems. By contrast, if only one of the parties can control both the participation and foru...

Asbestos Litigation: Procedural Innovations and Forum Shopping

This paper examines how forum shopping and procedural innovations affect the outcomes of asbestos trials using a new data set of all asbestos trials from 1987 to 2003. When lawsuits are filed in six particularly favorable jurisdictions, plaintiffs’ expected returns from trial are found to increase by $800,000 to nearly $4 million. The procedural innovations are bifurcated trials, bouquet trials...

Patent Infringement and Forum Shopping in the European Union

This Article first considers the extent to which a patentee is entitled, under the various Conventions governing jurisdiction and enforcement, to which all EU Member States are signatories, to choose the forum in which to sue for infringement. This Article then considers the factors which a patentee is likely to look for when choosing the forum in which to bring proceedings for infringement. It...

Litigation versus Legislation: Forum Shopping by Rent-Seekers