BUSINESS DISPUTES: CLAIMS & REMEDIES DESKBOOK
Deskbook
ITEM #:  50094425   |   PUBLISHED:  FEBRUARY 7, 2025
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$99.00
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$199.00
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Hard copy deskbook including the 2025 update to be released by the end of February. LinkedLaw deskbook access available immediately, with update seamlessly incorporated when released.

Business Disputes: Claims and Remedies, 3rd Edition

Editor:  Michael M. Krauss

The Third Edition of the Business Disputes: Claims and Remedies Deskbook is an essential resource for both business attorneys and business litigators. Now fully revised and updated to include new case law, the third edition includes new sections covering: Ch. 1, Misrepresentation, includes a NEW section on Secondary Liability: Aiding and Abetting Fraud; Ch. 4, Trade Secrets, includes a NEW section on Exemplary Damages and Attorney’s Fees; Ch. 14, Insurance, includes a NEW section addressing the impact of the COVID-19 pandemic insurance coverage for business torts; Ch. 17, Consequential, Special, and Incidental Damages, includes a NEW section on Consequential Damage Exclusions During COVID-19; and Ch. 18, Duty to Mitigate, includes a NEW section on Loss-of-Use Damages. The new edition also includes a full revision to Ch. 20, Calculating and Proving Damages with more relevant case law and the latest analysis on Availability of Lost Profits, Proving Lost Profits, and Calculating Lost Profits; Disgorgement and Unjust Enrichment; Out-of-Pocket Losses; Diminution in Value; Loss of Good Will; and Trade Secret Misappropriation. 

The Business Disputes Deskbook provides an accurate and balanced approach for business law practitioners with an in-depth look at a comprehensive range of business law issues and gives readers the orientation, the analysis, and the authorities they need. The Deskbook covers nearly every practice issue a business law practitioner will encounter, including fraud and negligent misrepresentation, conversion, trade secrets, noncompetes, unfair trade practices, false statements in a business context, tortious interference, fiduciary duty, RICO, franchise law, credit and collection, privacy law, insurance coverage, class actions, damages, and much more!

2025 UPDATE
The 2025 Update of the Business Disputes: Claims and Remedies Deskbook includes a BRAND NEW Chapter 21, MN Uniform Voidable Transactions Act, which covers the MUVTA, Avoiding Transfers and Obligations, including Actual Fraud and Constructive Fraud, Insider Transfers, Transfer-by-Transfer Requirements, Pleading Standards, Remedies and Defenses, MUVTA in Bankruptcy, and Best Practices to Mitigate Fraudulent Transfer Risk. The 2025 Update also contains updates to 20 chapters, including Ch. 2, Statutory Fraud; Ch. 5, Noncompetition Agreements; Ch. 7, False Statements in a Business Context; Ch. 11, Franchise Law; Ch. 16, Damages in Business Tort Actions; Ch. 19, Recovery of Attorneys’ Fees; and Ch. 20, Calculating and Proving Damages! The Update adds even more discussion of affirmative defenses and settlement considerations.  Additionally, Ch. 13, Privacy, includes a NEW section with extensive discussion of the recently passed Minnesota Consumer Data Protection Act, as well as a NEW Appendix covering other states’ data privacy laws.


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CHAPTER 1
Common Law Fraudulent Misrepresentation and Negligent Misrepresentation
Introduction; Elements of Fraudulent Misrepresentation; Falsity; Representation By Affirmative Misstatement or By Omission; Past or Existing Facts Susceptible of Knowledge; Direct Contact Not Required; Materiality; Fraudulent Intent; Actual Reliance; Reasonable Reliance; Secondary Liability: Aiding and Abetting Fraud; Damages and Remedies; Negligent Misrepresentation; Pleading Requirements and Standard of Proof; Statute of Limitations
– Michael M. Krauss

CHAPTER 2
Statutory Fraud Laws
Introduction; Scope of Statutory Fraud Laws; Establishing Liability for Violation of Prohibited Conduct Under Statutory Fraud Laws; Private Rights of Action
– Aaron D. Van Oort, Rory F. Collins & Bryan K. Washburn

CHAPTER 3
Conversion and Unjust Enrichment
Introduction; Elements of Conversion; Nature of the Property at Issue; Defenses to Conversion; Remedies for Conversion; Statute of Limitations; Conversion of Negotiable Instruments; Unjust Enrichment; Standard of Proof
– Matthew C. Robinson

CHAPTER 4
Trade Secrets
Introduction; Elements of a Misappropriation Claim and How to Prove Them; Available Defenses; Damages, Injunctions, and Other Relief; Investigating, Pleading, Discovering, and Presenting Trade Secret Claims; Appendix A – Investigation and Discovery Strategies Checklist
– Forrest K. Tahdooahnippah & Shannon L. Bjorklund

CHAPTER 5
Noncompetition Agreements: The “Reasonable” Restraint of Trade
The Environment for Noncompetes; The Realm of the Noncompete Agreement; Protectable Interests; The Rule of Reasonableness; Consideration for Noncompete Agreements; Survival of Restrictive Covenants Upon Termination of Agreement; Tortious Interference with Noncompete Agreements; The Relationship Between Noncompete Agreements, Trade Secret Protections, and the Doctrine of Inevitable Disclosure; Governing Law; Jurisdiction and Venue; Additional Defenses; Equitable Relief; Damages and Attorney’s Fees
– John T. Duffey

CHAPTER 6
Unfair Trade Practices
Introduction; The Lanham Act Section 43(a)(1)(B); Standing Under the Lanham Act; Elements of a Claim Under Section 43(a)(1)(B); Defenses to False Advertising Claims Under the Lanham Act; Remedies for False Advertising Under the Lanham Act; Settlement Considerations for Lanham Act Claims; Minnesota Uniform Deceptive Trade Practices Act; Standing Under UDTPA; Elements of a Claims Under the UDPTA; Defenses to a Claim under the UDTPA; Remedies For a Claim Under the UDTPA; Minnesota’s False Statement in Advertising Act; Standing under the FSAA; Elements of a Claim Under the FSAA; Defenses to a Claim under the FSAA; Remedies for a Claim Under the FSAA; Defenses to a Claim Under the FSAA; Remedies for a Claim Under the FSAA; Common Law Claim for False Advertising
– Anna Barton & Mike Sheran

CHAPTER 7
False Statements In A Business Context: Business Defamation, Product Disparagement, and False Advertising
Introduction; Business Defamation; Product Disparagement; False Advertising; Conclusion
– Daniel J. Cragg & Robert T. Dube Jr.

CHAPTER 8
Tortious Interference
Overview; Elements; Defenses; Parties
– Patrick M. Fenlon & Kathy S. Kimmel

CHAPTER 9
Fiduciary Duty
Introduction; Defining Fiduciary Duty; Other Fiduciary Relationships: Close Corporations, Partnerships, LLCs, and Trustees; Breaching Fiduciary Duties; Business Judgment Rule as Defense; Damages and Remedies;
– Janel M. Dressen & Peter J. McElligott

CHAPTER 10
RICO
Introduction; What Constitutes a RICO Violation?; Civil Remedies under 18 U.S.C. § 1964(c); Conspiracies to Violate RICO – 18 U.S.C. § 1962(d); Claims for Investment Injuries – 18 U.S.C. § 1962(a); RICO’s Statute of Limitations; Conclusion
– Jeffrey E. Grell

CHAPTER 11
Franchise Law
Introduction; Minnesota Franchise Laws Generally; Legal Definition of a Franchise; Territorial Application; Registration and Disclosure Laws; Relationship Laws; Civil Remedies For Violations of the Act; Civil and Criminal Penalties for Violations; Limitations of Actions; Affirmative Defenses; Settlement Considerations
– David C. Archer & Elizabeth S. Dillon

CHAPTER 12
Credit and Collection
Introduction; The Fair Debt Collection Practices Act of 1977; The Fair Credit Reporting Act of 1971; The Truth in Lending Act of 1968; Equal Credit Opportunity Act of 1974; Minnesota Usary Law
– Joseph M. Windler

CHAPTER 13
Privacy
Introduction; Development of Privacy Tort; Invasion of Privacy by Appropriation; Intrusion Upon Seclusion; Invasion of Privacy by Public Disclosure; Invasion of Privacy by False Light; State and Federal Statutes; Conclusion; Appendix A – State Privacy Legislation Chart
– Christopher A. Young & Sarah G. Voeller

CHAPTER 14
Insurance Coverage
Introduction; Why Liability Insurance Coverage Matters; What to Seek From Business Client and/or Business Client’s Insurer; Basic Types of Liability Insurance for Business Torts; Fundamentals of Policy Construction; When Coverage is In Doubt: The Uses and Potential Misuses of Miller-Shugart Settlements; Conclusion
– Honorable Jerome B. Abrams (Ret.) & Ariel K. Lierz

CHAPTER 15
Class Actions
Introduction; Requirements in Class Actions; Issues Related to Initial Stage of Class Actions; Motion for Class Certification; Appeals From Class Certification Orders; Class Notice; Settlement; Trials; Attorney’s Fee Awards
– Todd A. Notebloom, David M. Cialkowski, Michael J. Laird, Emily M. Asp & Sharon R. Markowitz

CHAPTER 16
Damages in Business Tort Actions
Introduction; Economic Loss Doctrine; Lost Profits; Mitigation; Nominal Damages; Punitive Damages; Attorney’s Fees; Common Law Fraud; Minnesota Consumer Fraud Laws; The Lanham Act, 15 U.S.C. §§ 1111–1129; Conversion; Trespass; Defamation; Privacy Claims; Misappropriation of Trade Secrets; Fiduciary Duty: Duty of Loyalty and Duty of Confidentiality; Tortious Interference with Contractual Relations and Tortious Interference with Prospective Economic Advantage
– Wade S. Davis & Jeffrey W. Post

CHAPTER 17
Consequential, Special, and Incidental Damages
Introduction; What are Consequential, Special, and Incidental Damages?; General Requirements for Enforceability of Liability Limitations; Specific Enforceability Concerns; What Does the Uniform Commercial Code Teach?; Tips for Transactional Attorneys; Ambiguity Should be Eliminated; Conclusion
– Bryant D. Tchida & Kelly C. Engebretson

CHAPTER 18
Duty To Mitigate
Introduction; Nature and Purpose of the Obligation; Pleading Requirements and Standard of Proof; Applications
– Aaron G. Thomas 

CHAPTER 19
Recovery of Attorney’s Fees
Introduction; When Attorney’s Fees Are Recoverable; Determining the Amount of Attorney’s Fees; Requesting Attorney’s Fees
– Honorable Jeanne M. Cochran & Jennifer A. Hobbs

CHAPTER 20
Calculating and Proving Damages in Commercial Litigation: Methodologies and Challenges
Introduction; Lost Profits; Disgorgement/Unjust Enrichment; Out-Of-Pocket Losses; Diminution in Value; Loss of Goodwill; Trade Secret Misappropriation; Discounting of Future Damages to Present Value
– Elsa M. Bullard & Thomas J. Gorowsky

CHAPTER 21
Minnesota Uniform Voidable Transactions Act
Legal Background; Avoiding Transfers and Obligations Under MUVTA; MUVTA in Bankruptcy; Best Practices to Mitigate Fraudulent Transfer Risk
– Peter Kieselbach, Hannah Conrad & Carlos Alonso Gayon

Table of Authorities
Subject Index

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MEMBER PRICE
$99.00
STANDARD PRICE
$199.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.
PRE-ORDER TODAY!
Hard copy deskbook including the 2025 update to be released by the end of February. LinkedLaw deskbook access available immediately, with update seamlessly incorporated when released.
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