Measuring Unjust Enrichment

BVResearch Pro
Training Event Transcripts
December 27, 2016
George P. Roach, MBA, JD

Summary

Choosing the right approach to measuring damages is critical for the best outcome. At times, unjust enrichment may be the only possible financial remedy. At other times, especially in claims for intellectual property, fiduciary duty, or fraud, the measurement principles for unjust enrichment may provide a superior alternative remedy for the client’s case. This remedy does not require economic projections or discount rates, but rather an understanding of their legal rationale. In this session with George Roach, learn the legal background and rationale for unjust enrichment and how its measurement is distinct. The application and measure of unjust enrichment is then contrasted with standard approaches to demonstrate how its distinctions are sometimes advantageous, especially in relation to corporate disputes. As a bonus, hear a discussion on the increasingly popular topic of compensation forfeiture (relating to disloyalty or a breach of fiduciary duty by an employee or agent), and learn how it can be stacked on top of actual and punitive damages for a greater result.
Measuring Unjust Enrichment
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