# Litigation

`kaal:entity:litigation`

**Status.** derived

This node is assembled mechanically from the 8 claims that carry the concept tag `litigation`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

8 claims across 6 works, 2013 to 2024.

**2013**

- [2317580-015](https://wulfkaal.github.io/claims/2317580-015) [mechanism/evidenced] -- CIAs often become the benchmark for expected conduct in a subsequent civil or criminal trial, which distinguishes them from ordinary contractual arrangements between companies and the government.
  > CIAs often become the standard for expected conduct in a civil or criminal trial.
  Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580
- [2348463-032](https://wulfkaal.github.io/claims/2348463-032) [failure/argued] *(failure mode)* -- Restricting Form PF data to the eyes of the bankruptcy judge alone would create problems in the litigation process, because opposing parties may demand access to the same information.
  > However, making creditors' Form PF data available for the eyes of the judge only could raise issues in the litigation process because parties may demand access to the same information.
  Wulf A. Kaal, Hedge Funds’ Systemic Risk Disclosures in Bankruptcy (2013). SSRN: https://ssrn.com/abstract=2348463

**2016**

- [2831040-005](https://wulfkaal.github.io/claims/2831040-005) [failure/argued] *(failure mode)* -- The most widely recognized drawbacks of traditional rulemaking under the Administrative Procedure Act are its lack of speed, its cumbersomeness, and the volume of litigation generated by its notice and comment procedures.
  > The most traditional and widely recognized drawbacks of the traditional rulemaking system under the Administrative Procedure Act (APA) include its lacking speed, cumbersomeness, and the quantity of litigation it generates via its notice and comment procedures
  Wulf A. Kaal, Dynamic Regulation for Innovation (2016). SSRN: https://ssrn.com/abstract=2831040
- [2831040-018](https://wulfkaal.github.io/claims/2831040-018) [failure/argued] *(failure mode)* -- Litigation in the court system can take years, which increases the likelihood that courts will not react in a timely manner, much less in real time, to exponential innovation.
  > Litigation in the court system can take years, which increases the likelihood that the court system will not react in a timely manner, much less in real-time, to exponential innovation.
  Wulf A. Kaal, Dynamic Regulation for Innovation (2016). SSRN: https://ssrn.com/abstract=2831040
- [2831040-019](https://wulfkaal.github.io/claims/2831040-019) [predictive/asserted] -- Dynamic regulatory mechanisms are already replacing litigation and will continue to replace it.
  > Dynamic regulatory mechanisms are already replacing and will continue to replace litigation.
  Wulf A. Kaal, Dynamic Regulation for Innovation (2016). SSRN: https://ssrn.com/abstract=2831040

**2017**

- [2998097-028](https://wulfkaal.github.io/claims/2998097-028) [failure/argued] *(failure mode)* -- Despite the rising relevance of investment due diligence and increasing due diligence litigation, the private fund industry is largely left to its own devices to ensure adequate due diligence standards.
  > Despite the increasing relevance of investment due diligence in the capital formation and allocation process and despite increasing litigation in the context of investment due diligence, the industry is mostly left to its own devices to ensure adequate due diligence standards apply.
  Wulf A. Kaal, Private Investment Fund Regulation - Theory and Empirical Evidence from 1998 to 2016 (2017). SSRN: https://ssrn.com/abstract=2998097

**2021**

- [3808859-023](https://wulfkaal.github.io/claims/3808859-023) [failure/argued] *(failure mode)* -- Courts expanded software patentability without proof that it would increase innovation, and the result was that corporations filed and acquired thousands of software patents used to strategically undermine competitor projects.
  > What makes things worse, courts decided to increase the protections for software despite lacking proof that additional patentability of software would increase the level of innovation.
  Wulf A. Kaal, Decentralization – Why We Need Technology Infrastructure Upgrades (2021). SSRN: https://ssrn.com/abstract=3808859

**2024**

- [4957318-005](https://wulfkaal.github.io/claims/4957318-005) [mechanism/argued] -- Inconsistent application of a proliferating body of law by different judges and regulatory bodies produces unpredictable legal outcomes, which increases litigation as parties seek judicial clarification and in turn undermines public confidence in the legal system.
  > Inconsistencies in the application of laws by different judges or regulatory bodies can result in unpredictable legal outcomes, thereby increasing litigation as parties seek judicial clarification. This inconsistency further undermines public confidence in the legal
  Wulf A. Kaal, The Future of Law - Dynamic Web3 Governance (2024). SSRN: https://ssrn.com/abstract=4957318

## Verify

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/litigation.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.