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Alan G. White and Rene Befurt

We discuss the use of regression analysis to evaluate harm in a breach of contract case involving allegations that the licensor of a product failed to use commercially reasonable efforts to promote and sell the product. Regression analysis has been widely used and accepted by US courts across a large variety of different types of cases, including labor discrimination cases, antitrust cases, and intellectual property cases. In cases involving marketing issues, regression analysis is frequently used to determine the effect of promotion on sales.