Perspective
Mar. 2, 2012
Constructive trusts: the key to disgorgement
Disgorging a defendant's ill-gotten gains is not always easy in California - why constructive trusts may be the key. By J.D. Weiss of Jenner & Block LLP
Frequently, a plaintiff asserting claims for business torts will have damages that are dwarfed by the defendant's gain from his alleged wrongdoing. In such cases, the plaintiff will want to disgorge the defendant's profits in order to maximize his recovery. Fully confiscating a tortfeasor's wrongly acquired lucre is important for policy reasons as well - if the law allowed a wrongdoer to keep the profits traceable to the commission of a ...
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