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An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred
An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred
Richmond Journal of Law & Technology
“Crowdfunding” is the raising of small amounts of money from many different sources for a particular purpose. Today, this usually takes place online.2 Crowdfunding has become a popular means of raising funds for a wide variety of projects, causes, and business ventures. Websites like Kickstarter, Indiegogo, and Crowdfunder allow people to create a profile for their project and solicit contributions from the general public in support.
The Extraterritorial Reach Of United States Securities Actions After Morrison V. National Australian Bank, Nathan Lee
The Extraterritorial Reach Of United States Securities Actions After Morrison V. National Australian Bank, Nathan Lee
Richmond Journal of Global Law & Business
No abstract provided.
A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde
A New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde
Richmond Journal of Global Law & Business
No abstract provided.
High-Frequency Trading: A Regulatory Strategy, Charles R. Korsmo
High-Frequency Trading: A Regulatory Strategy, Charles R. Korsmo
University of Richmond Law Review
No abstract provided.
Universal Anti-Bribery Legislation Can Save International Business: A Comparison Of The Fcpa And The Ukba In An Attempt To Create Universal Legislation To Combat Bribery Around The Globe, Lindsey Hills
Richmond Journal of Global Law & Business
No abstract provided.
"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick
"Ice" Capades: Restitution Orders And The Fcpa, Shane Frick
Richmond Journal of Global Law & Business
No abstract provided.
An Examination Of Foreign Corrupt Practices Act Issues, Mike Koehler
An Examination Of Foreign Corrupt Practices Act Issues, Mike Koehler
Richmond Journal of Global Law & Business
This article provides an overview of 2012 Foreign Corrupt Practice Act enforcement and examines the top FCPA issues from the year. The goal of the article is to place FCPA enforcement in better context and provide readers a more informed base in analyzing enforcement trends, assess- ing enforcement agency rhetoric and policy positions, and in sifting through the mounds of information disseminated by FCPA Inc.
The North American Free Trade Agreemetn: Looking At The Binational Panel System Through The Lens Of Free Enterpresie Fund, John J. Garman, Matthew K. Bell
The North American Free Trade Agreemetn: Looking At The Binational Panel System Through The Lens Of Free Enterpresie Fund, John J. Garman, Matthew K. Bell
Richmond Journal of Global Law & Business
This paper examines the constitutionality of the binational panels of the North American Free Trade Agreement (“NAFTA”) under the United States Constitution. Part I provides an overview of the binational panel process. Part II outlines the process for challenging the constitutionality of binational panels and the obstacles that must be overcome. Part III discusses possible violations of the Due Process Clause. Part IV analyzes the constitutionality of binational panels under Article II of the United States Constitution. Part V examines the constitutional implications of Article III with respect to the absence of judicial review. Part VI is a case-by-case analysis …
The Road Not Taken: Rethinking Securities Regulation And The Case For Federal Merit Review, Daniel J. Morrissey
The Road Not Taken: Rethinking Securities Regulation And The Case For Federal Merit Review, Daniel J. Morrissey
University of Richmond Law Review
No abstract provided.
Post-Sox Trends In Delistingsand Deregistration, Samuel Wolff, Clarence D. Long Iv
Post-Sox Trends In Delistingsand Deregistration, Samuel Wolff, Clarence D. Long Iv
Richmond Journal of Global Law & Business
No abstract provided.
Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick
Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick
University of Richmond Law Review
No abstract provided.
Demythologizing The Stock Exchange: Reconciling Self-Regulation And The National Market System, Onnig H. Dombalagian
Demythologizing The Stock Exchange: Reconciling Self-Regulation And The National Market System, Onnig H. Dombalagian
University of Richmond Law Review
No abstract provided.
After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares
After The Argentine Crisis: Can The Imf Prevent Corruption In Its Lending? A Model Approach, Juan Carlos Linares
Richmond Journal of Global Law & Business
No abstract provided.
The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr.
The Irrelevance Of State Corporate Law In Governance Of Public Companies, J. Robert Brown Jr.
University of Richmond Law Review
No abstract provided.
Where Were The Counselors - Reflections On Advice Not Given And The Role Of Attorneys In The Accounting Crisis, William O. Fisher
Where Were The Counselors - Reflections On Advice Not Given And The Role Of Attorneys In The Accounting Crisis, William O. Fisher
Law Faculty Publications
Today's reports of corporate villainy invite these questions: Restricting ourselves to what the profession knew in the last days of the late 1990s soaring stock market, what advice might attorneys have given-about the temptations of deceptive accounting and the defenses to erect against it-to young executives who were taking their companies public then? And, if attorneys did not always give that counsel in fulsome form, why was that so? What forces worked on lawyers to deter that advice? What does all this suggest for counseling today? To help us answer these questions, we begin with two scenes. We return to …
Rebuilding Accountability In The Boardroom, Stephen M. Davis
Rebuilding Accountability In The Boardroom, Stephen M. Davis
Richmond Journal of Global Law & Business
No abstract provided.
Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley
Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley
Richmond Journal of Global Law & Business
On July 30, 2002, in an effort to demonstrate to the American public a resolve to crack down on corporate scandals such as Enron, Adelphia, WorldCom, and Global Crossing, President Bush signed into law the “Sarbanes-Oxley Act of 2002”. Proclaiming that the new law will restore investor confidence, reform the oversight of public accounting and increase the transparency of corporate financial statements…
An Overview Of The Virginia Ucita, Carlyle C. Ring Jr.
An Overview Of The Virginia Ucita, Carlyle C. Ring Jr.
Richmond Journal of Law & Technology
Virginia has taken a strong and important leadership in establishing rules for the Information Highway through the Joint Committee on Technology and Science (JCOTS) and Delegate Joe T. May. Without the Uniform Computer Information Transactions Act (UCITA) no established rules exist in common law for the Information Highway, which means that each judge must create the rules in each case as it arises. Every judge will make his own rules for the particular case. This results in great inconsistency and uncertainty adversely affecting the realization of the full potential of the Information Age economy. Governor Gilmore states: In 2000, Virginia …
Building A Strong Subnational Debt Market, Paul S. Maco
Building A Strong Subnational Debt Market, Paul S. Maco
Richmond Journal of Global Law & Business
Decentralization of responsibility for finance and growing infrastructure needs are two trends that are expected to stimulate a growth in government borrowing at the sub-national level. Statistics for the first half of 2000 show a significant increase in sub-national debt volume, with global public finance, excluding Canada and the United States, more than doubling that of the first half of 1999.
The Misappropriation Theory Under The Chinese Securities Law - A Comparative Study With Its U.S. Counterpart, Wenyan Ma
Richmond Journal of Global Law & Business
The first stock exchange in China, the Shanghai Stock Exchange, opened n December 1990. Since then, China’s securities market has been a journey of unprecedented development. However, the fledgling securities market is troubled by rampant securities fraud, evidence by Chinese officials’ open admission that investment in China’s securities market is very risky because of fraud and corruption. After a tortuous six-year drafting process, on December 29, 1998, the Chinese parliament passed the country’s first national Securities Law (“the Chinese Securities Law”), hoping to regulate the overwhelming fraud and corruption in China’s securities market. The Chinese Securities Law devoted one entire …
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
University of Richmond Law Review
In the past, the traditional question posed by unions was: "which side are you on?"--presenting a clear choice between labor and capital. As membership and bargaining power fall, however, unions are asserting their rights as shareholders to influence corporate decision making outside the conventional labor law framework. Because the National Labor Relations Act does not adequately protect workers' rights, unions have devised innovative methods as shareholders to exercise unprecedented power over managers. In only a few years, labor-shareholders have become highly visible players in the institutional shareholder movement. As a group, labor-shareholders submit one of the largest numbers of shareholder …
Annual Survey Of Virginia Law: Business And Corporate Law, George Clemon Freeman Iii.
Annual Survey Of Virginia Law: Business And Corporate Law, George Clemon Freeman Iii.
University of Richmond Law Review
This article surveys major developments between May, 1991 and June 1, 1992 that affect business and corporate law in Virginia. Part I discusses major decisions in United States courts. Part II reviews major decisions in Virginia courts. Part III summarizes laws enacted by the Virginia General Assembly during the 1992 Session.
The Misappropriation Theory: A Practical Means Of Imposing Rule 10b-5 Liability, Christine Marra
The Misappropriation Theory: A Practical Means Of Imposing Rule 10b-5 Liability, Christine Marra
University of Richmond Law Review
The degree of insider trading has intensified in recent years. This intensification is partially due to the current law's failure to provide a clear standard for imposing liability. Rule 10b-5, formulated by the Securities and Exchange Commission (SEC) to implement section 10(b) of the Securities Exchange Act of 1934, does not contain a clear definition of insider trading. The courts have struggled to define the scope of 10b-5; the leading case law demonstrates the difficulty courts have had determining what constitutes insider trading.
The Defensive And Offensive Use Of "Poison Pills" Within The Business Judgment Rule, Wendy B. Gayle
The Defensive And Offensive Use Of "Poison Pills" Within The Business Judgment Rule, Wendy B. Gayle
University of Richmond Law Review
Corporate directors owe fiduciary duties of care and loyalty to the corporation and its shareholders as a result of their position of control. In general, the standard for the duty of care owed by a director is one of a prudent person in similar circumstances. The duty of loyalty prohibits directors from engaging in self-dealing transactions and acts of bad faith.
Dan River, Inc. V. Icahn: Disclosure Violations - Relief For Subject Management?, Carolyn C. Lavecchia, R. Stephen Nelson Jr.
Dan River, Inc. V. Icahn: Disclosure Violations - Relief For Subject Management?, Carolyn C. Lavecchia, R. Stephen Nelson Jr.
University of Richmond Law Review
The heightened level of takeover activity during recent years has provoked many innovative responses from the management of subject companies that wish to remain independent. Since successful acquisition of a company usually involves the termination of its existing management, that management will often seek to mobilize the resources of the subject corporation to oppose the takeover attempt. As a result, litigation initiated by management now plays a part in virtually every takeover contest. The case of Dan River, Inc. v. Icahn, a recent Fourth Circuit decision, illustrates the use of litigation to forestall a takeover attempt.
Collateral Estoppel, Rose M. Alexander, Ofie T. Rubin, Anita G. Vaughn, Carol L. Wingo
Collateral Estoppel, Rose M. Alexander, Ofie T. Rubin, Anita G. Vaughn, Carol L. Wingo
University of Richmond Law Review
The doctrine of collateral estoppel involves the use of an old judgment in a new action to prevent the relitigation of issues resolved by that old judgment. At common law, use of the doctrine required that the party using collateral estoppel and the party against whom it was used be the same as the parties to the prior judgment. This common law requirement of mutuality has been relaxed and since the United States Supreme Court's 1979 decision in ParklaneHoisery Co. v. Shore, the strict common law requirement of mutuality has all but completely vanished. In Parklane the Court sanctioned the …
Panterv. Marshall Field & Co.: The Good Faith Standard For Corporate Directors, Lavinia A. James
Panterv. Marshall Field & Co.: The Good Faith Standard For Corporate Directors, Lavinia A. James
University of Richmond Law Review
Corporate directors traditionally have been immunized from liability for corporate actions involving questions of policy or "business judgment," if such actions are taken in the exercise of due care, in good faith, and in compliance with applicable fiduciary duties. Judicial review of decisions made by corporate boards of directors in unsolicited takeovers generally has been barred by this business judgment rule. A recent challenge to this precept was brought in Panter v. Marshall Field & Co., a Seventh Circuit decision which highlighted many of the issues surrounding application of the business judgment rule in the context of a take-over attempt.
Restraints On Incumbent Directors In Intracorporate Battles For Control, Aaron Yoran
Restraints On Incumbent Directors In Intracorporate Battles For Control, Aaron Yoran
University of Richmond Law Review
Editor's Note: The first portion of Dr. Yoran's article, dealing with directors' maneuvering power in closed corporations, appeared in the Winter issue of the Review.
Limitations On Defenses Under 10 (B): In Pari Delicto And Unclean Hands, G. Andrew Nea Jr.
Limitations On Defenses Under 10 (B): In Pari Delicto And Unclean Hands, G. Andrew Nea Jr.
University of Richmond Law Review
The evolution 'and development of the corporate conglomerate has been the most significant factor in the growth of twentieth century American enterprise. Corporate growth has far outdistanced that of alternative forms of business. The purchase and sale of an increasing volume of corporate securities has permitted management to raise impressive quantities of capital, and has allowed numerous investors to share in the profits realized from the judicious use of their funds.