Business Commons^™

4th And 205: How A Rush Of Global Comments Blocked The Sec’S First Attempted Punt Of Attorney-Client Privilege Under Sarbanes-Oxley, John Paul Lucci

Touro Law Review

No abstract provided.

Homeland Self Storage Management Llc Order Appointing James F. Hart As Special Master For Financial Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Homeland Self Storage Management Llc Order Deferring Defendants' Motion For Protective Order And Appointment Of Special Master For Financial Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Women In The Crowd Of Corporate Directors: Following, Walking Alone, And Meaningfully Contributing, Joan Macleod Heminway

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

In Re Ebix Inc. Shareholder Derivative Litigation Stipulation And Order Of Dismissal With Prejudice, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Strike Complaint, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Iniciativas Legais Para O Desenvolvimento Da Governança Corporativa No Mercado Financeiro E De Capitais Brasileiro, Felipe Chagas Villasuso Lago

Felipe Chagas Villasuso Lago Mr.

The study of Corporate Governance is of utmost importance for the development of transparency and ethics in the conduct of public and private institutions activities. Corporate governance has been important for the development of relations between the shareholder and the senior management of companies, employees, suppliers, customers, banks and other lenders, Regulators and the community as a whole. The study of such practice goes beyond legal issues and also involves economic analysis and policy for discussing the best strategy to ensure the return on investment or consideration, in the case of public service. The Financial and Capital Market are industries …

Shareholder Activism As A Corrective Mechanism In Corporate Governance, Paul Rose, Bernard S. Sharfman

BYU Law Review

Under an Arrowian framework, centralized authority and management provides for optimal decision making in large organizations. However, Kenneth Arrow also recognized that other elements within the organization, beyond the central authority, occasionally may have superior information or decision-making skills. In such cases, such elements may act as a corrective mechanism within the organization. In the context of public companies, this Article finds that such a corrective mechanism comes in the form of hedge fund activism, or, more accurately, offensive shareholder activism.

Offensive shareholder activism operates in the market for corporate influence, not control. Consistent with a theoretical framework that protects …

Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

La Famiglia Trust Order On Defendants' Motion To Dismiss, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Southern Telecom Order On Motions For Sanctions, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Determining A Partner's Share Of Unrealized Receivables At The Liquidation Of The Partner's Interest, Stephen Utz

Stephen Gerard Utz

Partnership law allows partners great freedom to vary the terms on which they share partnership profits from different sources. Partnership tax law, however, seems to presume, for purposes of the collapsible partner rules, that partners will share the revenue from the collection of receivables always in proportion to the value of their partnership interests. This counterfactual presumption exposes both the government and partner/taxpayers to unfortunate consequences. A substance-over-form approach to the attribution of unrealized receivables would certainly be unworkable, because too costly and intrusive to administer. Something between substance-over form and form-over-substance would best implement the policy of Subchapter K …

Frank Frohman, Derivatively On Behalf Of Aaron's Inc., Order And Final Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Viken Securities Limited Et Al Order On Motion To Compel, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Global Aerospace, Inc. Order On Defendants' Emergency Second Motion For Orders Compelling Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

City Of Atlanta Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Global Aerospace Inc. Second Order On Defendants' Amended Motion For Order Compelling Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Homeland Self Storage Management, Llc Order Denying Defendants' Motion To Stay, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Michael D. Sullivan Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Global Aerospace, Inc. Order On Defendant's Motion To Compel Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

New York Stock Exchange, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview of the origins and early development of the New York Stock Exchange.

Confronting The Peppercorn Settlement In Merger Litigation: An Empirical Analysis And A Proposal For Reform, Jill E. Fisch, Sean J. Griffith, Steven M. Davidoff

Steven Davidoff Solomon

Shareholder litigation challenging corporate mergers is ubiquitous, with the likelihood of a shareholder suit exceeding 90%. The value of this litigation, however, is questionable. The vast majority of merger cases settle for nothing more than supplemental disclosures in the merger proxy statement. The attorneys that bring these lawsuits are compensated for their efforts with a court-awarded fee. This leads critics to charge that merger litigation benefits only the lawyers who bring the claims, not the shareholders they represent. In response, defenders of merger litigation argue that the lawsuits serve a useful oversight function and that the improved disclosures that result …

Framing A Purpose For Corporate Law, William W. Bratton

All Faculty Scholarship

This article seeks to frame a short statement of purpose for corporate law on which all reasonable observers can agree. The statement, in order to succeed at its intended purpose, must satisfy two strict conditions: first, it must have enough content to be meaningful; second, it must be completely uncontroversial, both descriptively and normatively. The exercise, thus described, involves avoiding the issues that occupy center stage in discussions about corporate law while at the same time highlighting the discussants’ generally held presuppositions. Three closely interconnected issues arise. First, whether the statement of the purpose of corporate law should speak in …

Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas

Faculty and Staff - Articles & Papers

This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated …

Order On Defendant's Motion To Dismiss Plaintiffs' Verified Complaint (Harmony Land Company, Llc Et Al.), Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Order Granting Interlocutory Injunction (Runzhou Zhang Et Al.), Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.