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Articles 1 - 4 of 4
Full-Text Articles in Business
The Future Of General Jurisdiction: The Effects Of Daimler Ag V. Bauman, Stephanie Denker
The Future Of General Jurisdiction: The Effects Of Daimler Ag V. Bauman, Stephanie Denker
Fordham Journal of Corporate & Financial Law
The Due Process Clause requires a court to have jurisdiction over a lawsuit before binding the parties to its judgment. However, before 2014, the Supreme Court had not addressed whether a court could impute a subsidiary's contacts to its parent corporation for jurisdictional purposes. Because of this oversight, the Courts of Appeals split over how to impute a subsidiary's contacts. Some courts apply the agency test, while other courts apply variations of the alter ego test. As a result, courts inconsistently asserted jurisdiction over multinational corporations, leading plaintiffs to forum shop and corporations to speculate which forums might assert jurisdiction …
Reinstating Employer Accountability By Protecting All Forms Of Whistleblowing: Erisa Section 510, Roshni Hemlani
Reinstating Employer Accountability By Protecting All Forms Of Whistleblowing: Erisa Section 510, Roshni Hemlani
Fordham Journal of Corporate & Financial Law
In the United States, employers who have little formal accountability largely manage health and retirement benefits of the working class. Employers face an enormous amount of responsibility to properly manage and protect the health and retirement benefits of their employees and their families. These organizational entities, however, are not subject to similar institutional safeguards as major public pension funds. Thus, Congress enacted the Employment Retirement Income Securities Act to charge employers with fiduciary duties of care over such plans. However, the remedies for those who breach their duty by mishandling funds or arbitrarily dispensing and denying benefits are quite limited. …
Chapter 11 Asset Sales: Will There Be A Chilling Effect On Section 363(K) Credit Bidding After In Re Fisker Automotive Holdings Llc?, Riley Orloff
Fordham Journal of Corporate & Financial Law
No abstract provided.
Politics In The American Airlines-U.S. Airways Merger And Antitrust Settlement, Michelle Chan
Politics In The American Airlines-U.S. Airways Merger And Antitrust Settlement, Michelle Chan
Fordham Journal of Corporate & Financial Law
American Airlines was one of the airline industry’s darlings. A legacy airline, it was a household name, a massive entity, employed thousands, and commanded a fearsome presence among other industry players like unions and airport terminals. However, with ballooning costs and the red ocean airline industry’s evolution, American Airlines’ parent company, AMR, was forced into bankruptcy in November 2011. To emerge from Chapter 11, American Airlines and U.S. Airways announced plans to merge and come out a stronger, larger airline in February 2013. The Department of Justice Antitrust Division shortly thereafter filed a lawsuit opposing the merger, alleging it would …