Business Commons^™

Dentistry And The Law: Why Dentists Must Pay Attend To Antitrust Law, Dan Schulte Jd

The Journal of the Michigan Dental Association

In this month’s Dentistry and the Law column, Dan Schulte, JD, MDA Legal Counsel, emphasizes the importance of understanding antitrust laws for dentists. He explains that agreements between competitors that restrain trade are illegal and highlights the risks of price-fixing and group boycotts. Dentists should avoid any activities that may be construed as anticompetitive. Enforcement of antitrust laws can lead to criminal or civil actions, making awareness crucial.

Legal Risk And Insider Trading, Marcin Kacperczyk, Emiliano Sebastian Pagnotta

Research Collection Lee Kong Chian School Of Business

Do illegal insiders internalize legal risk? We address this question with hand-collected data from 530 SEC (the U.S. Securities and Exchange Commission) investigations. Using two plausibly exogenous shocks to expected penalties, we show that insiders trade less aggressively and earlier and concentrate on tips of greater value when facing a higher risk. The results match the predictions of a model where an insider internalizes the impact of trades on prices and the likelihood of prosecution and anticipates penalties in proportion to trade profits. Our findings lend support to the effectiveness of U.S. regulations' deterrence and the long-standing hypothesis that insider …

Combating Luxury Brand Counterfeiting: Recommended Action Strategies, Md Shahidul Islam

Association of Marketing Theory and Practice Proceedings 2023

In the past few decades, luxury brand counterfeiting has grown significantly worldwide, and this growth caused considerable damage to the knowledge-based globalized economy and the brands. The rapid development of e-commerce business, primarily during the pandemic, has facilitated the counterfeiting trades through small shipments by different modes of transportation. Counterfeit products can be found in many industries, such as common consumer goods, IT goods, agriculture goods, pharmaceutical items, and luxury items (fashion apparel). The measures adopted to combat luxury brand counterfeiting are minimal to what should have been done. This study proposes that social media activism against counterfeiting is critical …

Regulating By New Technology: The Impacts Of The Sec Data Analytics On The Sec Investigations, Tian Deng

Dissertations and Theses Collection (Open Access)

Despite the Securities and Exchange Commission’s (SEC) growing emphasis on data analytics in recent years, there is scant research about whether the investment in data analytics accomplishes its objective of enhancing enforcement efficiency. This study examines the effects of the SEC regional offices’ use of data analytics on their investigation outcomes. The utilization of data analytics reduces information processing costs, thereby streamlining the enforcement process as a whole. I find that the SEC’s use of data analytics is associated with a 12% increase in the SEC’s investigation success rate. Such an improvement is greater for firms whose disclosure are more …

Hired By A Machine: Can A New York City Law Enforce Algorithmic Fairness In Hiring Practices?, Lindsey Fuchs

Fordham Journal of Corporate & Financial Law

Workplace antidiscrimination laws must adapt to address today’s technological realities. If left underregulated, the rapidly expanding role of Artificial Intelligence (“AI”) in hiring practices has the danger of creating new, more obscure modes of discrimination. Companies use these tools to reduce the duration and costs of hiring and potentially attract a larger pool of qualified applicants for their open positions. But how can we guarantee that these hiring tools yield fair outcomes when deployed? These issues are just starting to be addressed at the federal, state, and city levels. This Note tackles whether a new city law can be improved …

Blacking Out Congressional Insider Trading: Overlaying A Corporate Mechanism Upon Members Of Congress And Their Staff To Curtail Illegal Profiting, Nicholas Gervasi

Fordham Journal of Corporate & Financial Law

Congressional insider trading involves members of Congress or their staff trading on material, nonpublic information attained while executing their official responsibilities. This type of private profit-making, while in a government role, casts doubt on the efficacy and impartiality of lawmakers to regulate companies they hold shares of. Egregious acts of illegal profiting from insider trading based on information entrusted to the government escape prosecution and liability due to fundamental gaps in the common law and the Congress specific statutes lack enforcement. Recent calls on Congress by the public and multiple bipartisan proposed bills in both chambers have begun to address …

Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto

University of Pennsylvania Journal of Business Law

The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a different solution by exploring the adoption of a blockchain system and smart contracts to make the present antitrust enforcement more efficient. In the U.S. approximately ninety percent of no-merger antitrust proceedings are settled by means of consent decrees. However, the consent decree procedure is criticized for a lack of transparency and there is often the need for …

Corporate Crime And Punishment: An Empirical Study, Dorothy S. Lund, Natasha Sarin

All Faculty Scholarship

For many years, law and economics scholars, as well as politicians and regulators, have debated whether corporate criminal enforcement overdeters beneficial corporate activity or in the alternative, lets corporate criminals off too easily. This debate has recently expanded in its polarization: On the one hand, academics, judges, and politicians have excoriated enforcement agencies for failing to send guilty bankers to jail in the wake of the 2008 financial crisis; on the other, the U.S. Department of Justice has since relaxed policies that encouraged individual prosecutions and reduced the size of fines and number of prosecutions. A crucial and yet understudied …

Culture And Enforcement Effects On Insider Trading, Market Reactions, And Firm Value: Evidence From The Market Abuse Regulation, Amanda M. Olsen

Doctoral Dissertations

This dissertation examines the changes to the European Union (EU) law on market abuse, market manipulation, and insider trading regulation made when the Market Abuse Regulation (MAR) was enacted. I detail the changes in comparison to the previous legislation under the Market Abuse Directive (MAD) and changes several Member States made to their domestic legislation to achieve compliance with MAR. I highlight the sanctions imposed in several Member States to argue the severity of punishment under MAR. This analysis provides evidence that MAR brought about a plausibly exogenous shock to the cost of insider trading. Next, I examine the effects …

Quid Pro Quo? The Sec Oversight Enforcement And Corporate Lobbying, Daeun Lee

Dissertations, Theses, and Capstone Projects

Due to the private nature of its internal investigations, research on the SEC oversight enforcement is limited. By distinguishing between enforcement staff’ decision to open an investigation (investigation decision) and commissioners’ authorization of an enforcement action (enforcement decision), this study is the first to examine how these two decisions interplay to overcome the political capture while fulfilling the SEC’s mission to protect investors. First, I do not find evidence that investigation decision is influenced by firms’ political connections, whereas enforcement decision is affected by firms’ lobbying efforts. Collectively, my results imply that there exists a misalignment …

Essays On Evasion And Enforcement In Value Added Tax (Vat), Syed Jawad Ali Shah

Theses and Dissertations--Public Policy and Administration

Value added tax (VAT) based on credit invoice system is the most common consumption tax in the world. Despite its self-regulating nature, VAT faces challenges in developing countries who have limited state capacity to check evasion and enforce tax on informal sectors of the economy. The tax authorities introduce policy interventions that can target the evasive behavior of firms interacting with informal sectors. My dissertation seeks to provide insight into three such policy reforms in Pakistan’s VAT regime. Therefore, this dissertation is composed of three essays.

In first essay of my dissertation, titled “Using Computerization to enforce VAT: Evidence from …

Exploring Customers' Reactions To Enforcement Of Fine Print, Sudipto Sarkar

Theses and Dissertations

The goal of this dissertation is to investigate the effects of enforcement and/or unenforcement of “Fine Print” on consumers’ reactions. “Fine Print” is defined as both the explicit and implicit conditions under which the product/service contract waives firm responsibility and accountability toward unsuccessful product/service experience, and outcome or lack of customer satisfaction with the same. Study 1 examined the interaction effects between “Fine Print” and “Company Size” on trust, satisfaction, repurchase intention, switching intentions, and word-of-mouth in a retailer context. The results revealed significant interaction effects between “Fine Print” and “Company Size” for satisfaction and repurchase intention, where satisfaction and …

Private Company Lies, Elizabeth Pollman

All Faculty Scholarship

Rule 10b-5’s antifraud catch-all is one of the most consequential pieces of American administrative law and most highly developed areas of judicially-created federal law. Although the rule broadly prohibits securities fraud in both public and private company stock, the vast majority of jurisprudence, and the voluminous academic literature that accompanies it, has developed through a public company lens.

This Article illuminates how the explosive growth of private markets has left huge portions of U.S. capital markets with relatively light securities fraud scrutiny and enforcement. Some of the largest private companies by valuation grow in an environment of extreme information asymmetry …

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Tao Of The Dao: Taxing An Entity That Lives On A Blockchain, David J. Shakow

All Faculty Scholarship

In this report, Shakow explains how a decentralized autonomous organization functions and interacts with the U.S. tax system and presents the many tax issues that these structures raise. The possibility of using smart contracts to allow an entity to operate totally autonomously on a blockchain platform seems attractive. However, little thought has been given to how such an entity can comply with the requirements of a tax system. The DAO, the first major attempt to create such an organization, failed because of a programming error. If successful examples proliferate in the future, tax authorities will face significant problems in getting …

Investigating Information Security Policy Characteristics: Do Quality, Enforcement And Compliance Reduce Organizational Fraud?, Dennis T. Brown

Doctor of Business Administration Dissertations

Organizational fraud, a deceitful practice or willful device resorted to with intent to deprive another of his right, or in some manner to do harm or injury, is a growing global concern. While cyberattacks from the outside are more expected, the internal security threat from trusted insiders is responsible for significantly more information compromise than external threats. Information systems make life easier but are increasingly used by employees to perpetrate fraudulent activities. For example, a trusted insider employee with access to sensitive customer databases could misappropriate information and sell it to a competitor for personal gain. These type losses are …

Law Library Blog (October 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

The Real Effect Of The Initial Enforcement Of Insider Trading Laws, Zhihong Chen, Yan Huang, Yuanto Kusnadi, K. C. John Wei

Research Collection School Of Accountancy

Based on a difference-in-differences approach, we find strong evidence that the initial enforcement of insider trading laws improves capital allocation efficiency. The effect is concentrated in developed markets and manifests shortly after the enforcement year. Further analysis shows that the improvement is positively associated with the increase in liquidity around the enforcement year and the opaqueness of the information environment before the enforcement year. The improvement is more pronounced for firms operating in more competitive markets, being more financially constrained, and with more severe agency problems. Finally, we find increased accounting performance after the enforcement and the increase is positively …

Influences On University Staff Members Responsible For Implementation Of Alcohol-Control Policies, Glenn A. Cochran

Graduate Doctoral Dissertations

Excessive college student drinking is a complex problem associated with a range of consequences including deaths, injuries, damage, health risks, legal difficulties, and academic problems. State governing boards, trustees and executives have enacted policies aimed at reducing the negative effects of excessive drinking. This study examined influences on university staff members responsible for implementation of alcohol-control policies. Deeper understanding of factors influencing alcohol-control policy implementation may help leaders improve policy making, implementation and attainment of policy objectives.

This mixed methods study utilized a sequential transformative mixed methods strategy with a quantitative survey, sequenced first, informing the prioritized qualitative multiple case …

Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits

Indiana Journal of Global Legal Studies

A central question in the debate on corporate social responsibility is to what extent CSR codes can be enforced among private parties. This contribution argues that this question is best answered by reference to the applicable doctrinal legal system. Such a doctrinal approach has recently regained importance in American scholarship, while it is still the prevailing method of legal analysis in Europe. Applying a doctrinal analysis of CSR codes allows for the possibility of private law enforcement, that is, enforcement by means of contract or tort, dependent on three different elements: the exact type of claim that is brought, the …

Corporate Codes In The Varieties Of Capitalism: How Their Enforcement Depends On The Differences Among Production Regimes, Gunther Teubner

Indiana Journal of Global Legal Studies

Globalization has reinforced the conflicts among the varieties of capitalism. The colliding units are not just nation states, but transnational production regimes, which cut through national boundaries. The conflicts lead global corporate codes, which are developed by international organizations, to take different directions when they are concretized on the enterprise level. They will be differently enforced according to whether they are located in Liberal Market Economies (LME), adapted to the New Sovereignty of enterprises, or in Coordinated Market Economies (CME) with greater components of social welfare state and economic democracy.

Different patterns of enforcement emerge particularly when the courts have …

A Treaty On Enforcing Human Rights Against Business: Closing The Loophole Or Getting Stuck In A Loop?, Pierre Theilbörger, Tobias Ackermann

Indiana Journal of Global Legal Studies

This Article takes a human rights law perspective on the issue of enforcing corporate social responsibility. While corporations receive a variety of rights under international law, they do not equally hold a corresponding set of duties. The Article assesses the merits and shortcomings of existing initiatives to bridge this gap, in particular the Special Representative to the Secretary-General's (legally nonbinding) Framework and Guiding Principles, as well as the most recent initiative at the United Nations Human Rights Council on developing a (legally binding) treaty on business and human rights. While emphasizing that existing legal frameworks-such as human rights law, international …

Corporate Codes As Private Co-Regulatory Instruments In Corporate Governance And Responsibility And Their Enforcement, Jan Eijsbouts

Indiana Journal of Global Legal Studies

Corporate Social Responsibility (CSR) codes have gained a prominent role as tools in self-regulation for companies to establish their basic values, norms, and rules that condition the conduct of directors, managers, employees, and-increasingly-of suppliers. This development must be seen in the light of two important paradigmatic changes in the concepts both of CSR and corporate governance. The former is no longer purely voluntary and the latter has become inclusive of CSR, each with far-reaching consequences for the raison d'itre and the place and function of the codes in the smart regulatory mix governing corporations. While the codes were based originally …

Choice-Of-Law Rules For Secured Transactions: An Interest-Based And Modern Principles-Based Framework For Assessment, Charles W. Mooney Jr.

All Faculty Scholarship

This essay examines the law applicable to secured transactions. It addresses in particular the codification of the choice-of-law rules for secured transactions (STCOL rules). These rules address the laws applicable to the creation, perfection, priority, and enforcement of security interests (security rights)—a form of legislative or statutory dépeçage. It draws on the 2016 UNCITRAL Model Law on Secured Transactions (Model Law) as well as relevant North American law (Uniform Commercial Code Article 9 and the Canadian provincial Personal Property Security Acts). The STCOL rules lie at the heart of the emerged and emerging modern principles of secured transactions law …

The Impact Of The European Union’S Policy Towards China’S Intellectual Property Regime, Natalia Wyzycka, Reza Hasmath

Reza Hasmath

Mcneil, A Johnson & Johnson Subsidiary Fda Case Study, Warren Adis

Communications of the IIMA

This case study provides a detailed five-year review of one of Johnson & Johnson’s important subsidiaries, McNeil Consumer Healthcare. The research presents summaries from the Food and Drug Administration (FDA) inspection reports, out-of-compliance findings, and warning letters for the period between 2007 and 2011. It also relies on a class action lawsuit and a judicial consent decree within this timeframe to further understand the relationship between Johnson & Johnson and McNeil. The case study focusses on problems in the manufacturing and quality assurance at McNeil, and how Johnson & Johnson may have exacerbated McNeil’s production failures.

Laborers Or Criminals? The Impact Of Crimmigration On Labor Standards Enforcement, Kati Griffith

Kati Griffith

[Excerpt] As we examine the criminalization of immigration, commonly referred to as “crimmigration” (Stumpf, 2006), it is essential to consider its impact on other areas of law and policy that involve immigrants but are not traditionally thought of as formal elements of either criminal law or immigration law. Why? As Hortensia’s story illustrates, crimmigration may unexpectedly affect protections and rights that relate to immigrants’ experiences but come from other areas of law and policy. This chapter explores the impact of crimmigration on labor standards enforcement. By labor standards enforcement, the chapter refers mainly to the wage and hour, health and …

The Cape Town Convention’S Improbable-But-Possible Progeny Part Two: Bilateral Investment Treaty-Like Enforcement Mechanism, Charles W. Mooney Jr.

All Faculty Scholarship

This Essay is Part Two of a two-part essay series that outlines and evaluates two possible future international instruments. Each instrument draws substantial inspiration from the Cape Town Convention and its Aircraft Protocol (together, the “Convention”). The Convention governs the secured financing and leasing of large commercial aircraft, aircraft engines, and helicopters. It entered into force in 2006. It has been adopted by sixty-six Contracting States (fifty-eight of which have adopted the Aircraft Protocol), including the U.S., China, the E.U., India, Ireland, Luxembourg, Russia, and South Africa.

This Part of the Essay explores whether an investor-state dispute settlement (ISDS) feature …

Harm To Competition Under The 2010 Horizontal Merger Guidelines, Herbert J. Hovenkamp

All Faculty Scholarship

In August, 2010, the Antitrust Division and the Federal Trade Commission issued new Guidelines for assessing the competitive effects of horizontal mergers under the antitrust laws. These Guidelines were long awaited not merely because of the lengthy interval between them and previous Guidelines but also because enforcement policy had drifted far from the standards articulated in the previous Guidelines. The 2010 Guidelines are distinctive mainly for two things. One is briefer and less detailed treatment of market delineation. The other is an expanded set of theories of harm that justify preventing mergers or reversing mergers that have already occurred.

The …

A Summary Of Ten Years Of Pcaob Research: What Have We Learned, John Abernathy, Michael Barnes, Chad Stefaniak

Faculty and Research Publications

For the past 10 years, the Public Company Accounting Oversight Board (PCAOB) has operated as an independent overseer of public company audits. Over 70 percent of PCAOB studies have been published since 2010, evidencing the increasing relevance of PCAOB-related research in recent years. Our paper reviews the existing literature on the PCAOB's four primary functions – registration, standard-setting, inspections, and enforcement. In particular, we examine PCAOB registration trends and evaluate the effects of PCAOB registration requirements on the issuer audit market, as well as discuss the relative costs and benefits (e.g., auditor behavior changes, improvements in audit quality, auditor perceptions) …