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Full-Text Articles in Business Law, Public Responsibility, and Ethics
Expanding Mfw: Delaware Law Should Offer A Business Judgment Rule Safe Harbor For All Conflicted Controller Transactions, Alex Lindsey
Expanding Mfw: Delaware Law Should Offer A Business Judgment Rule Safe Harbor For All Conflicted Controller Transactions, Alex Lindsey
Fordham Journal of Corporate & Financial Law
While courts usually defer to a board’s business decisions under the business judgment rule, courts will apply a much less deferential standard of review due to loyalty concerns if a conflicted controller is involved in a business decision such as a merger. However, in Kahn v. M & F Worldwide (“MFW”) when a squeeze out merger was challenged by a minority stockholder, the Delaware Supreme Court reviewed the transaction under the deferential business judgment rule standard because the Court found that the structure of the transaction neutralized the controller loyalty concerns. Building on this reasoning, the Court developed a checklist …
Values Create Values, Chase M. Geertsen
Values Create Values, Chase M. Geertsen
Marriott Student Review
The days of companies focusing solely on maximizing shareholder value are over. In today's world, profitable companies create value by meeting the needs of their stakeholders.
Retention, Matthew Molinaro
Retention, Matthew Molinaro
The Review: A Journal of Undergraduate Student Research
Employee retention in the 21th century reflects how companies keep their employees motivated and well prepared for the challenges in the workplace. In this paper, I apply the concepts of motivation and how employers keep their employees. I also emphasize the costly effects of a employee leaving the organization, both as a dollar and emotional standpoint.
Navigating Sino-American Business Relationships, Ryan Stenquist
Navigating Sino-American Business Relationships, Ryan Stenquist
Marriott Student Review
Relationships between American and Chinese companies have never been more important or profitable as they are now. With linguistic, moral, governmental, and legal systems developed entirely independent of each other for thousands of years, these relationships also prove the most difficult and complex to navigate. This article explores mistakes foreigners often make while doing business in China, the current environment and culture of joint ventures with native Chinese, and how to succeed in the challenging yet rewarding economy now opening up to the world.
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
St. Mary's Journal on Legal Malpractice & Ethics
There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …