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Business Organizations Law

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2018

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Articles 1 - 30 of 118

Full-Text Articles in Law

Aliera Healthcare, Inc., Order Entering Temporary Restraining Order, Alice D. Bonner Dec 2018

Aliera Healthcare, Inc., Order Entering Temporary Restraining Order, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Runzhou Zhang Order On Defendant Scott Hosteler's Motion To Enforce Judgment, Melvin Westmoreland Dec 2018

Runzhou Zhang Order On Defendant Scott Hosteler's Motion To Enforce Judgment, Melvin Westmoreland

Georgia Business Court Opinions

No abstract provided.


Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans' Savings For Corporate Political Spending, Leo E. Strine Jr. Dec 2018

Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans' Savings For Corporate Political Spending, Leo E. Strine Jr.

Faculty Scholarship at Penn Law

For decades, American workers have been subjected to increasing pressure to become forced capitalists, in the sense that to provide for retirement for themselves, and to pay for college for their children, they must turn part of their income every month over to mutual funds who participate in 401(k) and 529 programs. These “Worker Investors” save for the long term, often hold portfolios that are a proxy for the entire economy, and depend on the economy’s ability to generate good jobs and sustainable growth in order for them to be able to have economic security. In recent years ...


Nancy Johnson Order On Certain Discovery Related Motions, Objections And Requests, Melvin Westmoreland Dec 2018

Nancy Johnson Order On Certain Discovery Related Motions, Objections And Requests, Melvin Westmoreland

Georgia Business Court Opinions

No abstract provided.


Marc Mccord, Order On Pending Discovery Motions, Alice D. Bonner Dec 2018

Marc Mccord, Order On Pending Discovery Motions, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Strategic Jubilee Et Al., Order On Pending Motions, Elizabeth E. Long Dec 2018

Strategic Jubilee Et Al., Order On Pending Motions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Sorting Out White-Collar Crime, Miriam Baer Dec 2018

Sorting Out White-Collar Crime, Miriam Baer

Faculty Scholarship

No abstract provided.


Index Funds And The Future Of Corporate Governance: Theory, Evidence, And Policy, Scott Hirst Dec 2018

Index Funds And The Future Of Corporate Governance: Theory, Evidence, And Policy, Scott Hirst

Faculty Scholarship

Index funds own an increasingly large proportion of American public companies, currently more than one fifth and steadily growing. The stewardship decisions of index fund managers—how they monitor, vote, and engage with their portfolio companies can be expected to have a profound impact on the governance and performance of public companies and the economy. Understanding index fund stewardship, and how policy making can improve it, is critical for corporate law scholarship. This Article contributes to such understanding by providing a comprehensive theoretical, empirical, and policy analysis of index fund stewardship.

We begin by putting forward an agency-costs theory of ...


Bh Hasid Llc, Order On Pending Motions And Setting Hearing, Alice D. Bonner Nov 2018

Bh Hasid Llc, Order On Pending Motions And Setting Hearing, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Corporate Constitutional Rights: Easy And Hard Cases, Kent Greenfield Nov 2018

Corporate Constitutional Rights: Easy And Hard Cases, Kent Greenfield

Boston College Law School Faculty Papers

No abstract provided.


Robert L. Nix Order Regarding Motion For Substitution Of Party, John J. Goger Nov 2018

Robert L. Nix Order Regarding Motion For Substitution Of Party, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Gus H. Small Et Al., Order Regarding Expert Discovery Dispute, John J. Goger Nov 2018

Gus H. Small Et Al., Order Regarding Expert Discovery Dispute, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Tara Scott Et Al., Order On Plaintiffs' Motion To Dismiss Counterclaims, Elizabeth E. Long Nov 2018

Tara Scott Et Al., Order On Plaintiffs' Motion To Dismiss Counterclaims, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


John Souza Et Al., Order On Plaintiffs' Second Motion To Compel And Motion For Sanctions, Elizabeth E. Long Nov 2018

John Souza Et Al., Order On Plaintiffs' Second Motion To Compel And Motion For Sanctions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Ruby Tuesday, Inc., Consent Protective Order And Clawback Order, John J. Goger Nov 2018

Ruby Tuesday, Inc., Consent Protective Order And Clawback Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Revising The Vertical Merger Guidelines (Ftc Hearings), Steven C. Salop Nov 2018

Revising The Vertical Merger Guidelines (Ftc Hearings), Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This slide deck was the author’s presentation at the FTC Hearings on Vertical Mergers (November 1, 2018). The deck sets out a summary of the author’s economic analysis and proposed revisions to the U.S. Vertical Merger Guidelines.


Law School News: Bailey And Kilpatrick Join Rwu School Of Law Board 11/01/2018, Edward Fitzpatrick Nov 2018

Law School News: Bailey And Kilpatrick Join Rwu School Of Law Board 11/01/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr. Oct 2018

Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr.

Faculty Scholarship at Penn Law

In this brief essay, to be included in a book celebrating the work of Jay Westbrook, I begin by surveying Jay’s wide-ranging contributions to bankruptcy scholarship. Jay’s functional analysis has had a profound effect on scholars’ understanding of key issues in domestic bankruptcy law, and Jay has been the leading scholarly figure on cross-border insolvency. After surveying Jay’s influence, I turn to the topic at hand: a proposed reform that would facilitate the use of bankruptcy to resolve the financial distress of large financial institutions. Jay has been a strong critic of this legislation, arguing that financial ...


Texas Gulf Sulphur And The Genesis Of Corporate Liability Under Rule 10b-5, Adam C. Pritchard, Robert B. Thompson Oct 2018

Texas Gulf Sulphur And The Genesis Of Corporate Liability Under Rule 10b-5, Adam C. Pritchard, Robert B. Thompson

Articles

This Essay explores the seminal role played by SEC v. Texas Gulf Sulphur Co. in establishing Rule 10b-5’s use to create a remedy against corporations for misstatements made by their officers. The question of the corporation’s liability for private damages loomed large for the Second Circuit judges in Texas Gulf Sulphur, even though that question was not directly at issue in an SEC action for injunctive relief. The judges considered both, construing narrowly “in connection with the purchase or sale of any security,” and the requisite state of mind required for violating Rule 10b-5. We explore the choices ...


Omar Abdel-Aleem Et Al., Order Granting Motion To Disqualify, Melvin Westmoreland Oct 2018

Omar Abdel-Aleem Et Al., Order Granting Motion To Disqualify, Melvin Westmoreland

Georgia Business Court Opinions

No abstract provided.


Suntrust Banks, Inc. Et Al., Order On Movant Insurers' Motions Related To Suntrust's Bad Faith Claim (Count Ix), John J. Goger Oct 2018

Suntrust Banks, Inc. Et Al., Order On Movant Insurers' Motions Related To Suntrust's Bad Faith Claim (Count Ix), John J. Goger

Georgia Business Court Opinions

No abstract provided.


Cambridge Winerton, Llc Order On Pending Motions, Alice D. Bonner Oct 2018

Cambridge Winerton, Llc Order On Pending Motions, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.


Equitrade International, Inc Order Granting Motion To Compel, John J. Goger Oct 2018

Equitrade International, Inc Order Granting Motion To Compel, John J. Goger

Georgia Business Court Opinions

No abstract provided.


Ainealem "Alex" Gidewon Order Denying Plaintiffs' Motion To Compel And Granting 990 Brady A Venue, Llc's Motion For Protective Order, John Goger Oct 2018

Ainealem "Alex" Gidewon Order Denying Plaintiffs' Motion To Compel And Granting 990 Brady A Venue, Llc's Motion For Protective Order, John Goger

Georgia Business Court Opinions

No abstract provided.


Gordon Jones, Ii Order On Plaintiff's Motion For Partial Judgment On The Pleadings And For A More Definite Statement Of The Law, Elizabeth E. Long Oct 2018

Gordon Jones, Ii Order On Plaintiff's Motion For Partial Judgment On The Pleadings And For A More Definite Statement Of The Law, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Gordon Jones, Ii Order Denying Defendants' Motion To Quash Non-Party Subpoena, Elizabeth E. Long Oct 2018

Gordon Jones, Ii Order Denying Defendants' Motion To Quash Non-Party Subpoena, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law Oct 2018

Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Enforcing Town Councils’ Duties Of Financial Prudence: Problems Addressed By The Town Councils (Amendment) Act 2017, Benjamin Joshua Ong Oct 2018

Enforcing Town Councils’ Duties Of Financial Prudence: Problems Addressed By The Town Councils (Amendment) Act 2017, Benjamin Joshua Ong

Research Collection School Of Law

This article discusses the means by which a TownCouncil’s statutory duties, particularly its duties of financial prudence, maybe enforced. It studies the law as it was prior to 2017 and reveals variousconceptual and practical problems, the result of which was that it was possiblefor a Town Council to fail to perform its statutory duties and face onlyminimal consequences. This article willprovide a background to some of the new statutory procedures introduced in the2017 amendments to the Town Councils Act, which solve the problems from whichthe previous law suffered. It is hoped that this will shed light on the historyof ...


Section 5: Business Law, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2018

Section 5: Business Law, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Bernard Bronner Order Denying Motion To Strike, Melvin Westmoreland Sep 2018

Bernard Bronner Order Denying Motion To Strike, Melvin Westmoreland

Georgia Business Court Opinions

No abstract provided.