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Articles 1 - 15 of 15

Full-Text Articles in Law

Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers Nov 2012

Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers

Pepperdine Law Review

No abstract provided.


Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler Oct 2012

Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler

Pepperdine Law Review

No abstract provided.


Federalism And Preemption In October Term 1999, Jonathan D. Varat Oct 2012

Federalism And Preemption In October Term 1999, Jonathan D. Varat

Pepperdine Law Review

No abstract provided.


Delaware’S Balancing Act, John Armour, Bernard S. Black, Brian R. Cheffins Oct 2012

Delaware’S Balancing Act, John Armour, Bernard S. Black, Brian R. Cheffins

Indiana Law Journal

Delaware’s courts and well-developed case law are widely seen as integral elements of Delaware’s success in attracting incorporations. However, as we show using empirical evidence involving reported judicial decisions and filed cases concerning large mergers and acquisitions, leveraged buyouts, and options backdating, Delaware’s popularity as a venue for corporate litigation is under threat. Today, a majority of shareholder suits involving Delaware companies are being brought and decided elsewhere. We examine in this Article the implications of this “out-of-Delaware” trend, emphasizing a difficult balancing act that Delaware faces. If Delaware accommodates litigation too readily, companies, fearful of lawsuits, may incorporate elsewhere. …


Corporate Laibility And Foreign Acts Of Torture: Aziz V. Alcolac, Inc., C. Alexander Cable Jul 2012

Corporate Laibility And Foreign Acts Of Torture: Aziz V. Alcolac, Inc., C. Alexander Cable

South Carolina Law Review

No abstract provided.


The (Theoretical) Future Of Personal Jurisdiction: Issues Left Open By Goodyear Dunlop Tires V. Brown And J. Mcintyre Machinery V. Nicastro, Roberta Brilmayer, Matthew Smith Apr 2012

The (Theoretical) Future Of Personal Jurisdiction: Issues Left Open By Goodyear Dunlop Tires V. Brown And J. Mcintyre Machinery V. Nicastro, Roberta Brilmayer, Matthew Smith

South Carolina Law Review

No abstract provided.


Personal Jurisdiction For The Twenty-First Century: The Implications Of Mcintyre And Goodyear Dunlop Tires, Howard B. Stravitz Apr 2012

Personal Jurisdiction For The Twenty-First Century: The Implications Of Mcintyre And Goodyear Dunlop Tires, Howard B. Stravitz

South Carolina Law Review

No abstract provided.


The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro, Rodger Daniel Citron Apr 2012

The Case Of The Retired Justice: How Would Justice John Paul Stevens Have Voted In J. Mcintyre Machinery, Ltd. V. Nicastro, Rodger Daniel Citron

South Carolina Law Review

No abstract provided.


The Roberts Court Gets Down To Business: The Business Cases, Kenneth W. Starr Mar 2012

The Roberts Court Gets Down To Business: The Business Cases, Kenneth W. Starr

Pepperdine Law Review

No abstract provided.


"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford Jan 2012

"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Dispute Resolution As A Part Of Your Merger Or Your Acquisition Agreement, Kenneth Mathieu, Vincent (Trace) P. Schmeltz Iii Jan 2012

Dispute Resolution As A Part Of Your Merger Or Your Acquisition Agreement, Kenneth Mathieu, Vincent (Trace) P. Schmeltz Iii

Michigan Business & Entrepreneurial Law Review

Often overlooked until invoked, the dispute resolution provisions of an acquisition agreement frequently mirror the terms of a lawyer’s last deal. Yet such provisions—including purchase price adjustment clauses, the terms of governing earn-out disputes, and the contract sections outlining the indemnification claims process—often have long-term economic ramifications on the buyers and sellers. In working with corporate lawyers over the years, we have noted that corporate lawyers understand (and give intense thought to) the leverage their clients have, what their clients hope to accomplish in a transaction, and what makes long-term economic sense in drafting an agreement and negotiating more advantageous …


Venture Capital Investments In China: The Use Of Offshore Financing Structures And Corporate Relocations, Jing Li Jan 2012

Venture Capital Investments In China: The Use Of Offshore Financing Structures And Corporate Relocations, Jing Li

Michigan Business & Entrepreneurial Law Review

Based on an analysis of the relevant Chinese laws and regulations governing the corporate governance structure of venture capital (“VC”)-invested firms, as well as a discussion on the feasibility of employing different alternatives to make direct and indirect VC investments in Chinese portfolio firms, this article studies a hand-collected sample consisting of the twenty-nine VCbacked Chinese portfolio firms that have been financed and listed from 1990 to 2005 in order to empirically show how these investments were actually made in practice. The findings show that twenty-three out of the twentynine firms received their VC investments in various offshore holding entities, …


The Facebook Ipo's Face-Off With Dual Class Stock Structure, Anna S. Han Jan 2012

The Facebook Ipo's Face-Off With Dual Class Stock Structure, Anna S. Han

University of Michigan Journal of Law Reform Caveat

The Facebook initial public offering (“Facebook IPO”) is premised on a dual class stock structure, which the media criticizes as a circumvention of regulations designed to protect shareholders. I argue that Facebook’s use of dual class stock not only is likely to benefit its shareholders, but also follows in the footsteps of seasoned, influential companies like Google.


A Common Sense Corporate Tax: The Case For A Destination-Based, Cash Flow Tax On Corporations, William B. Barker Jan 2012

A Common Sense Corporate Tax: The Case For A Destination-Based, Cash Flow Tax On Corporations, William B. Barker

Catholic University Law Review

No abstract provided.


Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich Jan 2012

Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich

West Virginia Law Review

No abstract provided.