Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Antitrust (1)
- Big Tech (1)
- Big Technology (1)
- Clayton Act (1)
- Commercial Speech (1)
-
- Conscious Parallelism (1)
- First Amendment (1)
- Image Advertisements (1)
- Juries (1)
- Jury Impartiality (1)
- Juul (1)
- Litigation (1)
- Litigation Hot Spots (1)
- Monopoly (1)
- Oligopoly (1)
- Protected Speech (1)
- Rule of Reason (1)
- Securities (1)
- Seventh Amendment (1)
- Sherman Act (1)
- Startups (1)
- Theranos (1)
- Uber (1)
- Unicorns (1)
- Venture Capitalists (1)
- Voir Dire (1)
Articles 1 - 3 of 3
Full-Text Articles in Business Organizations Law
Taming Unicorns, Matthew Wansley
Taming Unicorns, Matthew Wansley
Indiana Law Journal
Until recently, most startups that grew to become valuable businesses chose to become public companies. In the last decade, the number of unicorns—private, venture-backed startups valued over one billion dollars—has increased more than tenfold. Some of these unicorns committed misconduct that they successfully concealed for years. The difficulty of trading private company securities facilitates the concealment of misconduct. The opportunity to profit from trading a company’s securities gives short sellers, analysts, and financial journalists incentives to uncover and reveal information about misconduct the company commits. Securities regulation and standard contract provisions restrict the trading of private company securities, which undermines …
The Case For Preemptive Oligopoly Regulation, Jeffrey D. Manns
The Case For Preemptive Oligopoly Regulation, Jeffrey D. Manns
Indiana Law Journal
One of the few things former President Donald Trump and leading Democrats appear to agree on is the need to subject Big Technology (“Big Tech”) firms to antitrust scrutiny. But unsurprisingly they disagree about how to address the problem. Senator Elizabeth Warren and many other leading Democrats have called for breaking up large technology firms, such as Google, Amazon, and Facebook, in a revival of the trust-busting progressive era of the early twentieth century. In contrast, the Trump administration triggered more traditional antitrust monopoly review of potential anticompetitive activities of a number of leading technology firms, which is more likely …
Influencing Juries In Litigation "Hot Spots", Megan M. La Belle
Influencing Juries In Litigation "Hot Spots", Megan M. La Belle
Indiana Law Journal
This Article considers how corporations are using image advertising in litigation "hot spots" as a means of influencing litigation outcomes. It describes how Samsung and other companies advertised in the Eastern District of Texas--a patent litigation "hot spot"--to curry favor with the people who live there, including by sponsoring an ice rink located directly outside the courthouse. To be sure, image advertisements are constitutionally protected speech and might even warrant the highest level of protection under the First Amendment when they are not purely commercial in nature. Still, the Article argues, courts should be able to prohibit such advertisements altogether, …