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The Ethics Of Representing Founders, Paul R Tremblay 2017 Boston College Law School

The Ethics Of Representing Founders, Paul R Tremblay

Boston College Law School Faculty Papers

Lawyers assisting entrepreneurial startups frequently work with individual founders before any formal organizational client materializes. In advising founders about such legal matters as whether to establish an entity, and if so which entity best fits the needs of the enterprise, as well as how to arrange the owners’ relationships within the business, the lawyer necessarily has an attorney-client relationship with someone. The prevailing scholarship about startup representation pays surprisingly little attention to the posture of the lawyer and her founder clients in the pre-organization context. This Article investigates the lawyer’s responsibilities and commitments in depth.

A lawyer working with ...


Decomposing Bhasin V Hrynew: Toward An Institutional Understanding Of The General Organizing Principle Of Good Faith In Contractual Performance, daniele bertolini 2017 Ryerson University

Decomposing Bhasin V Hrynew: Toward An Institutional Understanding Of The General Organizing Principle Of Good Faith In Contractual Performance, Daniele Bertolini

daniele bertolini

In Bhasin v Hrynew, the Supreme Court of Canada recognized good faith in contractual performance to be a general organizing principleof the common law of contract. The true impact of Bhasin on the future development of the Canadian contract law remains the subject of considerable debate among legal scholars and practitioners. This article explores Bhasins evolutionary impact on the Canadian common law of contract, by providing an institutional understanding of the general organizing principle of good faith in contractual performance. It is contended that Bhasins contribution to the common law of contract is institutional rather than substantive ...


Violence Taxes: New Way To Recoup And Prevent The Costs Of Gun Violence? Or New Method To Destroy Business And Competitiveness?, Joseph R. Buoscio Jr. 2017 DePaul University

Violence Taxes: New Way To Recoup And Prevent The Costs Of Gun Violence? Or New Method To Destroy Business And Competitiveness?, Joseph R. Buoscio Jr.

DePaul Business and Commercial Law Journal

No abstract provided.


In Retrospect Of 40 Years, Another Look At Andrews' Personal Deductions Argument: A Comparison Of Charitable Contributions And Child-Care Expenses, Limor Riza 2017 University of Haifa, Israel

In Retrospect Of 40 Years, Another Look At Andrews' Personal Deductions Argument: A Comparison Of Charitable Contributions And Child-Care Expenses, Limor Riza

DePaul Business and Commercial Law Journal

No abstract provided.


The Centralization Of The Banking Industry: Dodd-Frank's Impact On Community Banks And The Need For Both Regulatory Relief And An Overhaul Of The Current Framework, Bryce W. Newell 2017 DePaul University

The Centralization Of The Banking Industry: Dodd-Frank's Impact On Community Banks And The Need For Both Regulatory Relief And An Overhaul Of The Current Framework, Bryce W. Newell

DePaul Business and Commercial Law Journal

No abstract provided.


Halliburton Ii: A Missed Opportunity To Right The Wrong In Rule 10b-5 Based Class Actions, Erich L. Schmitz 2017 DePaul University

Halliburton Ii: A Missed Opportunity To Right The Wrong In Rule 10b-5 Based Class Actions, Erich L. Schmitz

DePaul Business and Commercial Law Journal

No abstract provided.


Continuing Conundrum Of Mistakes: Where The Dodd-Frank Act Went Wrong, Shipra Mehta 2017 DePaul University

Continuing Conundrum Of Mistakes: Where The Dodd-Frank Act Went Wrong, Shipra Mehta

DePaul Business and Commercial Law Journal

No abstract provided.


Three Cheers For Three Tiers: Why The Three-Tier System Maintains Its Legal Validity And Social Benefits After Granholm, Roni Elias 2017 DePaul University

Three Cheers For Three Tiers: Why The Three-Tier System Maintains Its Legal Validity And Social Benefits After Granholm, Roni Elias

DePaul Business and Commercial Law Journal

No abstract provided.


Investment-Environment Disputes: Challenges And Proposals, Mohamed F. Sweify 2017 DePaul University

Investment-Environment Disputes: Challenges And Proposals, Mohamed F. Sweify

DePaul Business and Commercial Law Journal

No abstract provided.


When Social Enterprises Fail, Jonathan Brown 2017 Villanova University Charles Widger School of Law

When Social Enterprises Fail, Jonathan Brown

Villanova Law Review

No abstract provided.


Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi 2017 Pepperdine University

Burwell V. Hobby Lobby Stores, Inc.: Creating Power For Corporations At The Cost Of Changing Women’S Lives, Tara Zabehi

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


A Long-Awaited Reboot: The Fifa Scandal And Its Repercussions For Football’S Governing Body, Matthew B. DiCenso 2017 Boston College Law School

A Long-Awaited Reboot: The Fifa Scandal And Its Repercussions For Football’S Governing Body, Matthew B. Dicenso

Boston College International and Comparative Law Review

On May 21, 2015, Swiss authorities raided the annual congressional meeting of the Fédération Internationale de Football Association, ultimately arresting seven FIFA executives on charges of corruption. The product of a three-year Federal Bureau of Investigation case, the Swiss raid and accompanying Department of Justice indictment was the first step in addressing what authorities describe as enduring and systemic corruption within football’s governing body. In addition to casting a shadow over the world’s most beloved sport, the FIFA scandal highlighted the international organization’s lack of accountability and, most notably, its dire need for change. Although the February ...


Med-Arb Adoption In Securities Law Disputes: Advantages And Costs, Hyung Kyun Kwon 2017 Cornell Law School

Med-Arb Adoption In Securities Law Disputes: Advantages And Costs, Hyung Kyun Kwon

Concordia Law Review

This Article considers the adoption of a hybrid method of Alternative Dispute Resolution (ADR)—Med-Arb—in securities law disputes. Because securities law ADR is currently monopolized by claims that proceed through arbitration, this Article argues that the benefits of settling a claim through mediation are being lost. Med-Arb allows parties to access the benefits of both mediation and arbitration with potentially lower economic costs and the assurance of finality of the dispute. This Article therefore presents how best to use Med-Arb to successfully resolve securities law disputes.


Regulating Excessive Executive Compensation, Jerry W. Markham 2017 Florida International University, College of Law

Regulating Excessive Executive Compensation, Jerry W. Markham

Jerry W. Markham

No abstract provided.


Regulating Excessive Executive Compensation - Why Bother?, Jerry W. Markham 2017 Selected Works

Regulating Excessive Executive Compensation - Why Bother?, Jerry W. Markham

Jerry W. Markham

No abstract provided.


Perfectly Frank: A Reflection On Quality Lawyering In Honor Of R. Franklin Balotti, Leo E. Strine Jr., James J. Hanks Jr., John F. Olson, A. Gilchrist Sparks, E. Norman Veasey, Gregory P. Williams 2017 University of Pennsylvania

Perfectly Frank: A Reflection On Quality Lawyering In Honor Of R. Franklin Balotti, Leo E. Strine Jr., James J. Hanks Jr., John F. Olson, A. Gilchrist Sparks, E. Norman Veasey, Gregory P. Williams

Faculty Scholarship

This essay honoring the late R. Franklin Balotti focuses upon certain of the key attributes necessary to practice business law effectively and ethically. Among these attributes are a strong work ethic, the integrity to stand behind your own advice and candidly admit when things do not go according to plan, empathy for how others will view your client’s actions and the ability to communicate that perception to your client, the confidence to change the pace of a transaction when a slow down or time out is warranted, and the ability to have some fun and laugh (even at yourself ...


The Yates Memo: Doj Public Relations Move Or Meaningful Reform That Will End Impunity For Corporate Criminals?, Christopher Modlish 2017 Boston College Law School

The Yates Memo: Doj Public Relations Move Or Meaningful Reform That Will End Impunity For Corporate Criminals?, Christopher Modlish

Boston College Law Review

On September 9, 2015, former Deputy Attorney General Sally Yates issued a memorandum (the “Yates Memo”) in an attempt to address the Department of Justice’s (“DOJ”) seeming inability to prosecute the individuals responsible for corporate crime and misconduct. The memo announced new DOJ policy regarding individual accountability for corporate fraud, wrongdoing, and other misconduct. Specifically, it identified six key policies meant to enable DOJ prosecutors to more effectively prosecute the individuals responsible for corporate misconduct. The memo, however, did not address the biggest obstacle to holding individuals accountable for criminal corporate conduct—the DOJ’s overuse of deferred prosecution ...


Playing To A New Crowd: How Congress Could Break The Startup Status Quo By Raising The Cap On The Jobs Act's Crowdfunding Exemption, Thomas Murphy 2017 Boston College Law School

Playing To A New Crowd: How Congress Could Break The Startup Status Quo By Raising The Cap On The Jobs Act's Crowdfunding Exemption, Thomas Murphy

Boston College Law Review

On October 30, 2015, the Securities and Exchange Commission voted to implement the Jumpstart Our Business Startups (“JOBS”) Act’s exemption for crowdfunded securities, which became effective on May 16, 2016. Crowdfunding technology allows any entrepreneur with an Internet connection the opportunity to pitch an idea to a community of investors, which could revolutionize the market for early-stage startup financing. That market has largely adhered to a status quo in which the strength of an entrepreneur’s network is nearly as important as his or her idea—a dynamic that is especially difficult for female and minority entrepreneurs who have ...


Corporations And Human Life, Frank Partnoy 2017 Seattle University School of Law

Corporations And Human Life, Frank Partnoy

Seattle University Law Review

In Part I, I address decision-making. How should risk to human life be included in the jurisprudence of corporate decision-making? In terms of finance, how should corporations make net present value decisions when risk to human life is a factor? In terms of law, is there a case for exceptions to the business judgment rule based on risk to human life? Second, in Part II, I address oversight. How should risk to human life be included in the jurisprudence of oversight? In terms of finance, how should corporations approach risk management when human life is a factor? In terms of ...


Saving Investors From Themselves: How Stockholder Primacy Harms Everyone, Frederick H. Alexander 2017 Seattle University School of Law

Saving Investors From Themselves: How Stockholder Primacy Harms Everyone, Frederick H. Alexander

Seattle University Law Review

We face many tough issues including poverty, climate change, social and economic inequality, the cost and quality of education and healthcare, stagnant wages, financial market instability, disease, and food security. Despite the existential threat that these concerns may raise, there is no consensus on whether or how to address them through regulation, taxation, or other government policy tools. Private enterprise, however, has tremendous potential to address these issues through technology, wages, supply chain maintenance, green operations, efficient delivery of goods and services, and a myriad of other outputs and outcomes. In the U.S., the potential of the private sector ...


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