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Dual Fiduciaries: Unicorns, Corporate Law And The New Frontier, Anat Alon-Beck 2023 Case Western University School of Law

Dual Fiduciaries: Unicorns, Corporate Law And The New Frontier, Anat Alon-Beck

Faculty Publications

Legal and regulatory structures influence the shift in equities in the United States from public markets to private markets, entrepreneurial opportunities and new firm formation. There is a rise in the number of “unicorn” firms, which are privately held venture-capital backed startups that are valued at $1 billion or more. The number of unicorns in the United States and overseas has grown exponentially over the last few years. This chapter discusses the rise of the unicorns and with it the increasing importance of corporate governance and fiduciary duties. There are new vertical and horizontal conflicts among common and preferred shareholders ...


Taming Unicorns, Matthew Wansley 2022 Benjamin N. Cardozo School of Law

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 ...


Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan 2022 UNH Franklin Pierce School of Law

Electronic Arts’ College Videogames In The Name, Image, And Likeness Era, Ryan A. Buchanan

UNH Sports Law Review

No abstract provided.


Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty 2022 University of Pittsburgh

Playing For Keeps: The Need For Name, Image, And Likeness Legislation To Ensure Representation For College Athletes, Campbell Flaherty

UNH Sports Law Review

No abstract provided.


Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi 2022 UNH Franklin Pierce School of Law

Editors' Foreword, Ryan A. Buchanan, Jacob M. Rocchi

UNH Sports Law Review

No abstract provided.


Table Of Contents, Editorial Board 2022 UNH Franklin Pierce School of Law

Table Of Contents, Editorial Board

UNH Sports Law Review

No abstract provided.


Masthead, Editorial Board 2022 UNH Franklin Pierce School of Law

Masthead, Editorial Board

UNH Sports Law Review

No abstract provided.


The Rise Of Environmental, Social And Corporate Governance Disclosures In The United States And Mandatory Human Rights Due Diligence In Europe: Implications For U.S. Lawyers, Marie-Claude Jean-Baptiste 2022 Cleveland State University

The Rise Of Environmental, Social And Corporate Governance Disclosures In The United States And Mandatory Human Rights Due Diligence In Europe: Implications For U.S. Lawyers, Marie-Claude Jean-Baptiste

The Global Business Law Review

Over the past decade, due in part to the devastating impact of the global financial crisis of 2008 and growing awareness of climate change, the world witnessed increasing interest on the part of society in general, and investors in particular, for responsible business. “Responsible business” is the concept that business should be conducted in a way that 1) does not violate fundamental rights of the people affected by the business activity; 2) does not exacerbate environmental harm; and 3) complies with basic principles of good governance. Society’s interest in responsible business has been reflected in growing pressure on businesses ...


Veterinary Reporting And Immunity Laws In The United States: How This Model Law Could Positively Impact National Veterinary Practices And International Animal Law, Rachel Al-Alami 2022 Cleveland-Marshall College of Law

Veterinary Reporting And Immunity Laws In The United States: How This Model Law Could Positively Impact National Veterinary Practices And International Animal Law, Rachel Al-Alami

The Global Business Law Review

This Note highlights the importance of animal law, including its impact on human violence and international businesses involving animals. The issues in veterinary reporting of suspected animal abuse must be addressed, as it has a direct effect on exposing the link between animal violence and human violence. Each state is encouraged to adopt the legislation proposed by this Note; it aims to reform the laws surrounding veterinary reporting of suspected animal abuse, and it provides veterinary professionals with immunity for reporting in good faith. This Note discusses the background of animal law, including the current state of affairs for both ...


Deregulation And The Lawyers' Cartel, Nuno Garoupa, Milan Markovic 2022 Texas A&M University School of Law

Deregulation And The Lawyers' Cartel, Nuno Garoupa, Milan Markovic

Faculty Scholarship

At one time, the legal profession largely regulated itself. However, based on the economic notion that increased competition would benefit consumers, jurisdictions have deregulated their legal markets by easing rules relating to attorney advertising, fees, and, most recently, nonlawyer ownership of law firms. Yet, despite reformers’ high expectations, legal markets today resemble those of previous decades, and most legal services continue to be delivered by traditional law firms. How to account for this seeming inertia?

We argue that the competition paradigm is theoretically flawed because it fails to fully account for market failures relating to asymmetric information, imperfect information, and ...


Impact Assessment And Responsible Business Conduct Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society, And Indigenous Groups, Sara L. Seck, Charlotte Connolly, Penelope Simons, Audrey Axten 2022 Dalhousie University Schulich School of Law

Impact Assessment And Responsible Business Conduct Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society, And Indigenous Groups, Sara L. Seck, Charlotte Connolly, Penelope Simons, Audrey Axten

Responsible Business Conduct and Impact Assessment Law

This toolbox provides guidance on how governments, businesses, civil society, and Indigenous groups may encourage and adopt a human rights approach to impact assessment (IA). It forms part of a broader research project aimed at highlighting the interrelationship between IA laws and Responsible Business Conduct (RBC) tools, funded by the Social Sciences & Humanities Research Council (SSHRC) Knowledge Synthesis Grant: Informing Best Practices in Environmental & Impact Assessments (the “KSG”).


Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra 2022 Universitas Indonesia

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory ...


Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana 2022 Universitas Indonesia

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of ...


Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi 2022 Universitas Indonesia

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the ...


Upaya Perlindungan Pemegang Saham Minoritas Dalam Perusahaan Holding, Syailendra Wisnu Wardhana 2022 Universitas Indonesia

Upaya Perlindungan Pemegang Saham Minoritas Dalam Perusahaan Holding, Syailendra Wisnu Wardhana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Minority shareholders in a subsidiary of a holding company have the potential to suffer losses due to the actions of the parent company. The role of the parent company as a shareholder in a subsidiary company can obscure the specialty of the company as a separate legal entity and its limited liability. In the doctrine of piercing the corporate veil, the limitation of the responsibilities of the directors and shareholders in the company does not apply if the actions of the directors or shareholders of the company have the objective of making a subsidiary company a tool to achieve ...


Keterlambatan Pemberitahuan Akuisisi Pada Perusahaan Yang Terafiliasi Ditinjau Dari Hukum Persaingan Usaha Di Indonesia (Studi Putusan Komisi Pengawas Persaingan Usaha (Kppu) No. 27/Kppu-M/2019), Rahmad Hidayat 2022 Universitas Indonesia

Keterlambatan Pemberitahuan Akuisisi Pada Perusahaan Yang Terafiliasi Ditinjau Dari Hukum Persaingan Usaha Di Indonesia (Studi Putusan Komisi Pengawas Persaingan Usaha (Kppu) No. 27/Kppu-M/2019), Rahmad Hidayat

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Whether we realize it or not, business competition between business actors in the relevant market will more or less be affected by the acquisition. Acquisition in business competition has a close relationship with abuse of dominant position in the market which can lead to monopolistic practices and unfair business competition. If the Acquisition is carried out to hinder business competition and the economy, then it is contrary to Article 29 of Law no. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. Therefore, the Acquisition should be investigated further to ascertain the extent to which ...


Tinjauan Hukum Peran Direktorat Jenderal Administrasi Hukum Umum Terhadap Beneficial Owner Pada Perseroan Terbatas Dalam Tindak Pidana Pencucian Uang, Mochamad Lutfi Suryana 2022 Universitas Indonesia

Tinjauan Hukum Peran Direktorat Jenderal Administrasi Hukum Umum Terhadap Beneficial Owner Pada Perseroan Terbatas Dalam Tindak Pidana Pencucian Uang, Mochamad Lutfi Suryana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Money laundering is an attempt to disguise or obscure dirty money, the perpetrator of the crime of money laundering continues to try to disguise and hide assets and financial transactions by utilizing publicly listed companies as a means of committing the crime of money laundering. The state in particular through several agencies such as the Ministry of Finance, the Directorate General of Taxes, the Ministry of Law and Human Rights, the Directorate General of General Legal Administration, the Financial Services Authority (OJK), the Financial Transaction Analysis Reporting Center (PPATK), the Corruption Eradication Commission (KPK) are increasingly encourage openness to ...


Masthead, 2022 University of California, Hastings College of the Law

Masthead

Hastings Business Law Journal

No abstract provided.


Foreword, Gina Ahmar, Rebecca Siegel 2022 University of California, Hastings College of the Law

Foreword, Gina Ahmar, Rebecca Siegel

Hastings Business Law Journal

No abstract provided.


The Ethics Of Cryptocurrency, Gordon Goodman Justice 2022 University of California, Hastings College of the Law

The Ethics Of Cryptocurrency, Gordon Goodman Justice

Hastings Business Law Journal

No abstract provided.


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