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7533 full-text articles. Page 7 of 171.

Agency And Partnership Law [2016], Pearlie M. C. KOH, Stephen Noel Henry BULL 2017 Singapore Management University

Agency And Partnership Law [2016], Pearlie M. C. Koh, Stephen Noel Henry Bull

Research Collection School Of Law

No abstract provided.


Vertical Merger Enforcement Actions: 1994–2016, Steven C. Salop, Daniel P. Culley 2017 Georgetown University Law Center

Vertical Merger Enforcement Actions: 1994–2016, Steven C. Salop, Daniel P. Culley

Georgetown Law Faculty Publications and Other Works

This is a revised listing of vertical merger enforcement actions by the Department of Justice and Federal Trade Commission since 1994. This revised listing includes 52 vertical matters beginning in 1994 through the end of 2016. It includes challenges and certain proposed transactions that are known to have been abandoned in the face of Agency concerns. This listing can be treated as an Appendix to Steven C. Salop and Daniel P. Culley, Revising the Vertical Merger Guidelines: Policy Issues and an Interim Guide for Practitioners, 4 Journal of Antitrust Enforcement 1 (2016).


To Be A "Whistleblower," Or Not To Be A "Whistleblower? " That Is The Question-Whether 'Tis Nobler In The Mind Of The Courts To Suffer For Reporting Wrongdoing To The Sec Or Employers Internally: Examining The Recent Circuit Split Regarding The Definition Of A Whistleblower Under Dodd-Frank, Luke I. Landers 2017 Pepperdine University

To Be A "Whistleblower," Or Not To Be A "Whistleblower? " That Is The Question-Whether 'Tis Nobler In The Mind Of The Courts To Suffer For Reporting Wrongdoing To The Sec Or Employers Internally: Examining The Recent Circuit Split Regarding The Definition Of A Whistleblower Under Dodd-Frank, Luke I. Landers

The Journal of Business, Entrepreneurship & the Law

Under the current state of the law, the circuit courts are split over whether an employee must report corporate wrongdoing directly to the Securities and Exchange Commission (SEC), or report wrongdoing to a company’s management in order to receive whistleblower protection under Dodd–Frank. The resolution of this circuit split not only will have implications for American employees caught in situations similar to the fiction above, but also will provide a prime opportunity for the Supreme Court to clarify how courts are to understand the interpretive and deferential relationship between the language of legislative statutes and their corresponding bureaucratic ...


Clarifying The Original Clawback: Interpreting Sarbanes-Oxley Section 304 Through The Lens Of Dodd-Frank Section 954, J. Royce Fichtner, Patrick Heaston, Lou Ann Simpson 2017 Pepperdine University

Clarifying The Original Clawback: Interpreting Sarbanes-Oxley Section 304 Through The Lens Of Dodd-Frank Section 954, J. Royce Fichtner, Patrick Heaston, Lou Ann Simpson

The Journal of Business, Entrepreneurship & the Law

In the early 2000s, major accounting scandals involving reporting violations and audit failures sent the United States financial markets into turmoil. Congress and President George W. Bush reacted to the controversy by passing the Public Company Accounting Reform and Investor Protection Act, better known as the Sarbanes–Oxley Act (SOX), in July of 2002. Section 304 created an explicit procedure, whereby the SEC could disgorge or clawback a CEO or CFO’s incentive-based compensation or stock gains when such profits were based on inflated financial statements later required to be restated to reflect the company’s true financial position. When ...


The Information Regulation Of Business Actors, Kishanthi Parella 2017 Washington and Lee University School of Law

The Information Regulation Of Business Actors, Kishanthi Parella

Kish Parella

A transnational legal order (TLO) is emerging regarding the role of businesses in respecting human rights. This legal order includes multistakeholder initiatives, international organization recommendations and guidelines, NGO certifications, and other voluntary instruments. Many of the norms within this TLO are nonbinding and therefore lack mandatory compliance; what they may possess is persuasive power, particularly when the norms are developed, endorsed, and managed by reputable organizations. It is that reputational, or legitimacy, advantage that matters for encouraging industry associations to comply with the nonbinding norms associated with these organizations. Industry associations and other business actors will gravitate more towards legitimacy ...


Golden Parachutes, Severance, And Firm Value, Andrew C.W. Lund, Robert Schonlau 2017 University of Florida Levin College of Law

Golden Parachutes, Severance, And Firm Value, Andrew C.W. Lund, Robert Schonlau

Florida Law Review

Golden parachutes (GPs) are now standard contract provisions for public company CEOs. While they have become ubiquitous, they have also been severely criticized for harming shareholder value. As a result, GPs are subjected to intense shareholder activism and are uniquely penalized under both tax and securities law. Recent empirical work suggests that they may indeed be associated with poor firm performance, validating the steps taken to reduce or eliminate GPs.

This Article offers reasons to rethink the consensus that has developed around GPs. First, this Article highlights a substantial endogeneity problem, which earlier studies linking GPs and firm values fail ...


The Limited Partnership In Indiana, Robert C. Brown 2017 Indiana University School of Law

The Limited Partnership In Indiana, Robert C. Brown

Robert C. Brown

No abstract provided.


Tax Laws Of Indiana As They Relate To Corporations For Profit, Harriet W. Bouslog, Robert C. Brown 2017 Member, Boston Bar

Tax Laws Of Indiana As They Relate To Corporations For Profit, Harriet W. Bouslog, Robert C. Brown

Robert C. Brown

No abstract provided.


Cases On Partnership And Other Unincorporated Associations, By Scott Rowley, Robert C. Brown 2017 Indiana University School of Law

Cases On Partnership And Other Unincorporated Associations, By Scott Rowley, Robert C. Brown

Robert C. Brown

No abstract provided.


A New Treatise Of Private Corporations, Robert C. Brown 2017 Indiana University School of Law

A New Treatise Of Private Corporations, Robert C. Brown

Robert C. Brown

No abstract provided.


Book Review. Cases On Business Organization By R. Magill And R. P. Hamilton, Robert C. Brown 2017 Indiana University School of Law

Book Review. Cases On Business Organization By R. Magill And R. P. Hamilton, Robert C. Brown

Robert C. Brown

No abstract provided.


Morris Hardwick Schneider Llc Et Al. Order On Plaintiff Landcastle Title, Llc's Motion For Summary Judgment On Defendant's Counterclaim, Melvin K. Westmoreland 2017 Fulton County Superior Court Judge

Morris Hardwick Schneider Llc Et Al. Order On Plaintiff Landcastle Title, Llc's Motion For Summary Judgment On Defendant's Counterclaim, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones 2017 Boston College Law School

The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones

Renee Jones

This Article challenges corporate governance theorists’ standard assumptions regarding the rationality of business leaders. It reviews scholarly research that documents the presence of irrational actors among senior corporate managers and considers the impact these executives might have on corporations and society. The Article focuses analysis on psychological literature that explores why risk-related decision-making often goes wrong. Research shows that many individuals have a dysfunctional approach to risk that leads them to engage in self-destructive conduct. A non-trivial number of individuals with problematic personality traits work at high levels of major corporations where they have the capacity to cause significant harm ...


Sound And Fury, Signifying Nothing: Why Shareholder Suits Are Ineffective To Promote Corporate Response To Climate Change, Eric J. Risley Jr. 2017 Boston College Law School

Sound And Fury, Signifying Nothing: Why Shareholder Suits Are Ineffective To Promote Corporate Response To Climate Change, Eric J. Risley Jr.

Boston College Environmental Affairs Law Review

Climate change has already impacted the planet in a number of ways. Perhaps most apparent, however, is climate change’s effects on the frequency and intensity of storms, droughts, and other major geologic and weather-related events. Such catastrophic events have also lead to significant loses by individuals and businesses alike. In particular, many corporations in areas most vulnerable to these sorts of catastrophes must adjust their corporate strategies to account and to prepare for the possibility of significant losses of property or business resulting from the effects of climate change. Some corporate boards, however, might be reluctant to take every ...


Food Deserts Are Ripe For Business, Ryelle Seymour 2017 Boston College Law School

Food Deserts Are Ripe For Business, Ryelle Seymour

Boston College Environmental Affairs Law Review

People living in food deserts lack access to nutritious food. Although growing awareness of food deserts has prompted federal and state governments to allocate resources to combat the problem, many municipal and state governments lack the funding, personnel, and expertise necessary to develop and implement programs to address food deserts. The private sector can take advantage of federal and local governmental incentive programs to establish an enterprise to serve food desert areas. The successful food desert intiatives implemented around the country can serve as a model for future programs. Because these businesses have proved to be profitable but are created ...


Human Rights And Cybersecurity Due Diligence: A Comparative Study, Scott J. Shackelford 2017 Indiana University Kelley School of Business

Human Rights And Cybersecurity Due Diligence: A Comparative Study, Scott J. Shackelford

University of Michigan Journal of Law Reform

No company, just like no nation, is an island in cyberspace; the actions of actors from hacktivists to nation-states have the potential to impact the bottom line, along with the human rights of consumers and the public writ large. To help meet the multifaceted challenges replete in a rapidly globalizing world—and owing to the relative lack of binding international law to regulate both cybersecurity and the impact of business on human rights—companies are reconceptualizing what constitutes “due diligence.” This Article takes lessons from both the cybersecurity and human rights due diligence contexts to determine areas for cross-pollination in ...


The Information Regulation Of Business Actors, Kishanthi Parella 2017 Washington and Lee University School of Law

The Information Regulation Of Business Actors, Kishanthi Parella

Faculty Scholarship

A transnational legal order (TLO) is emerging regarding the role of businesses in respecting human rights. This legal order includes multistakeholder initiatives, international organization recommendations and guidelines, NGO certifications, and other voluntary instruments. Many of the norms within this TLO are nonbinding and therefore lack mandatory compliance; what they may possess is persuasive power, particularly when the norms are developed, endorsed, and managed by reputable organizations. It is that reputational, or legitimacy, advantage that matters for encouraging industry associations to comply with the nonbinding norms associated with these organizations. Industry associations and other business actors will gravitate more towards legitimacy ...


The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones 2017 Boston College Law School

The Irrational Actor In The Ceo Suite: Implications For Corporate Governance, Renee M. Jones

Boston College Law School Faculty Papers

This Article challenges corporate governance theorists’ standard assumptions regarding the rationality of business leaders. It reviews scholarly research that documents the presence of irrational actors among senior corporate managers and considers the impact these executives might have on corporations and society. The Article focuses analysis on psychological literature that explores why risk-related decision-making often goes wrong.

Research shows that many individuals have a dysfunctional approach to risk that leads them to engage in self-destructive conduct. A non-trivial number of individuals with problematic personality traits work at high levels of major corporations where they have the capacity to cause significant harm ...


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 ...


The Principle Of Subsidiarity And The Law Of The Family Business, Scott T. FitzGibbon 2017 Boston College Law School

The Principle Of Subsidiarity And The Law Of The Family Business, Scott T. Fitzgibbon

Scott T. FitzGibbon

There is a considerable incongruity between the ends and aims of the business association, on the one hand, and the ends and aims of the family -- and thus of most family businesses -- on the other. This Essay proposes a principle for the guidance of the law in such matters. This is the principle of subsidiarity, which instructs government and the law to recognize the smaller organizations of society and to foster their functioning along lines appropriate to their purposes and along the lines intended by their principals. This Essay develops an especially rich account of the principle of subsidiarity, according ...


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