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The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger 2017 Boston College Law School

The Cure Is Worse: First Circuit Circumvents False Claims Act's First-To-File Rule In United States Ex Rel. Gadbois V. Pharmerica Corp., Daniel Sorger

Boston College Law Review

In 2015, in United States ex rel. Gadbois v. PharMerica Corp., the U.S. Court of Appeals for the First Circuit held that a qui tam relator could use supplementation to cure a jurisdictional first-to-file defect in a False Claims Act (“FCA”) action. In contrast, in 2010, the U.S. Court of Appeals for the Seventh Circuit in United States ex rel. Chovanec v. Apria Healthcare Group, Inc. held that relators barred by first-to-file must face dismissal without prejudice and then refile if they are to proceed. Separately, in 2015, the U.S. Court of Appeals for the D.C ...


Banks And Banking–12 U.S.C. Section 85–The Broadened Power Of National Banks Regarding Interest Rates On Credit Card Transactions, Lucrecia Ann Henderson 2017 Selected Works

Banks And Banking–12 U.S.C. Section 85–The Broadened Power Of National Banks Regarding Interest Rates On Credit Card Transactions, Lucrecia Ann Henderson

Ann Henderson

No abstract provided.


La Cláusula De Declaraciones Y Garantías En Un Contrato De Compraventa De Acciones, Martín Melgarejo 2017 Universidad de Lima

La Cláusula De Declaraciones Y Garantías En Un Contrato De Compraventa De Acciones, Martín Melgarejo

Martín Melgarejo

No abstract provided.


Get Your Own Street Cred: An Argument For Trademark Protection For Street Art, Danielle Crinnion 2017 Boston College Law School

Get Your Own Street Cred: An Argument For Trademark Protection For Street Art, Danielle Crinnion

Boston College Law Review

Street art is visual art created in public spaces, many times at the behest of the communities in which the work is created. It is a derivative of graffiti, which is the illicit marking of public locations, usually on buildings or train cars. Retailers’ appropriation of street art and graffiti is becoming commonplace, causing confusion in the market. As a result, street artists have filed an increasing number of copyright and trademark infringement lawsuits to protect their intellectual property rights. There is a debate regarding whether these artists are entitled to trademark protection given the expressive nature of their marks ...


Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green 2017 Boston College Law School

Standing In The Future: The Case For A Substantial Risk Theory Of "Injury-In-Fact" In Consumer Data Breach Class Actions, Nicholas Green

Boston College Law Review

The increasing digitalization of our personal and professional lives has generated corresponding growth in the amount of electronically stored private information in the hands of third parties. That private information is at risk of theft, loss, or manipulation. Employers that hold employee tax information and merchants that hold significant troves of consumer credit card data are particularly attractive targets. When hackers strike, victims often band together in federal class actions, naming the custodians of their private data as defendants. More and more, however, district courts are dismissing these class action claims at the doorstep for lack of Article III standing ...


Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland 2017 Boston College Law School

Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland

Boston College Law Review

State statutes prohibit unjust or unreasonable natural gas utility rates. Public Utility Commissions (“PUCs”) administer these state laws and permit gas distribution companies to recover natural gas commodity costs related to lost and unaccounted for gas from customers through “purchased gas adjustment clauses.” In most of those states, PUCs permit "total recovery" of all lost and unaccounted for gas costs via these clauses using periodic rate adjustments. A small number of PUCs have reformed purchase gas adjustment clauses in order to incentivize gas distribution companies to reduce lost and unaccounted for gas. This Note advocates for all state public utility ...


The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai 2017 Archival Magazine

The New Era Of Doing Business With Iran: Iran’S International Commercial Transactions And Global Security, John Changiz Vafai

Pace International Law Review

On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems.

Given the juxtaposition of Iran’s duopolistic government structure and ideologically oriented decision-making ...


Explorations In The Classroom: A Book Review Of Secured Credit: A Systems Approach, Nathalie Martin 2017 Selected Works

Explorations In The Classroom: A Book Review Of Secured Credit: A Systems Approach, Nathalie Martin

Nathalie Martin

Students are often surprised by how much they enjoy commercial law. Anyone who finds either money or power interesting is likely to see the potential for fun in a class where these issues are discussed. In a capitalist society, "Money Law" reflects virtually all of our societal values in one way or another, reflects the culture of capitalism at work, and is "Law and Society" in the broadest sense. While most people find it hard to get excited about secured transactions, this sentiment is not likely to last long if the teacher uses Secured Credit: A Systems Approach. Part I ...


German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen 2017 University of Augsburg

German Conflict Rules And The Multinational Enterprise, Dagmar Coester-Waltjen

Georgia Journal of International & Comparative Law

No abstract provided.


Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan 2017 Texas A&M University School of Law

Drugs, Drugs Everywhere But Just Not For The Poor, Srividhya Ragavan

Srividhya Ragavan

The objective for this article is to understand the legitimacy and limitations of US involvement in another country’s sovereign actions taken expressly in the public interest, or to protect public health, such as the compulsory licensing of pharmaceuticals.


Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook, Tom Kierner 2017 Indiana University Maurer School of Law

Developments In The Law Affecting Electronic Payments And Financial Services, Sarah Jane Hughes, Stephen T. Middlebrook, Tom Kierner

Articles by Maurer Faculty

No abstract provided.


Corporate Officers As Agents, Deborah A. DeMott 2017 Duke Law School

Corporate Officers As Agents, Deborah A. Demott

Faculty Scholarship

Although officers are crucial to corporate operations, scholarly and theoretical accounts tend to slight officers and amalgamate them with directors into a single category, "managers." This essay anchors officers within the common law of agency-as does black-letter law-which crisply differentiates officers from directors. Understanding that agency is central of the legal account of officers' positions and responsibilities is crucial to seeing why, like directors, officers are fiduciaries, but distinctively so, not as instances of generic "corporate fiduciaries." Officers, like directors, owe duties of loyalty, but also particularized duties of care, competence, and diligence. Additionally, officers' duties of performance encompass two ...


Fiat Lux: Tracing A Standard Of Review For Class Certification Orders, Curtis E.A. Karnow 2016 California Superior Court (San Francisco)

Fiat Lux: Tracing A Standard Of Review For Class Certification Orders, Curtis E.A. Karnow

Curtis E.A. Karnow

 An historical investigation of California’s  standards of review  of class certification orders, together with an analysis of the standard and its implications for the practical work of trial judges and lawyers litigating class actions. The article concludes by emphasizing the role of the trial plan in certification motions.


Freedom To Mislead: The Fictitious Freedom To Contract Around Fraud Under Delaware Law, Hao Jiang 2016 Selected Works

Freedom To Mislead: The Fictitious Freedom To Contract Around Fraud Under Delaware Law, Hao Jiang

Dr. Hao Jiang

In the past 15 years, Delaware courts seem to have created a rule that allowed sophisticated parties to contract around fraud by using an unambiguous disclaimer and integration clause. Supposedly, an extra-contractual fraud claim would be dismissed had there been an unambiguous disclaimer. However, a survey of Delaware cases tells a different story. When dismissing the fraud claims, courts has either found that there was no justifiable reliance to establish a fraud claim or they were convinced that there was no fraud. The cases would have been decided the same without the disclaimer.  


The European Court Of Justice Declares That Regulation No 1924/2006 Applies To Health Claims Directed At Health Professionals: The Verband Sozialer Wettbewerb Ev Judgment (Case C-15/19), Luis González Vaqué, Silvia Bañares Vilella, Sebastián Romero Melchor 2016 Asociación Iberoamericana para el Dereho Alimentario

The European Court Of Justice Declares That Regulation No 1924/2006 Applies To Health Claims Directed At Health Professionals: The Verband Sozialer Wettbewerb Ev Judgment (Case C-15/19), Luis González Vaqué, Silvia Bañares Vilella, Sebastián Romero Melchor

Luis González Vaqué

«Article 1(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods, as amended by Commission Regulation (EU) No 1047/2012 of 8 November 2012, must be interpreted as meaning that nutrition or health claims made in a commercial communication on a food which is intended to be delivered as such to the final consumer, if that communication is addressed not to the final consumer, but exclusively to health professionals, falls within the scope of that regulation»


Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens 2016 University of Georgia School of Law

Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens

Georgia Journal of International & Comparative Law

No abstract provided.


Taxation – Selection Of Exchange Rate For Translation Purposes -- Where Multiple Exchange Rates Exist For A Foreign Currency And The Underlying Transaction Is Financial In Nature, The Proper Rate For Translation Components Of Taxable Income Is The "Free" Market Rate (Durovic V. Commissioner Of Internal Revenue, 7th Cir. 1976), Tim J. Floyd 2016 University of Georgia School of Law

Taxation – Selection Of Exchange Rate For Translation Purposes -- Where Multiple Exchange Rates Exist For A Foreign Currency And The Underlying Transaction Is Financial In Nature, The Proper Rate For Translation Components Of Taxable Income Is The "Free" Market Rate (Durovic V. Commissioner Of Internal Revenue, 7th Cir. 1976), Tim J. Floyd

Georgia Journal of International & Comparative Law

No abstract provided.


The Andean Foreign Investment Code: An Overview, Lloyd Pike 2016 University of Georgia School of Law

The Andean Foreign Investment Code: An Overview, Lloyd Pike

Georgia Journal of International & Comparative Law

No abstract provided.


The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow 2016 University of Georgia School of Law

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be ...


La Carta De Intención (Letter Of Intent) En La Adquisición De Empresas: ¿Son Contratos Preparatorios?, Marco Andrei Torres Maldonado 2016 Universidad Nacional Mayor de San Marcos

La Carta De Intención (Letter Of Intent) En La Adquisición De Empresas: ¿Son Contratos Preparatorios?, Marco Andrei Torres Maldonado

Marco Andrei Torres Maldonado

En el presente artículo se aborda, desde un enfoque práctico y dogmático, la trascendencia de la denominada carta de intención en la práctica corporativa. Según el autor, independientemente del carácter no vinculante que suele revestir la carta de intención, su celebración genera, para las partes, una serie de compromisos jurídicamente vinculantes, entre ellos, la obligación de negociar al amparo del principio de la buena fe, por lo que aunque per se no vincula a las partes para suscribir el contrato definitivo de adquisición de la compañía target, el abandono injustificado, arbitrario y abusivo sí resulta resarcible.


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