Business Commons^™

Corporations And The 99%: Team Production Revisited, Shlomitt Azgad-Tromer

Fordham Journal of Corporate & Financial Law

This Article explores the legal manifestation of the interaction between the general public and the public corporation. Revisiting team production analysis, this Article redefines the corporate team and argues that while several constituencies indeed form part of the corporate team, others are exogenous to the corporate enterprise. Employees, suppliers and financiers contribute together to the common corporate enterprise, enjoying a long-term relational contract with the corporation, while retail consumers contract with the corporation at arm’s length, and other people living alongside the corporation do not contract with it at all. Under this organizational model, the general public may participate in …

What We Talk About When We Talk About Voting: Efficiency And The Error In Empty Voting, Patricia Beck

Fordham Journal of Corporate & Financial Law

Under the shareholder primacy model, shareholders exercise voting power because their votes are wealth maximizing and efficient. The practice of decoupling, or the strategic separation of the right to vote on a share from the economic ownership of that share, undermines this efficiency. The decoupled investor’s interests are not aligned with maximizing the value of the corporation and decoupled investors have, to the detriment of all other shareholders, used their voting power to dictate inefficient corporate decisions. This Note advocates for proxy card disclosure of decoupled shares and subsequent voiding of the decoupled votes. In this way, only those shares …

Are We Ready For The Next Financial Crisis?, Matthew Diller, Eic F. Grossman, Richard K. Kim, Richard Squire, David M. Gallagher Jr.

Fordham Journal of Corporate & Financial Law

The Symposium was held at Fordham University School of Law on October 30, 2015. It has been edited to remove minor cadences of speech that appear awkward in writing and to provide sources and references to other explanatory material with respect to certain statements made by the speakers.

World Tours And The Summer Olympics: Recent Pitfalls Under The Foreign Corrupt Practices Act In The Areas Of Gifts, Entertainment, And Travel, Jon Jordan

Fordham Journal of Corporate & Financial Law

In the spring of 2015, the United States Securities and Exchange Commission brought two significant Foreign Corrupt Practices Act cases involving gifts, entertainment, and travel. The SEC brought the case of In the Matter of FLIR Systems involving FCPA violations concerning the financing of a “world tour” of personal travel for government officials. The SEC then filed the case of In the Matter of BHP Billiton involving FCPA violations concerning the sponsored attendance of foreign officials at the 2008 Summer Olympics in Beijing. These landmark cases affirm previous guidance by the Securities and Exchange Commission and the United States Department …

Defining "Material, Nonpublic": What Should Constitute Illegal Insider Information?, Cindy A. Schipani, H. Nejat Seyhun

Fordham Journal of Corporate & Financial Law

It has been over fifty years since the United States Securities and Exchange Commission held that insider trading on material, nonpublic information is illegal, and despite the passage of the Insider Trading Sanctions Act in 1984, Insider Trading and Securities Fraud Enforcement Act in 1988, and the Sarbanes-Oxley Act of 2002, there is still no clear definition of “material, nonpublic information.” This Article argues that the ambiguity of what constitutes illegal insider information enables corporate insiders to engage in profitable transactions without legal consequences. Furthermore, we argue and provide evidence that the necessity of showing a tipper’s personal benefit creates …

Can't Live With Them, Can't Live Without Them: How Mini-Cfpas And Surety Bonds Could Make A World With Debt Settlement Companies More Bearable, Jasmine S. Chean

Fordham Journal of Corporate & Financial Law

Debt settlement companies can offer a simple and valuable means of resolving consumer debt. However, many debt settlement companies choose to engage in unfair, deceptive, or abusive acts and practices at the expense of desperate debt-ridden consumers, making it an unrealistic option of debt relief. Due to the unfair, deceptive, and abusive acts and practices by some debt settlement companies, the regulatory regime has been trending towards increased regulation. However, the lack of enforcement and severity of existing regulations causes persistent problems in the debt settlement industry, resulting in increased consumer debt instead of consumer debt relief. This Note advocates …

The Fifteenth Annual Albert A. Destefano Lecture On Corporate, Securities, & Financial Law At The Fordham Corporate Law Center, Frederick H. Alexander, Chris Cernich, Mark Lebovitch, Norman M. Monhait, Andrew J. Pincus

Fordham Journal of Corporate & Financial Law

No abstract provided.

Sunlight Bylaws And Reciprocal Disclosures, Grace Lee Mead

Fordham Journal of Corporate & Financial Law

Publicly-traded companies have the power to pass sunlight bylaws to address hedge fund activism. Sunlight bylaws would require activist hedge funds to publicly disclose any strategic proposals and their financial interests in companies earlier and at thresholds lower than current securities laws. Sunlight bylaws would also require disclosure of additional information, including: (1) the percentage of the fund’s portfolio invested in the company; (2) the fund manager’s compensation; (3) the fund manager’s investment in the fund; (4) the fund’s portfolio turnover; and (5) the fund’s prior holding periods after any announcements of an ownership interest and a strategic proposal. Academic …

The Overstated Absolute Priority Rule, Stephen J. Lubben

Fordham Journal of Corporate & Financial Law

No abstract provided.

Private Equity's Overleveraging Of Portfolio Companies, Sophia Agathis

Fordham Journal of Corporate & Financial Law

With record-low interest rates, private equity has seen unparalleled activity in recent years. Though thriving, private equity firms have proved to be guilty of overleveraging their portfolio companies as general partners. The results of overleveraging have been varied. At one end, firms seem dedicated to a portfolio company’s restructuring, investing further and pledging more capital in hopes of future growth. At the other end, firms wishing to exit their investment, redeem debt previously given to a portfolio company at a premium and engage in a quick sale thereafter, leaving that company unable to satisfy its future obligations. Firms that engage …

A Single Call: The Need To Amend The Parent-Subsidiary Relationship Under The Ftaia In View Of Motorola Mobility, Catherine E. Cognetti

Fordham Journal of Corporate & Financial Law

In Motorola Mobility, LLC v. AU Optronics Corporation, the Seventh Circuit dismissed Motorola’s Sherman Act claims under the Foreign Trade Antitrust Improvement Act. In doing so, they held that Motorola’s American parent corporation was a separate entity from their foreign subsidiaries, and thus barred from bringing suit under the indirect purchaser doctrine. The effect of the Seventh Circuit’s decision precluded injured purchasers from recovering damages under the Sherman Act—Motorola’s subsidiaries could not sue because their injuries occurred abroad, while Motorola could not sue because it did not make direct purchases from the antitrust violators.

Courts have often considered a parent …

A Systems Approach To Evaluation Metrics: A Case Study Of Salvation Farms, Julia D. Scheier

Capstone Collection

This paper examines how integrating systems thinking into nonprofit work and evaluation metrics can help to advance an organization’s mission and clarify that mission to the public. The researcher will utilize her practicum site at Salvation Farms, a small nonprofit in northern Vermont, as a case study to observe the extent to which this organization utilizes systems thinking and how current evaluation metrics can be improved to more effectively inform and involve the community. Salvation Farms’ mission, after all, is to build greater resilience into Vermont’s food system through agricultural surplus management.

The researcher offers a literature review on systems …

Effective General Entrepreneurial Learning Programs For Sme Development, Paul Kenneth Steele

Capstone Collection

The principle objective of this paper is to reexamine the potential for impactful, general programs in education for Small and Medium Enterprise (SME) owners by assessing the success of a program called SME PRIME; conducted by AMIDEAST, Oman for six Omani entrepreneurs over a seven-month period.

General programs for entrepreneur education are produced and implemented the world over despite consistent assertions throughout academic literature that such programs are ineffective. Typical approaches to training program development and evaluation emphasize the critical role of training needs analysis. Training needs analysis is often an ignored step in the process of SME training program …

The Effects Of Corporate Social Responsibility On Financial Performance, Marly Mentor

Honors Undergraduate Theses

Companies have taken the initiative to be socially responsible over the years. In the past, the focus for companies has been on maximizing wealth. With the growth of corporate social responsibility (CSR), there has been many debates regarding its benefits. More companies are beginning to realize the value of being socially responsible and how critical it is to business function. This paper researches past studies on the relationship between corporate social responsibility and financial performance. This relationship is then tested using a reliable source of data on corporate social responsibility performance. This study uniquely looks at the accounting and market-based …

Women's Professional Sports: A Case Study On Practices That Could Increase Their Profitability, Danielle H. Mcardle

Honors Undergraduate Theses

Women’s professional sports leagues have often been considered a risky business endeavor. Critics cite low attendance, lack of sponsorships, lack of media rights deals, and numerous other reasons for why women’s professional sports leagues are not profitable. In analyzing the current landscape of women’s professional sport leagues, this paper uses a case study approach to develop a strategy that will highlight lessons learned from past women’s professional sports leagues, current professional sports leagues, sponsorship agreements, fans, social, digital, and mobile marketing strategies, and management practices to show how the business of women’s sports could be made into a more profitable …

We Want To Do It Our Way: The Neutralisation Approach To Managing Information Systems Security By Small Businesses, Kennedy Njenga, Pierre Jordaan

The African Journal of Information Systems

Small businesses thrive in the developing economy of South Africa and address the important issue of unemployment and poverty that exists in the country. A large number of these businesses can be found in the province of Gauteng due to the large and diverse economic contribution the province delivers to the economy of South Africa. With the increased use of Information Systems (IS) by small businesses across the Gauteng province and in South Africa generally, there is increasingly constant exposure to information security risks. Interestingly, standards such as NISTIR 7621 specifically tailored to small businesses and which could offer great …

Antecedents Of Emotional Labor And Job Satisfaction In The Hospitality Industry, Valeriya Shapoval

Electronic Theses and Dissertations

It is a general policy in the hotel industry that all the service should be provided in the friendly and a professional manner. The first smile of a front desk clerk or a wait staff can make a difference in customer satisfaction and loyalty. A service quality is becoming more important with increase of competitiveness among hotels and hotel brands. A process of regulating positive emotions for an organization is called Emotional Labor (EL) (Grandey, 2000). While essential for the hospitality industry, empirical research on EL is very limited, and research on EL during stressful situations is almost nonexistent. To …

The Effect Of Brand Diversification And Systematic Risk On Firm Shareholder Wealth: The Case Of Brinker International, Inc., Abdullah Makki

Electronic Theses and Dissertations

Divestiture activity within the restaurant industry has increased in the last twenty years, however there is a dearth of research investigating the subsequent effects of the phenomenon. In particular none of the studies in the literature, have specifically examined the effects of restaurant firms' brand diversification strategies and systematic risk on shareholder wealth when controlling for divestiture completions. This research extends the knowledge from previous work on corporate unbundling and brand diversification strategies to the unique restaurant industry. Drawing on agency theory, the long- and short-term effects of the resulting brand diversification levels on firm shareholder wealth following a divestiture …

Current Practices In Ceo Succession: Results Of The 2016 Hr@Moore Survey Of Chief Hr Officers, Patrick M. Wright, Anthony J. Nyberg, Donald J. Schepker, Ormonde Cragun, Michael D. Ulrich

Reports

The 2016 HR@Moore Survey focused on CEO succession practices firms currently implement to maximize the likelihood of success in the choice of the next CEO. The report asks questions regarding non-public data. Here, we aggregate the results to describe current practices of CEO succession across organizations. The results suggest that both CEOs and boards are heavily involved in CEO succession. They also show a large number of firms are not prepared for an unexpected CEO departure, having no successor candidates fully prepared for such an event, and would instead be forced to settle for “readyenough” candidates. And while the diversity …

Open Educational Resources Textbook List, Zachariah Claybaugh, Chelsea Stone

Librarian Publications

Discipline specific OER textbook list for departments at SHU, compiled by Zach Claybaugh and Chelsea Stone.

Graduate Catalog 2016-2017, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

M.B.A. In Entrepreneurship 2016, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

Mba In Business Intelligence/Analytics 2016, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

M.B.A. In Business Intelligence Analytics Course Descriptions 2016, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

M.B.A. In Business Intelligence Analytics Program Features And Curriculum 2016, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

M.B.A. In Finance, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

Master Of Public Administration Mission Statement And Overview 2016, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

M.B.A. In Human Resource Management 2016, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

Master Of Accounting 2016, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.

Transcript Request Form, Nova Southeastern University

Huizenga Postgraduate Course Catalogs

No abstract provided.