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- Keyword
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- Activist; Company; Target Controlled Company; Activism; Controlled Companies; Shareholder-Empowering; Shareholder-Empoyerment; Shareholder; Election; Minority Directors; Directors; Principal-Principal; Agency; De jure; De facto; Corporate Governance; Appointment; Board Representation; Institutional Investor; Board Representation; Controller; Non-activist; Shareholder Engagement (1)
- CASL; Anti-Spam law; spam law; Canadian anti-spam law; Canada spam law; U.S. spam law; CAN-SPAM; compare CASL and CAN-SPAM; U.S. business CASL; marketing consent; Email Marketing; Digital Marketing; Customer segmentation; spam law compliance; Electronic Commerce Protection Act; ECPA; express consent; implied consent; email optout; email unsubscribe (1)
- Compliance; legitimacy; employees; perception; ethics; reform; corporate culture; reporting; standards; management; officer; oversight; finance; incentives; rational; moral disengagement; social norms; ethical behavior; violations; rationalizations; fraud; deceptive; committee; CECO; board of directors; monitoring; measurements; annual report (1)
- Corporate social responsibility; CSR; compliance; regulation; mandates; disclosure; due dilligence; self-regulation; China; India; Companies Act of 2013; France; Duty of Vigilance Law; Switzerland; European Union; Directive on the Disclosure of Non-Financial Information; SEC; Regulation S-K; Concept Release; Dodd-Frank; ESG; California; California Tranparency in Supply Chains Act; prevention; detection; investigation; remediation; Organization for Economic Coopertion and Development; OECD; Non-governmental Organizations; NGOs; New Governance Theory (1)
- Eastman Dillon & Co. (1)
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- Inc. v. Makor Issues & Rights (1)
- Inc.; Tellabs (1)
- International arbitration; third-party funding; litigation finance; champerty; maintenance; cross-border disputes; investor-state dispute settlement; international; investment (1)
- Ltd. (1)
- Securities; traders; artificial intelligence; markets; regulation; machine learning; intent; scienter; price manipulation; enforcement action; deep learning; artificial neural networks; ANN; financial modeling; The Securities and Exchange Act of 1934; black box; autonomous trading; wash sale; 10(b); SEC; 10(b)-5; 20(a); CFTC; FINRA; broker-dealer; SEC v. Masri; SROs; GAAP; financial reporting; recklessness; circumstantial evidence; misstatements; omissions; Facebook; Rolf v. Blyth (1)
- Yellowstone injunction; landlord; tenant; New York City; rent control; rent stabilization; tolling; leasehold forfeiture; injunctive relief; NYCPLR; defaults; bankruptcy; timely filings; cure periods; standards of appeal; declaratory judgement; factor test; equitable relief; temporary restraining order; TRO; mechanic's lien; property interests; monetary default; (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Chipping Away At Compliance: How Compliance Programs Lose Legitimacy And Its Impact On Unethical Behavior, David Hess
Chipping Away At Compliance: How Compliance Programs Lose Legitimacy And Its Impact On Unethical Behavior, David Hess
Brooklyn Journal of Corporate, Financial & Commercial Law
Employee perceptions of an organization’s compliance program are critical. A program that has lost legitimacy with its employees is not just ineffective, but it creates more harm than good by leading to more unethical behavior. This Article identifies ways in which compliance programs can start to lose legitimacy, explains how that lost legitimacy leads to increased wrongdoing, and then concludes by setting out some basic reforms focused on helping stop this downward spiral and protecting the legitimacy of the compliance function.
Social Responsibility Regulation And Its Challenges To Corporate Compliance, Stephen Kim Park
Social Responsibility Regulation And Its Challenges To Corporate Compliance, Stephen Kim Park
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article addresses the intersection of corporate social responsibility and corporate compliance. In this context, the focus of this Article is on regulation that seeks to enhance socially responsible corporate conduct and its implications for the compliance function. Social responsibility regulation raises operational concerns for companies, including problems associated with assessing social performance, the proliferation and fragmentation of legal obligations, and the contested nature of the social issues that it addresses. As laws mandating socially responsible corporate conduct continue to grow in number and expand in scope, corporations will increasingly need to acknowledge and respond to these challenges.
“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block
“Fair Enough”? Revising The Yellowstone Injunction To Fit New York’S Commercial Leasing Landscape And Promote Judicial Economy, Gabriel W. Block
Brooklyn Journal of Corporate, Financial & Commercial Law
The Yellowstone injunction is an equitable remedy that tolls any applicable cure period and gives tenants a better opportunity to maintain their leasehold when they have defaulted under their lease. The remedy is available to commercial tenants in New York City and to commercial and residential tenants throughout the State. This Note examines the Yellowstone injunction in the context of New York City’s commercial tenants, who employ it most frequently and benefit most from its protections. This Note examines the development and application of the Yellowstone injunction and proposes changing the doctrine to exclude cases of monetary defaults and expired …
Artificial Intelligence & Artificial Prices: Safeguarding Securities Markets From Manipulation By Non-Human Actors, Daniel W. Slemmer
Artificial Intelligence & Artificial Prices: Safeguarding Securities Markets From Manipulation By Non-Human Actors, Daniel W. Slemmer
Brooklyn Journal of Corporate, Financial & Commercial Law
Securities traders are currently competing to use Artificial Intelligence (A.I.) in order to make more profitable decisions in the marketplace. While A.I. provides superior abilities in recognizing market patterns, its complexity can obscure its decision-making process beyond human comprehension. Problematically, the current securities laws prohibiting manipulation of securities prices rest liability for violations on a trader’s intent. In order to prepare for A.I. market participants, both courts and regulators need to accept that human concepts of decision-making will be inadequate in regulating A.I. behavior. However, the wealth of case law in the market manipulation doctrine need not be cast aside. …
Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina
Third-Party Funding: The Road To Compatibility In International Arbitration, Vienna Messina
Brooklyn Journal of International Law
Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, …
The King Of The Casl: Canada’S Anti-Spam Law Invades The United States, Arthur Shaykevich
The King Of The Casl: Canada’S Anti-Spam Law Invades The United States, Arthur Shaykevich
Brooklyn Law Review
U.S. businesses periodically adjust their marketing practices to foreign law innovations. Several years ago, U.S. businesses emailing into Canada had to incorporate Canada’s Anti-Spam Law, otherwise known as CASL. Businesses that believed they email only U.S.-based customers likely dismissed CASL as not applicable. Others may never have heard of the law altogether. As this note discusses, CASL created a compliance conundrum for U.S. businesses. Since CASL methodically differs from the U.S. anti-spam law, CAN-SPAM, it may be in a business’s best interest to apply this law to its Canadian subset and not to the entire email population. Neither the law …
Activist Shareholders At De Facto Controlled Companies, Gaia Balp
Activist Shareholders At De Facto Controlled Companies, Gaia Balp
Brooklyn Journal of Corporate, Financial & Commercial Law
Activist campaigns are likely to increasingly target controlled companies. Studies concerning activism at controlled companies focus on shareholder-empowering tools, such as the right to nominate and elect minority directors on the board, as a pathway for limiting the principal-principal agency problem. However, not enough attention has been paid to the distinction between de jure and de facto controlled companies. Building on a recent case concerning a leading Italian corporation, this Article analyzes the possible unexpected corporate governance consequences of successful activist intervention at de facto controlled companies, showing that, where minority shareholders are granted the right to appoint directors on …