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Full-Text Articles in Law
Limiting The Use Of The Rico Act As A Defense To Hostile Corporate Takeovers, Mary Ann Lesniak
Limiting The Use Of The Rico Act As A Defense To Hostile Corporate Takeovers, Mary Ann Lesniak
University of Michigan Journal of Law Reform
This Note argues that RICO could be a legitimate defense to a hostile corporate takeover pursuant to a cash tender off er if shareholders who retain stock will be harmed by the takeover. Part I of this Note examines the general background of the RICO Act. Part II applies the Act to a hostile cash tender offer and examines each element of a civil RICO action. Part III advocates the use of RICO's injury requirement to limit this application of the Act and analyzes the potential injuries to shareholders and management during a hostile cash tender offer. This limitation upon …
European Merger Control: Legal And Economic Analyses On Multinational Enterprises, Volume 1, Michigan Law Review
European Merger Control: Legal And Economic Analyses On Multinational Enterprises, Volume 1, Michigan Law Review
Michigan Law Review
A Review of European Merger Control: Legal and Economic Analyses on Multinational Enterprises, Volume 1 edited by Klaus Hopt
The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review
The Attorney-Client Privilege And The Corporate Client: Where Do We Go After Upjohn?, Michigan Law Review
Michigan Law Review
Part I of this Note examines two of the more popular standards, the Seventh Circuit's "subject matter test" and the Eighth Circuit's "modified subject matter test" and concludes that neither approach is entirely consistent with the purposes of the privilege. Part II argues that the courts should adopt the Eighth Circuit's test with two further modifications. One revision is but a demand for clarification and consistency: the courts should explicitly adopt Dean Wigmore's legal advice requirement for corporate clients. The other modification is more radical: the command requirement should be eliminated. Under this approach, every employee may stand in the …