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Articles 1 - 15 of 15
Full-Text Articles in Law
Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten
Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten
Fordham Journal of Corporate & Financial Law
The U.S. Federal Trade Commission (FTC) has proposed a rule to declare virtually all non-compete agreements unfair methods of competition under Section 5 of the FTC Act and therefore, illegal. However, the empirical literature on non-compete agreements cited by the FTC in its Notice for Proposed Rulemaking (“NPRM”) shows mixed results on earnings, job creation, firm formation, entrepreneurship, training, investment, and firm value. Evidence in other current studies also does not support an economy-wide ban. The FTC concludes that the proposed rule would yield net benefits even though by its own admission it lacks the information necessary to conduct a …
Here To Stay: Wrestling With The Future Of The Quickly Maturing Spac Market, Matthew Diller, Rick Fleming, Stephen Fraidin, Aj Harris, Gregory F. Laufer, Mark Lebovitch, Gregg A. Noel, Hester M. Peirce, Usha R. Rodrigues, Mike Stegemoller, Verity Winship, Douglas Ellenoff
Here To Stay: Wrestling With The Future Of The Quickly Maturing Spac Market, Matthew Diller, Rick Fleming, Stephen Fraidin, Aj Harris, Gregory F. Laufer, Mark Lebovitch, Gregg A. Noel, Hester M. Peirce, Usha R. Rodrigues, Mike Stegemoller, Verity Winship, Douglas Ellenoff
Fordham Journal of Corporate & Financial Law
No abstract provided.
The External Dimension Of Eu Investment Law: Jurisdictional Clashes And Transformative Adjudication, Daniele Gallo, Fernanda G. Nicola
The External Dimension Of Eu Investment Law: Jurisdictional Clashes And Transformative Adjudication, Daniele Gallo, Fernanda G. Nicola
Fordham International Law Journal
EU trade and investment policy is in flux. The rate at which the global trade and investment architecture is evolving through the mega-regional Free Trade Agreements (“FTAs”) is unprecedented. In this context, we explain how European lawyers and trade negotiators are addressing the newly acquired investment competence, while at the same time reforming investment arbitration and proposing new systems of dispute resolution at the international level. EU trade negotiators have put forward transformative proposals for investment chapters in their FTAs to safeguard, above all, the autonomy of the EU legal order in its relationship with international arbitration law. By mapping …
Getting Caught Between The Borders: The Proposed Exemption Of The Canadian Mutual Fund From The Passive Foreign Investment Company Rules, Stephanie Ray
Fordham International Law Journal
No abstract provided.
China-Africa Investment Treaties: Old Rules, New Challenges, Won Kidane, Weidong Zhu
China-Africa Investment Treaties: Old Rules, New Challenges, Won Kidane, Weidong Zhu
Fordham International Law Journal
No abstract provided.
Private Equity Investment In The Brics, Andreas Woeller
Private Equity Investment In The Brics, Andreas Woeller
Fordham Journal of Corporate & Financial Law
This Article investigates the legal and economic environment for private equity investments in Brazil, Russia, India and China (“BRIC”). In contrast with disappointing returns in the 1990s, private equity investment has soared in developing countries over the past decade. To explain what has led to the recent success of private equity in the BRICs, this Article will first give an overview of the challenges faced generally when investing in portfolio companies in developing markets and then analyze the legal and economic framework for each of the four BRICs. This Article finds that Brazil and China offer the best opportunities for …
The Unjustified Subsidy: Sovereign Wealth Funds The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan
The Unjustified Subsidy: Sovereign Wealth Funds The Foreign Sovereign Tax Exemption, Jennifer Bird-Pollan
Fordham Journal of Corporate & Financial Law
The taxation of Sovereign Wealth Funds in the United States is outmoded and due for reconsideration. Offering a tax exemption to the billion dollar investment funds owned by foreign governments is both unfair and ineffective. Founded in the principles of sovereign immunity, the foreign sovereign tax exemption, codified in I.R.C. § 892, fails to satisfy the Congressional goals that motivated its creation. This Article explains the current taxation of foreign sovereigns and, by extension, Sovereign Wealth Funds. It then illustrates that the current exemption is simultaneously too broad, providing a tax exemption for activities that are clearly nongovernmental activities, and …
The Sec's "Fair Value" Standard For Mutual Fund Investment In Restricted Shares And Other Illiquid Securities , Janet Kiholm Smith Dr.
The Sec's "Fair Value" Standard For Mutual Fund Investment In Restricted Shares And Other Illiquid Securities , Janet Kiholm Smith Dr.
Fordham Journal of Corporate & Financial Law
No abstract provided.
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Should A Bank Acquire, Merge, Or Divest, Maureen S. Bateman
M&A: Survival Of The Fittest In The 21st Century, Strategic Positioning In The Banking And Communications Industries - Should A Bank Acquire, Merge, Or Divest, Maureen S. Bateman
Fordham Journal of Corporate & Financial Law
No abstract provided.
Takings Clause Analysis Of Utility Ratemaking Decisions: Measuring Hope’S Investor Interest Factor, Sean P. Madden
Takings Clause Analysis Of Utility Ratemaking Decisions: Measuring Hope’S Investor Interest Factor, Sean P. Madden
Fordham Law Review
No abstract provided.
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
The Employee Retirement Income Security Act Of 1974 And Union Influence In Pension Fund Investment Decisions, Gerald P. Cunningham
Fordham Urban Law Journal
Unions will eventually attempt to gain a voice in the direction of the investment of pension funds to which their members contribute. The Employee Retirement Income Security Act of 1974 (ERISA) contains provisions relating to fiduciary duty which may bar union influence over the investment decision-making process. This Note addresses the issue of whether a union-appointed fiduciary may influence investment decisions to incidentally benefit the union without violating the fiduciary duty provisions of ERISA. Ultimately, Courts should apply a materiality standard when interpreting the fiduciary duty provision of ERISA. The issue should be whether the investment decision was materially affected …
The Investment Decision In The Central City: A Consideration Of A Property Tax Abatement Law , Dipak K. Gupta, Louis M. Rea
The Investment Decision In The Central City: A Consideration Of A Property Tax Abatement Law , Dipak K. Gupta, Louis M. Rea
Fordham Urban Law Journal
This article addresses an indirect policy approach to handling "gray areas" in large central cities where dilapidated and deteriorated housing go unresolved. Rather than focusing on abandonment and rebuilding, the article looks to fostering renewal of existing structures through property tax abatement programs. Using Pittsburgh as a model and experience to outline the framework for such a program, the article attempts to enhance ones understanding of the economic impacts that a property tax can have on the condition of city housing. The article concludes that for any city to embark on a tax abatement policy, it must understand the conditions …
The Real Estate Investment Trust: State Law Problems
The Real Estate Investment Trust: State Law Problems
Fordham Law Review
No abstract provided.
Real Estate Investment Trusts: Problems And Prospects, Theodore Lynn
Real Estate Investment Trusts: Problems And Prospects, Theodore Lynn
Fordham Law Review
No abstract provided.
Losses Resulting From Stock Becoming Worthless – Deductability Under Federal Income Tax Laws, Joseph B. Lynch
Losses Resulting From Stock Becoming Worthless – Deductability Under Federal Income Tax Laws, Joseph B. Lynch
Fordham Law Review
No abstract provided.