Law Commons^™

Jack Daniel’S Highlights The Second And Ninth Circuit’S Divide On The Application Of The Rogers Test, Hannah Knab

American University Business Law Review

No abstract provided.

Legal Issues In Tribal E-Commerce, Adam Crepelle

American University Business Law Review

No abstract provided.

Common Law Rules: Applying Common Law Principles To Reassigned Phone Number Disputes Under The Tcpa, Monica Fritsch

American University Business Law Review

No abstract provided.

Non-Debt And Non-Bank Financing For Home Purchase: Promises And Risks, Shelby D. Green

American University Business Law Review

No abstract provided.

The Feca’S Foreign Nationals Prohibition In United States V. Singh: Criminalizing Campaign Contributions Without The Requisite Mens Rea And The Ramifications For Foreign Corporations With Domestic Subsidiaries, Abigail Gampher

American University Business Law Review

No abstract provided.

Towards Shareholder Vote On Equity Issuances, Niccolò Calvi

American University Business Law Review

No abstract provided.

The Inchoate Meaning Of “Covered Security” Under The Securities Act Of 1933 – A Look At A Bank “In Organization”, Michael D. Waters

American University Business Law Review

No abstract provided.

Uniform Mortgage-Backed Securities: An Analysis Of The Regulatory Hurdles Caused By The Federal Housing Finance Agency’S Standardization Of The Tba Market, Elizabeth Ashlee Kuan

American University Business Law Review

No abstract provided.

Unlocking Progressive Corporate Governance: The Black And Brown Hdfc Key, Gregory Louis

American University Business Law Review

No abstract provided.

Dudenhoeffer: Why Concealment Of Fraud Violates The Fiduciary Duty-Of-Prudence, Kolton G. Whitmire

American University Business Law Review

I. INTRODUCTION

In 1974, Congress sought to encourage a form of a retirement fund known as an employee stock ownership plan (“ESOP”). The statutory mandates of these plans are outlined in the Employee Retirement Income Security Act (“ERISA”). ESOPs are invested in stock of the company in which the employee works. In this way, ESOP planners’ (“plan fiduciaries”) obligations are necessarily unique. Whereas most fiduciaries are required to prudently diversify investments to protect their beneficiaries, ESOP planners are not similarly mandated. Further, Congress allows ESOP planners to concurrently be officers of the corporation in which the stock was invested. This …

Shifting Contour Of Data Sharing In Financial Market And Regulatory Responses: The Uk And Australian Models, Han-Wei Liu

American University Business Law Review

I. INTRODUCTION

Starting from Directive 2015/2366 on Payment Services in the Internal Market — known as PSD II in the European Union (EU) — countries across the world have or are contemplating a new framework to govern data sharing among different players in the financial market. “Open Banking,” as this trend is called, requires or encourages — depending on the regulatory models adopted in different jurisdictions — banks to share consumer-permissioned banking data with third parties securely, in a form that facilitates its use. The Open Banking initiatives have diffused from the EU, and the UK, to elsewhere. The current …

Two Minutes For Unfair Restraint: How The Nhl-Chl Player Transfer Agreement Serves As A Catalyst For Abuse Of Dominance, Alex Dourian

American University Business Law Review

I. INTRODUCTION

The NHL-CHL Player Transfer Agreement (“Agreement”) is an arrangement between the National Hockey League (“NHL”) and Canadian Hockey League (“CHL”). It stipulates that an NHL club must return any CHL player drafted and signed to an NHL entry-level contract (“ELC”) to his CHL club if the NHL club does not retain that player on its active roster at the start of the season. The Agreement applies solely to CHL players ages 18 and 19. Its language limits the ability of these players to play in alternative leagues around the world and thus capture adequate compensation pursuant to their …

“Sacrifice And Recoupment” In The Antitrust Analysis Of Patent Settlements: Actavis Through The Lens Of Brooke Group, Aspen Skiing, And Trinko, Bryan Gant

American University Business Law Review

Patent settlements are typically procompetitive, benefiting not only the settling parties but also the courts and the general public. But in rare cases patent settlements might instead harm competition, and thus raise antitrust concerns. How are courts to determine when antitrust scrutiny should — and, more importantly, should not — be applied to patent settlements? The answer ostensibly came in the Supreme Court’s 2013 decision in FTC v. Actavis, Inc. Under Actavis, antitrust scrutiny of patent settlements may “sometimes” be appropriate where there is a “large,” “unexplained” “reverse payment” from the patentee to the patent challenger. Unless, that is, the …

Symposium Transcripts: International Arbitration: Friend Or Foe Of Corporations? February 12, 2019 Introductory Remarks, American University Business Law Review

American University Business Law Review

No abstract provided.

Panel I: Negotiating Arbitration Clauses, American University Business Law Review

American University Business Law Review

No abstract provided.

Panel Iii: New Parties In Arbitration, American University Business Law Review

American University Business Law Review

No abstract provided.

Closing Remarks, American University Business Law Review

American University Business Law Review

No abstract provided.

Panel Ii: Recent Rule Changes And Legal Developments, American University Business Law Review

American University Business Law Review

No abstract provided.

Henry Schein V. Archver & White: A Lesson In The Importance Of Carefully Drafting An Arbitration Clause, Charles B. Rosenberg

American University Business Law Review

No abstract provided.

The Not-So-Free Spirit Of Coachella: Coachella's Overbearing Radius Clause And The Sherman Antitrust Act, Holly Santapaga

American University Business Law Review

No abstract provided.

Discrimination As A Business Policy: The Misuse And Abuse Of Corporate Social Responsibility Programs, Marc Greendorfer

American University Business Law Review

No abstract provided.

Doubling Down On A Billion Dollar Blind Spot: Women Business Owners And Tax Reform, Caroline Bruckner

American University Business Law Review

No abstract provided.

The Tea Rose-Rectanus Doctrine's Good Faith Test, Nashrah Ahmed

American University Business Law Review

No abstract provided.

Raising The Stakes: The Battle Between The First Amendment And Athlete's Publicity Rights In The Wake Of Murphy V. Ncaa, Alexis Nicole Lilly

American University Business Law Review

No abstract provided.

Monetary Consequences Of Environmental Regulations: Costs Of Doing Business Or Non-Deductible Penalties Or Fines?, Daniel P. Fernandez, Alex R. Figares, H. Cecil

American University Business Law Review

No abstract provided.

Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson

American University Business Law Review

The gradual establishment of an international mechanism to review and prosecute allegations of corruption could help to deter fraudulent conduct. Fraudulent conduct often reduces the economic benefits associated with large-scale development or investment projects. These projects are generally awarded through contract bidding; the bidding outcome may be dictated by bribery and other corrupt behaviors by local officials overseeing the project. The money earmarked for the project may in turn be siphoned off to the bribe recipients for private gain, leaving citizens unable to appreciate the fruits of any such project. For this reason, reducing corruption should remain a key priority. …

Interpreting Gobbledygook Under 35 U.S.C. § 101: Does The 2019 Patent Eligibility Guidance Clarify Past Confusion?, Nicole Bruner

American University Business Law Review

No abstract provided.

Authorization Of Discovery In International Commercial Arbitration: Demystifying The Sixth Circuit’S Statutory Construction Of 28 U.S.C. § 1782(A), Jason Arendt

American University Business Law Review

No abstract provided.

Long Live The Golden Summer: Arbitration, Courts, & Colas, L. Yves Fortier

American University Business Law Review

No abstract provided.

The Twentieth Century Cowboy: Law's Light Touch, Henry H. Perritt Jr.

American University Business Law Review

No abstract provided.