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Articles 1 - 14 of 14

Full-Text Articles in Law

Comparing The Equivalency Of The New Crs, Bba, And Us Ben Owner Reporting Forms, What’S A Financial Institution To Do?, William Byrnes Nov 2014

Comparing The Equivalency Of The New Crs, Bba, And Us Ben Owner Reporting Forms, What’S A Financial Institution To Do?, William Byrnes

William H. Byrnes

No abstract provided.


E-Discovery Business Impact: Response Plans And Insurance Coverage, Anne Tucker, Vjollca Prroni Oct 2014

E-Discovery Business Impact: Response Plans And Insurance Coverage, Anne Tucker, Vjollca Prroni

Anne Tucker

No abstract provided.


Enhanced Educational Value Of Experiential Learning: The Business Court Project, Anne. Tucker, Susan Willey, Nancy Mansfield Oct 2014

Enhanced Educational Value Of Experiential Learning: The Business Court Project, Anne. Tucker, Susan Willey, Nancy Mansfield

Anne Tucker

No abstract provided.


Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Benjamin Tennille, Lee Applebaum, Anne Tucker Oct 2014

Getting To Yes In Specialized Courts: The Unique Role Of Adr In Business Court Cases, Benjamin Tennille, Lee Applebaum, Anne Tucker

Anne Tucker

No abstract provided.


Curbing Corporate Inversions Through Public Pressure For Economic Patriotism, Anne Tucker Oct 2014

Curbing Corporate Inversions Through Public Pressure For Economic Patriotism, Anne Tucker

Anne Tucker

No abstract provided.


Making A Case For Business Courts: A Survey Of And Proposed Framework To Evaluate Business Courts, Anne Tucker Oct 2014

Making A Case For Business Courts: A Survey Of And Proposed Framework To Evaluate Business Courts, Anne Tucker

Anne Tucker

This article addresses the issues related to specialized courts, specifically focusing on business courts, and provides a comprehensive overview of the evolution of non-Delaware business courts. After addressing the theoretical assumptions of and civil justice goals served by business courts, the article proposes a framework to evaluate and measure the success of business courts by focusing on efficiency, quality of decision-making, and the perception of due process. The article surveys existing business courts and undertakes a comparative analysis of their structural elements: case subject matter, jurisdiction, minimum damages thresholds, and transfer procedures. The article then analyzes the existing programs under …


Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison Oct 2014

Beyond "Perfection": Can The Insights Of Perfecting Criminal Markets Be Put To Practical Use?, Caren Morrison

Caren Myers Morrison

David Jaros’s thought-provoking new Article, Perfecting Criminal Markets, sheds light on a heretofore unappreciated effect of our obsession with criminalization: that merely by creating new crimes, lawmakers may inadvertently strengthen existing criminal markets. To support his argument, Jaros adopts the tenets of neoclassical deterrence theory, which assume that criminalizing an activity will deter its occurrence. But the model Jaros employs has its limits. The weakness of a rational choice account of criminal markets is that it relies so heavily on the assumption that prospective criminals will be aware of, and swayed by, criminal laws that might in fact be quite …


Big Data And Fatca; Transfer Pricing Update, William Byrnes Sep 2014

Big Data And Fatca; Transfer Pricing Update, William Byrnes

William H. Byrnes

No abstract provided.


Reward The Stalking Horse Or Preserve The Estate: Determining The Appropriate Standard Of Review For Awarding Break-Up Fees In § 363 Sales, Zachary Frimet Aug 2014

Reward The Stalking Horse Or Preserve The Estate: Determining The Appropriate Standard Of Review For Awarding Break-Up Fees In § 363 Sales, Zachary Frimet

Zachary Frimet

Following the surge of bankruptcies in the wake of the Great Recession, a growing and somewhat controversial trend has emerged whereby companies seeking to purchase a debtor’s assets in bankruptcy frequently make use of Section 363 of the United States Bankruptcy Code (“§ 363”). In general, § 363 sales are accomplished via public auction. This aspect of § 363 exposes initial bidders, known in bankruptcy as “stalking horses bidders”, to the risk that they will commit time and resources in pursuit of the acquisition and yet fail to succeed as the prevailing bidder. To hedge against this risk, stalking horse …


Meeting The Demands Of The Substantially Overhauled W-8ben Under New Fatca Rules, William Byrnes Jul 2014

Meeting The Demands Of The Substantially Overhauled W-8ben Under New Fatca Rules, William Byrnes

William H. Byrnes

No abstract provided.


Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas Jun 2014

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …


Exchange Of Information: Fatca, Gatca, Beps, In The Context Of Latin America, William Byrnes May 2014

Exchange Of Information: Fatca, Gatca, Beps, In The Context Of Latin America, William Byrnes

William H. Byrnes

No abstract provided.


Moderator, Federal Oversight: When Is It Helpful?, Ingrid Hillinger Feb 2014

Moderator, Federal Oversight: When Is It Helpful?, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.


A New International Standard Of Information Exchange, William Byrnes Jan 2014

A New International Standard Of Information Exchange, William Byrnes

William H. Byrnes

No abstract provided.