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Articles 1 - 4 of 4
Full-Text Articles in Law
Credit Default Swaps And The Empty Creditor Hypothesis—If It Ain’T Broke, Don’T Fix It, Florian Gamper
Credit Default Swaps And The Empty Creditor Hypothesis—If It Ain’T Broke, Don’T Fix It, Florian Gamper
The Journal of Business, Entrepreneurship & the Law
An empty creditor is a creditor who, through the use of derivatives, especially credit default swaps (CDSs), takes a position where she retains the legal rights of a creditor but has little or no economic exposure to a borrower. Thus far, the debate on empty creditors has focused mainly on how the law should react to the perceived problem of empty creditors. The debate also covers the prominent argument that empty creditors violate the underlying corporate law assumption that creditors and shareholders hold their legal rights in proportion to their economic exposure to a company. This article argues that the …
The Trademark As A Novel Innovation Index, Brian J. Focarino
The Trademark As A Novel Innovation Index, Brian J. Focarino
The Journal of Business, Entrepreneurship & the Law
When studying the relationship that exists between entrepreneurship and intellectual property, patents receive the most scholarly attention. The attention makes sense when we consider that patents are closely associated with technical progress, grant temporary monopolies that incentivize investment in research & development (R&D), and function as vectors of technological dissemination in and of themselves. In a number of industries however, conventional forms of innovation often associated with patenting are minimal or missing altogether, and require us to look elsewhere to discern innovative behavior. This Essay highlights novel applications for trademark law to entrepreneurial activity in low-technology industries and low-financing locations …
Poison Pills: Recent Negative Economic Effects Justify Repealing The Related Legislation And Increasing Shareholder Ownership Rights, Wilton Robinson
Poison Pills: Recent Negative Economic Effects Justify Repealing The Related Legislation And Increasing Shareholder Ownership Rights, Wilton Robinson
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act, Mathew Andrews
Whistling In Silence: The Implications Of Arbitration On Qui Tam Claims Under The False Claims Act, Mathew Andrews
Pepperdine Dispute Resolution Law Journal
For nearly twenty years, corporate defendants have sought unsuccessfully to use arbitration to roll back protections for whistleblowers suing under federal law. The state and federal judiciaries have long stymied these efforts, on the grounds that defendants cannot force the Government's claims into the secretive forum of arbitration. In January 2013, this protection came to an end. A federal court ruled for the first time that a whistleblower suing on behalf of the United States must pursue its action in arbitration. Five months later, this trend continued as federal courts have compelled arbitration of state law qui tam actions. This …