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Articles 121 - 150 of 367

Full-Text Articles in Business Organizations Law

Strategic Liability In The Corporate Group , Richard Squire Jan 2011

Strategic Liability In The Corporate Group , Richard Squire

Faculty Scholarship

The typical large corporation divides itself into numerous subsidiaries but then overrides the liability barriers between them by having the subsidiaries and the parent company cross-guarantee each other's major debts. Previous scholarly theories of the corporate group cannot explain why. The leading theory posits that the subsidiaries make it easier for creditors to evaluate risk because they enable each creditor to lend against a discrete asset pool within the broader enterprise. But any such efficiency would be undercut by the guarantees, which transmit credit risk across subsidiary boundaries. This Article argues that the combination of subsidiaries and intragroup guarantees reflects …


Llcs Are The New King Of The Hill: An Empirical Study Of The Number Of New Llcs, Corporations And Lps Formed In The United States Between 2004-2007 And How Llcs Were Taxed For Tax Years 2002-2006, Rodney D. Chrisman Jan 2010

Llcs Are The New King Of The Hill: An Empirical Study Of The Number Of New Llcs, Corporations And Lps Formed In The United States Between 2004-2007 And How Llcs Were Taxed For Tax Years 2002-2006, Rodney D. Chrisman

Fordham Journal of Corporate & Financial Law

No abstract provided.


Quantitative Proof Of Reputational Harm, Meiring De Villiers Jan 2010

Quantitative Proof Of Reputational Harm, Meiring De Villiers

Fordham Journal of Corporate & Financial Law

No abstract provided.


Simultaneous Distress Of Residential Developers And Their Secured Lenders An Analysis Of Bankruptcy & Bank Regulation , Sarah Pei Woo Jan 2010

Simultaneous Distress Of Residential Developers And Their Secured Lenders An Analysis Of Bankruptcy & Bank Regulation , Sarah Pei Woo

Fordham Journal of Corporate & Financial Law

No abstract provided.


Stretching The Limits Of Deal Protection Devices: From Omnicare To Wachovia, Eleonora Gerasimchuk Jan 2010

Stretching The Limits Of Deal Protection Devices: From Omnicare To Wachovia, Eleonora Gerasimchuk

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Dissent Dampened By Timing: How The Stock Market Exception Systematically Deprives Public , Jeff Goetz Jan 2010

A Dissent Dampened By Timing: How The Stock Market Exception Systematically Deprives Public , Jeff Goetz

Fordham Journal of Corporate & Financial Law

No abstract provided.


I.R.C. Section 7430 Attorney's Fees: Navigating Section 7430 And A Call For The Final Act, Jeffrey E. Ouijano, Rodney P. Mock Jan 2010

I.R.C. Section 7430 Attorney's Fees: Navigating Section 7430 And A Call For The Final Act, Jeffrey E. Ouijano, Rodney P. Mock

Fordham Journal of Corporate & Financial Law

No abstract provided.


In The Wake Of Empagran – Lights Out On Foreign Activity Falling Under Sherman Act Jurisdiction? Courts Carve Out A Prevailing Standard, Kelly L. Tucker Jan 2010

In The Wake Of Empagran – Lights Out On Foreign Activity Falling Under Sherman Act Jurisdiction? Courts Carve Out A Prevailing Standard, Kelly L. Tucker

Fordham Journal of Corporate & Financial Law

No abstract provided.


Symposium: The Regulation Of Investment Funds, Andrew J. Donohue, Paul N. Roth, Mattew B. Siano, J.W. Verret Jan 2010

Symposium: The Regulation Of Investment Funds, Andrew J. Donohue, Paul N. Roth, Mattew B. Siano, J.W. Verret

Fordham Journal of Corporate & Financial Law

Symposium: The Regulation Of Investment Funds


Lecture At Fordham Corporate Law Center By William Dudley, President Of Federal Reserve Bank Of New York, William Dudley Jan 2010

Lecture At Fordham Corporate Law Center By William Dudley, President Of Federal Reserve Bank Of New York, William Dudley

Fordham Journal of Corporate & Financial Law

No abstract provided.


Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers, Stanislav Dolgopolov Jan 2010

Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers, Stanislav Dolgopolov

Fordham Journal of Corporate & Financial Law

No abstract provided.


Financial Statement Reporting Of Pending Litigation: Attorneys, Auditors, And Difference Of Opinions, W. R. Koprowski, Steven J. Arsenault, Michael Cipriano Jan 2010

Financial Statement Reporting Of Pending Litigation: Attorneys, Auditors, And Difference Of Opinions, W. R. Koprowski, Steven J. Arsenault, Michael Cipriano

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Short History Of Tontines, Kent Mckeever Jan 2010

A Short History Of Tontines, Kent Mckeever

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter Jan 2010

The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter

Fordham Journal of Corporate & Financial Law

No abstract provided.


Eat Your Vegetables (Or At Least Understand Why You Should): Can Better Warning And Education Of Prospective Minority Owners Reduce Oppression In Closely Held Businesses?, Michael K. Molitor Jan 2009

Eat Your Vegetables (Or At Least Understand Why You Should): Can Better Warning And Education Of Prospective Minority Owners Reduce Oppression In Closely Held Businesses?, Michael K. Molitor

Fordham Journal of Corporate & Financial Law

No abstract provided.


The Crumbled Difference Between Legal And Illegal Arbitration Awards: Hall Street Associates And The Waning Public Policy Exception, Jonathan A. Marcantel Jan 2009

The Crumbled Difference Between Legal And Illegal Arbitration Awards: Hall Street Associates And The Waning Public Policy Exception, Jonathan A. Marcantel

Fordham Journal of Corporate & Financial Law

No abstract provided.


Securities Fraud, Officer And Director Bars, And The "Unfitness" Inquiry After Sarbanes-Oxley, Jon Carlson Jan 2009

Securities Fraud, Officer And Director Bars, And The "Unfitness" Inquiry After Sarbanes-Oxley, Jon Carlson

Fordham Journal of Corporate & Financial Law

No abstract provided.


Responding To The Subprime Mess: The New Regulatory Landscape, David Schmudde Jan 2009

Responding To The Subprime Mess: The New Regulatory Landscape, David Schmudde

Fordham Journal of Corporate & Financial Law

No abstract provided.


Don't Cry For Me Argentina: Economic Crises And The Restructuring Of Financial Property, Horacio Spector Jan 2009

Don't Cry For Me Argentina: Economic Crises And The Restructuring Of Financial Property, Horacio Spector

Fordham Journal of Corporate & Financial Law

No abstract provided.


Covered Bonds: Shelter From Financial Turmoil, Exposure To The 1940 Act, Steve Flantsbaum Jan 2009

Covered Bonds: Shelter From Financial Turmoil, Exposure To The 1940 Act, Steve Flantsbaum

Fordham Journal of Corporate & Financial Law

No abstract provided.


D&O Insurance In Bankruptcy: Just Another Business Contract, Elina Chechelnitsky Jan 2009

D&O Insurance In Bankruptcy: Just Another Business Contract, Elina Chechelnitsky

Fordham Journal of Corporate & Financial Law

No abstract provided.


Cornerstone Investors And Initial Public Offerings On The Stock Exchange Of Hong Kong, Chee Keong Low Jan 2009

Cornerstone Investors And Initial Public Offerings On The Stock Exchange Of Hong Kong, Chee Keong Low

Fordham Journal of Corporate & Financial Law

No abstract provided.


Dark Side Of Shareholder Influence: Managerial Autonomy And Stakeholder Orientation In Comparative Corporate Governance , Martin Gelter Jan 2009

Dark Side Of Shareholder Influence: Managerial Autonomy And Stakeholder Orientation In Comparative Corporate Governance , Martin Gelter

Faculty Scholarship

This article proposes a new, functional explanation of the different roles of non-shareholder groups (particularly labor) in different corporate governance systems. The argument depends on the analysis of a factor that has so far received relatively little attention in corporate governance research: the level of shareholder influence on managerial decision making. Pro-employee laws mitigate holdup problems- opportunism from which shareholders benefit ex post, but which will deter firm-specific investment in human capital ex ante. Since holdup takes place within what is considered legitimate managerial business judgment and all shareholders (both majority and minority) are its financial beneficiaries, the degree of …


The Attorney-Client Privilege Protection Act: The Prospect Of Congressional Intervention Into The Department Of Justice's Corporate Charging Policy, Andrew Gilman Jan 2008

The Attorney-Client Privilege Protection Act: The Prospect Of Congressional Intervention Into The Department Of Justice's Corporate Charging Policy, Andrew Gilman

Fordham Urban Law Journal

This Note analyzes the Privilege Protection Act, focusing on how it might change corporate white-collar prosecutions. Part I of this Note explores the mechanics of the corporate privilege, the development of the DOJ's waiver policy, and the structure of the Privilege Protection Act. Part II addresses the conflicting views on whether the Privilege Protection Act will bolster corporate attorney-client privilege, provide for the effective and efficient prosecution of white-collar crime, and promote ethical prosecutorial practices. Finally, Part III argues that the Privilege Protection Act is a misguided attempt to correct a greater systemic problem with the corporate attorney-client privilege and …


From Vanilla Swaps To Exotic Credit Derivatives: How To Approach The Interpretation Of Credit Events, Jongho Kim, Ph.D Jan 2008

From Vanilla Swaps To Exotic Credit Derivatives: How To Approach The Interpretation Of Credit Events, Jongho Kim, Ph.D

Fordham Journal of Corporate & Financial Law

No abstract provided.


Panel Discussion: Subprime Mortgage Meltdown And The Global Financial Crisis, William Michael Treanor, Constantine N. Katsoris, Jill E. Fisch, Stuart Kaswell, Steven M. Cohen, Harvey Miller, Gretchen Morgenson, Richard Neiman, Giovanni Prezioso, Muriel Siebert Jan 2008

Panel Discussion: Subprime Mortgage Meltdown And The Global Financial Crisis, William Michael Treanor, Constantine N. Katsoris, Jill E. Fisch, Stuart Kaswell, Steven M. Cohen, Harvey Miller, Gretchen Morgenson, Richard Neiman, Giovanni Prezioso, Muriel Siebert

Fordham Journal of Corporate & Financial Law

No abstract provided.


Returning Rico To Racketeers: Corporations Cannot Constitute An Associated-In-Fact Enterprise Under 18 U.S.C. § 1961(4), Caroline N. Mitchell, Jordan Cunningham, Mark R. Lentz Jan 2008

Returning Rico To Racketeers: Corporations Cannot Constitute An Associated-In-Fact Enterprise Under 18 U.S.C. § 1961(4), Caroline N. Mitchell, Jordan Cunningham, Mark R. Lentz

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Redeeming Interest In Religious Freedom: Are Islamic Mortgage Alternatives Clogs On The Equitable Right Of Redemption?, Scott Griswold Jan 2008

A Redeeming Interest In Religious Freedom: Are Islamic Mortgage Alternatives Clogs On The Equitable Right Of Redemption?, Scott Griswold

Fordham Journal of Corporate & Financial Law

No abstract provided.


A Proposal For Protecting Executive Communications With Corporate Counsel After Corporate Client Has Waived Its Attorney-Client Privilege , John W. Gergacz Jan 2008

A Proposal For Protecting Executive Communications With Corporate Counsel After Corporate Client Has Waived Its Attorney-Client Privilege , John W. Gergacz

Fordham Journal of Corporate & Financial Law

No abstract provided.


Executive Compensation: The New Executive Compensation Disclosure Rules Do Not Result In Complete Disclosure, Sean M. Donahue Jan 2008

Executive Compensation: The New Executive Compensation Disclosure Rules Do Not Result In Complete Disclosure, Sean M. Donahue

Fordham Journal of Corporate & Financial Law

No abstract provided.