Business Organizations Law Commons^™

Przegląd Decyzji Prezesa Uokik W Sprawach Antykonsumenckich Praktyk Rynkowych Dotyczących Usług Finansowych Wydanych W 2023 Roku, Edyta Rutkowska-Tomaszewska, Artur Zwaliński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This paper reviews the decisions of the President of the Polish Competition Authority (UOKiK) issued between 1 January and 31 December 2023. All decisions issued by the UOKiK President in the aforementioned period were analyzed and assessed. They were divided into two main categories resulting from the competences of the UOKiK President to issue decisions in cases of anti-consumer market practices, namely: decisions in cases of an infringement of collective consumer interests, and decisions in cases of an application of prohibited contractual provisions in contract templates, and within them, into groups according to their specific key problems. With regard to …

Ubezpieczenie Odpowiedzialności Cywilnej Za Produkt Niebezpieczny – Analiza Warunków Ubezpieczeniowych, Aleksandra Gnas

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article analyzes product liability insurance available on the market. The research focuses on how civil law terms are defined in the general terms and conditions (T&C) of insurance, and on the identification of terminological ambiguities. The scope of insurance coverage is analyzed, making it possible to determine whether it is sufficiently broad. The review of general insurance T&C provided in this article is of a practical nature facilitating the assessment of the quality, terms and availability of liability insurance for dangerous products.

Fruit Street Health, P.B.C. V. Sharecare, Inc. Order On Motion To Dismiss, Kathy Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

A Crosswinds Of Corporate Accountability: Corporate Climate Liability In The Canadian Legal Abyss, Hassan M. Ahmad

All Papers

This chapter queries the absence of corporate-related climate cases in Canadian courts. It first retells the recent history of corporate accountability in Canadian courts for human rights-related harms. While initial cases faltered on jurisdictional and justiciability grounds, the Supreme Court of Canada’s 2020 decision in Araya v. Nevsun Resources Ltd. was arguably a watershed moment in Canadian corporate accountability law that, in conjunction with climate litigation commenced against government actors, should have bolstered the prospect of corporate climate litigation. On the contrary though, post-Nevsun corporate accountability claims have been minimal and, to date at least, have not pursued allegations …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Giant Asset Managers, The Big Three, And Index Investing, Dorothy S. Lund, Adriana Z. Robertson

Faculty Scholarship

A robust literature describes the incentives and stewardship practices of the “Big Three” asset managers (BlackRock, Vanguard, and State Street Global Advisors), often referring to these asset managers as “passive.” This is so common that the “Big Three,” “index fund,” and “passive manager” are used almost interchangeably by both academics and practitioners. This shorthand emerged in the foundational scholarship in this area, and while it may remain useful in certain contexts, its casual use obscures important features of the market and contributes to misperceptions. In this chapter, we demonstrate that it is a mistake to equate passive investing with index …

The Small Business Prepack: How Subchapter V Paves The Way For Bankruptcy’S Fastest Cases, Christopher D. Hampson, Jeffrey A. Katz

UF Law Faculty Publications

America has long styled itself as a place where entrepreneurs can dream big and—if things go well—make it big too. But when small businesses fail, does the American bankruptcy system provide a real opportunity to preserve value and try again? For decades, bankruptcy professionals, judges, and lawmakers have tried various approaches to small business bankruptcies, none of which seemed to work particularly well. But in 2019, Congress passed the Small Business Reorganization Act (the “SBRA”), one of the most significant amendments to the Bankruptcy Code in a generation. As practitioners, scholars, and judges work out the contours of the rules, …

Nutrien Ag Solutions, Inc. V. Agreeta Solutions Usa, Llc Order On Discovery And Evidentiary Disputes, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Sustaining America's Non-Jurisdictional Wetlands Post-Sackett Through Conservation, Shawna Bligh

UMKC Law Review

Part I of this Article discusses the functional role of wetlands in meeting the intended purpose of the Clean Water Act (“CWA”). The intended purpose of the CWA is to "restore and maintain the chemical, physical and biological integrity of the Nation's waters." The Court's decision in Sackett undermines the intended purpose of the CWA. Wetlands play an essential role in meeting this objective. Wetlands are hydrologically connected to and an embedded part of the overall aquatic ecosystem. The Sackett decision leaves wetlands subject to further degradation.

Part II of this Article provides an overview of the CWA, how we …

Online Intermediaries And Sustainable Market Regulation – A Smart Mix Of Liability And Exemptions, Katarzyna Klafkowska-Waśniowska, Katja Weckström

Yearbook of Antitrust and Regulatory Studies

The Commission has advanced sustainable and responsible behaviour of business operators in the digital environment since the adoption of the Strategy for the Digital Single Market of 2015. The question remains, how can we reach the normative goal of ensuring a safe, secure and fair online environment, where fundamental rights are protected, and responsibilities of platforms, especially large players and gatekeepers, are well defined? A “smart mix” of mandatory and voluntary rules, in combination with industry self regulation, is applied to address business and fundamental rights. This paper asks how the Digital Services Act (DSA) answers the call for sustainable …

Should Large Corporate Mergers Be Subsidized?, Reuven S. Avi-Yonah

Articles

On March 21 Sens. Sheldon Whitehouse, DR. I., and J.D. Vance, R-Ohio, introduced the Stop Subsidizing Giant Mergers Act. They explained that large mergers have been increasing in recent years and that since 2007, up to 40 percent by value of all mergers have been structured as tax free. They argue that the tax breaks to mergers are a “wasteful subsidy.”

Masthead

UC Law Business Journal

No abstract provided.

Stock-Based Compensation In Startups: Employee Implications & Potential Solutions, Alec Galustian

UC Law Business Journal

Stock-based compensation remains prevalent in the United States private market, particularly among high-growth private companies, yet concerns persist regarding its potential drawbacks. This paper focuses on stock-based compensation in startup companies, delving into the legal frameworks behind the practice and identifying regulatory gaps. It examines well-known advantages of stock-based compensation, common misconceptions, and highlights its many disadvantages, primarily from the perspective of a startup employee. These drawbacks stem from the lack of private company disclosure obligations, illiquidity and lock-in concerns, and regulatory changes favoring the private market. This paper also explores a trend in the SEC’s tone toward increased regulation …

The Ethics Of Artificial Intelligence, Justice Gordon Goodman

UC Law Business Journal

No abstract provided.

Changing California’S Proposition 13 'Change In Ownership' Language To Solve Current State Tax Revenue Deficits And Reassessing Its Accompanying Statutes, Caleb Moser

UC Law Business Journal

No abstract provided.

From Data Co-Opting To Data Co-Oping: Using New Corporate Structures, Data Corporate-Hood, And Data Personhood To Prioritize Data Privacy, Jonathan Askin

UC Law Business Journal

The stakes of information ownership and control have risen dramatically since the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, after which tens of millions of people in the United States recognized that companies harvest massive swathes of data incidental to our activities and that seemingly innocuous information, such as rideshare or location data, credit card payments, or even monthly cyclical health trackers (i.e., menstruation or birth control) could potentially expose them to civil or criminal liability when linked to a chain of causation in jurisdictions penalizing voluntary abortion.2 Data scientists recognize the scale, scope, and massive power …

Asking The Right Questions: How Jill Fisch Debunks Narratives And Arrives At Solutions, Hillary A. Sale

Georgetown Law Faculty Publications and Other Works

Without a doubt, Professor Jill E. Fisch is one of the most influential scholars in the corporate and securities law space. Whether we measure her contributions by awards, areas of influence, or volume, Professor Fisch’s work is at the top of the list. It is, indeed, no surprise that the Institute for Law and Economic Policy (ILEP) chose to honor Professor Fisch at this year’s corporate and securities symposium, hosted with the University of Pennsylvania Journal of Business Law. I am honored to write this introduction about Professor Fisch and explore her work and influence over time, with an emphasis …

Meninjau Alasan “Tidak Dipenuhinya Kuota Domestic Market Obligation” Sebagai Dasar Pencabutan Izin Usaha Pertambangan Batubara, Zaki Priambudi, Bima Rico Pambud, M. Ghifari Fardhana Bahar, Rivan Hidayat

Jurnal Hukum & Pembangunan

The revocation of 2,078 Mining Business Licenses (IUP) on January 10, 2022, some of which was based on non-compliance with the Domestic Market Obligation (DMO) policy, is alleged to have been conducted arbitrarily, without regard for the principles and procedures of licensing management. Therefore, this research aims to analyze two legal issues: (1) Whether the revocation of the IUPs belonging to coal mining business entities that failed to meet the DMO quota by the Minister of Investment/Head of the Investment Coordinating Board (Head of BKPM) is a lawful decision; (2) What are the legal consequences of revoking the coal IUPs …

Comprehensive Analysis Of The Different Fields Of Law, Kaitlyn Lee

Honors Theses

Since American law developed in the early 1700s, lawyers have played a crucial role in society, advocating for justice and upholding the rule of law. Over the years the legal profession has evolved immensely and now offers many different fields for individuals to practice. People are often curious about the work that lawyers do and the education that is required to become an attorney. This thesis aims to satisfy the curiosity of those individuals by exploring many facets of the different areas of law. It will examine the unique and shared aspects of the various legal fields, detailing the specific …

Unfairly Interchangeable: A Guide For Litigating The Alter Ego Doctrine And Proposal To Codify The Doctrine In California, Nazgole Hashemi

The Journal of Business, Entrepreneurship & the Law

This article details various aspects of the “alter ego” doctrine to promote a better and more thorough understanding amongst practitioners. Part II details the substantive aspects of the doctrine, i.e., the two prongs—unity of interest and ownership and whether a corporation’s separate existence would promote injustice or perpetuate fraud. It also analyzes whether and when reverse piercing is recognized in California. Part III describes the procedural aspects of the doctrine, including how and when to pursue it in litigation, while also providing practical litigation tips. Part IV sets forth the author’s proposal for the California legislature to codify the doctrine …

Nutrien V. Agreeta, Order On Def's Renewed Motion To Seal Records & Allow Redacted Filings, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Reinventing Operational Risk Regulation For A World Of Climate Change, Cyberattacks, And Tech Glitches, Hilary J. Allen

Scholarly Articles in Law Reviews & Journals

Around 30 years ago, banking regulators began to construct the concept of “operational risk,” and devise rules to manage this newly created risk category. This “invention” of operational risk assembled a grab-bag of otherwise uncategorized risks associated with banking operations; this Article argues that the resulting operational risk regulation framework isn’t very well suited to some of those risks. In particular, this Article demonstrates that the existing operational risk regulation framework is becoming an increasingly inadequate response to banks’ exposure to operational losses following damage to their physical assets and business disruption and system failures. This is so for two …

Bernard Bronner, Ordered On Defendants' Motion For Approval Of Settlement Agreement, Kelly L. Ellerbe

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Robots, Markets, And The Value Of Deal Lawyers, Heather Hughes

Scholarly Articles in Law Reviews & Journals

Emerging forms of automation using artificial intelligence (AI) and distributed ledgers are raising transformative questions for the practice of law. Deal lawyers are well-situated to understand the convergence of various modes of automation and their implications for their clients and the markets they facilitate. This Article contends that digesting threats and leveraging opportunities associated with new technologies calls for granular, context-specific assessment. It presents one instance of automation in one predominant market—the market for asset-backed securities (ABS)—by comparing securitization to a blockchain-based analog, tokenization. It considers how lawyers support the ABS market and how automation of lawyers’ functions could intersect …

Export Corp And Nutrition V. Katz Et. Al., Order On Pending Motions, Wesley B. Tailor

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.