Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages,
2016
Fulton County Superior Court, Judge
Dong Feng Fang Et Al. Order Denying Plaintiffs' Motion For Partial Summary Judgment As To Liability And Compensatory Damages, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration,
2016
Indiana University Maurer School of Law
Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis
Indiana Journal of Constitutional Design
Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador from certain ISDS fora, it …
Newsroom: Guiding Startups Through Legal Pickles 11-14-2016,
2016
Roger Williams University
Newsroom: Guiding Startups Through Legal Pickles 11-14-2016, Jill Rodrigues, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016,
2016
Roger Williams University
Law School News Guiding Startups Through Legal Pickles: Law Students Launch Artisan Pickler And Other Businesses To Success 11/09/2016, Jill Rodriques
Life of the Law School (1993- )
No abstract provided.
Misalignment: Corporate Risk-Taking And Public Duty,
2016
Duke University School of Law
Misalignment: Corporate Risk-Taking And Public Duty, Steven L. Schwarcz
Notre Dame Law Review
This Article argues for a “public governance duty” to help manage excessive risk-taking by systemically important firms. Although governments worldwide, including the United States, have issued an array of regulations to attempt to curb that risk-taking by aligning managerial and investor interests, those regulations implicitly assume that investors would oppose excessively risky business ventures. That leaves a critical misalignment: because much of the harm from a systemically important firm’s failure would be externalized onto the public, including ordinary citizens impacted by an economic collapse, such a firm can engage in risk-taking ventures with positive expected value to its investors but …
The Principle Of Subsidiarity And The Law Of The Family Business,
2016
Brigham Young University Law School
The Principle Of Subsidiarity And The Law Of The Family Business, Scott Fitzgibbon
Brigham Young University Journal of Public Law
No abstract provided.
Corporate And Business Law,
2016
Williams Mullen, Richmond, Virginia
Corporate And Business Law, Laurence V. Parker Jr.
University of Richmond Law Review
Over the past three years, there have been a number of legislative changes to Virginia's business entity statutes. In Part I,this article highlights the changes to the Virginia Stock Corporation Act ("VSCA") and the Virginia Nonstock Corporation Act ('"VNSCA"). Part II highlights changes to the Limited Liability Company Act ("LLC Act"). Part III summarizes Virginia's new intrastate crowdfunding law. The Supreme Court of Virginia has also addressed several significant issues over the last three years, including the applicability of appraisal rights in a stepped transaction. Part IV reviews several of the significant cases during this period.
Wage-Setting Institutions And Corporate Governance,
2016
University at Buffalo School of Law
Wage-Setting Institutions And Corporate Governance, Matthew Dimick, Neel Rao
Journal Articles
Why do corporate governance law and practice differ across countries? This paper explains how wage-setting institutions influence ownership structures and investor protection laws. In particular, we identify a nonmonotonic relationship between the level of centralization in wage-bargaining institutions and the level of ownership concentration and investor protection laws. As wage setting becomes more centralized, ownership concentration within firms at first becomes more, and then less, concentrated. In addition, the socially optimal level of investor protection laws is decreasing in ownership concentration. Thus, as wage-setting institutions become more centralized, investor protection laws become less and then more protective. This explanation is …
Revitalizing Sec Rule 14a-8’S Ordinary Business Exclusion: Preventing Shareholder Micromanagement By Proposal,
2016
UCLA School of Law
Revitalizing Sec Rule 14a-8’S Ordinary Business Exclusion: Preventing Shareholder Micromanagement By Proposal, Stephen M. Bainbridge
Fordham Law Review
Who decides what products a company should sell, what prices it should charge, and so on? Is it the board of directors, the top management team, or the shareholders? In large corporations, of course, the answer is the top management team operating under the supervision of the board. As for the shareholders, they traditionally have had no role in these sort of operational decisions. In recent years, however, shareholders have increasingly used SEC Exchange Act Rule 14a-8 (the so-called “Shareholder Proposal Rule”) to not just manage but even micromanage corporate decisions. The Rule permits a qualifying shareholder of a public …
Choice Of Business Entity,
2016
William & Mary Law School
Choice Of Business Entity, C. Wells Hall Iii
William & Mary Annual Tax Conference
No abstract provided.
Purchase And Sale Ofllc And S Corp Targets (Powerpoint),
2016
William & Mary Law School
Purchase And Sale Ofllc And S Corp Targets (Powerpoint), Robert G. Mcelroy, William M. Richardson
William & Mary Annual Tax Conference
No abstract provided.
Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016,
2016
Roger Williams University School of Law
Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa
Law School Blogs
No abstract provided.
Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt,
2016
Fulton County Superior Court, Judge
Piedmont/Maple, Llc Et Al., Order On Plaintiffs' Motion For Summary Judgment On Defendant's Counterclaims, Motion To Exclude Opinion Information And Testimony, And Motion To Strike Affidavit Of David L. Eichenblatt, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Close Encounters With Piercing The Corporate Veil,
2016
Villanova University Charles Widger School of Law
Close Encounters With Piercing The Corporate Veil, Richard A. Booth
Villanova Law Review (1956 - )
No abstract provided.
Private Solutions To Global Crises,
2016
St. John's University School of Law
Private Solutions To Global Crises, Gregory R. Day
St. John's Law Review
(Excerpt)
The contribution of this Article is both theoretical and practical. Considering that MNCs rarely suffer liability abroad, this Article identifies an emerging, understudied type of international agreement able to hold MNCs responsible for torts in the developing world. On a theoretical level, the research herein identifies situations in which arbitral decisions are superior to judicial rulings. This Article also advances the private dispute resolution literature, which has developed slowly due to arbitration’s private and confidential nature. The works that do discuss arbitration overwhelmingly assume that the process favors corporations, rarely mentioning arbitration’s socially desirable qualities. Thus, this Article offers …
Equitrade International, Inc. Et Al., Order,
2016
Fulton County Superior Court, Judge
Equitrade International, Inc. Et Al., Order, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Toward Consistent Fiduciary Duties For Publicly Traded Entities,
2016
Widener University
Toward Consistent Fiduciary Duties For Publicly Traded Entities, Sandra K. Miller, Karie Davis-Nozemack
Florida Law Review
After the 2008 recession, it is difficult to imagine that the public is investing billions of dollars in publicly traded entities with little regulation of board conflicts and no fiduciary duty protections. Yet, that is precisely the case for more than $284 billion of investments. Investors have flocked to publicly traded limited partnerships (LPs) and limited liability companies (LLCs), collectively known as master limited partnerships (MLPs), because many are high-performing energy companies with a tax preference. MLP market capitalization, while only $14 billion in 2000, topped $284 billion as of February 2016, and more initial public offerings are on the …
Runzhou Zhang Et Al., Final Order And Judgment,
2016
Fulton County Superior Court, Judge
Runzhou Zhang Et Al., Final Order And Judgment, Melvin K. Westmoreland
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Business Law Bulletin, Fall 2016,
2016
University of Maryland Francis King Carey School of Law
Equity In Llc Law?,
2016
University of Oregon School of Law
Equity In Llc Law?, Mohsen Manesh
Florida State University Law Review
To what extent does equity play a role in LLC law? To what extent do courts retain the judicial discretion “to do right and justice” in circumstances in which the LLC statute and the applicable LLC agreement do not otherwise offer an adequate remedy to an aggrieved LLC member or manager? Until recently, the answer to these questions was quite clear: Equity is subordinate to the freedom of contract and the express terms of the agreement governing an LLC. But the Delaware Chancery Court’s decision in In re Carlisle Etcetera has upended this basic precept of LLC law and practice. …
