Open Access. Powered by Scholars. Published by Universities.®

Business Organizations Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

10,766 Full-Text Articles 7,849 Authors 12,511,828 Downloads 167 Institutions

All Articles in Business Organizations Law

Faceted Search

10,766 full-text articles. Page 231 of 299.

Reverse Cross-Listings -- The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya S. Khanna 2014 University of Michigan Law School

Reverse Cross-Listings -- The Coming Race To List In Emerging Markets And An Enhanced Understanding Of Classical Bonding, Nicholas C. Howson, Vikramaditya S. Khanna

Law & Economics Working Papers

This paper examines the implications for the traditional "legal bonding" hypothesis arising from future "reverse" cross-listings, meaning the cross-listing by issuers from jurisdictions with stronger investor protections into capital markets and on exchanges where investor protections are deemed less robust. We use as examples the first "Indian Depositary Receipt" or IDR IPO in May 2010, and IPOs we believe will complete on a future Shanghai Stock Exchange "international board". This analysis serves to dilute one of the long-standing negative implications of the traditional legal bonding account -- that reverse cross-listings by issuers from jurisdictions with stronger investor protections into weaker …


Age Discrimination--Extraterritorial Application Of The Age Discrimination In Employment Act--Equal Employment Opportunity Commission Determines That A United States Corporation Operating In West Germany Is Subject To Suit Under The Age Discrimination In Employment Act--Employer's Defense Based On Compliance With West German Law Rejected, Chris Lauderdale 2014 University of Georgia School of Law

Age Discrimination--Extraterritorial Application Of The Age Discrimination In Employment Act--Equal Employment Opportunity Commission Determines That A United States Corporation Operating In West Germany Is Subject To Suit Under The Age Discrimination In Employment Act--Employer's Defense Based On Compliance With West German Law Rejected, Chris Lauderdale

Georgia Journal of International & Comparative Law

No abstract provided.


La Famiglia Trust Order On Defendants' Motion To Dismiss, John J. Goger 2014 Superior Court of Fulton County

La Famiglia Trust Order On Defendants' Motion To Dismiss, John J. Goger

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

No abstract provided.


Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce, Elizabeth E. Long 2014 Superior Court of Fulton County

Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce, Elizabeth E. Long

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

No abstract provided.


Unilateral Forum Selection Clauses In Corporate Bylaws: A Synopsis Of The Debate, Bryce Cullinane 2014 Pepperdine University

Unilateral Forum Selection Clauses In Corporate Bylaws: A Synopsis Of The Debate, Bryce Cullinane

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Short Road Home To Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne M. Tucker 2014 Pepperdine University

The Short Road Home To Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne M. Tucker

The Journal of Business, Entrepreneurship & the Law

One of the biggest Delaware Supreme Court cases of 2013 wasn’t. The Delaware Court of Chancery opinion in Boilermakers Local 154 Retirement Fund v. Chevron Corp., upheld the enforceability of Delaware forum selection clause bylaws unilaterally adopted by corporate boards of directors. It was widely expected that the Delaware Supreme Court would uphold the Court of Chancery’s opinion. However, Plaintiffs dismissed their appeal and moved to dismiss their remaining claims in the Court of Chancery, leaving intact Chancellor Strine’s strong support of forum selection clauses. National Industries Group (Holding) v. Carlyle Investment Managements L.L.C. and TC Group, L.L.C., a 2013 …


Exploring The Standard Of Review Of Transactions With Controlling Shareholders After In Re Mfw Shareholders Litigation (Decided May 29th, 2013), Miriam Bitton, Odelia Minnes 2014 Pepperdine University

Exploring The Standard Of Review Of Transactions With Controlling Shareholders After In Re Mfw Shareholders Litigation (Decided May 29th, 2013), Miriam Bitton, Odelia Minnes

The Journal of Business, Entrepreneurship & the Law

This Article will begin with a review of the MFW case, followed by a review of the judicial history prior to this decision. Then it will try to analyze, albeit partially, some of the reasons for why this judgment is timely and reasonable considering changes that occurred in the last decades. It will also address some of the courts' reasoning and its persuasiveness.


Lessons Of 2013: The Perils Of "Ready, Fire, Aim" And The Importance Of An Integrated Litigation Strategy In Corporate Governance Matters, Thad A. Davis, Leslie A. Wulff 2014 Pepperdine University

Lessons Of 2013: The Perils Of "Ready, Fire, Aim" And The Importance Of An Integrated Litigation Strategy In Corporate Governance Matters, Thad A. Davis, Leslie A. Wulff

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Fall 2013 Symposium: Contemporary Trends In Corporate Litigation, Robert Anderson IV, Myron T. Steele, Katherine J. Blair, Thad A. Davis, James R. Griffin, James J. Moloney 2014 Yale University

Fall 2013 Symposium: Contemporary Trends In Corporate Litigation, Robert Anderson Iv, Myron T. Steele, Katherine J. Blair, Thad A. Davis, James R. Griffin, James J. Moloney

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


More Burden Than Benefit? Analysis Of The Benefit Corporation Movement In California, Sarah Thornsberry 2014 Pepperdine University

More Burden Than Benefit? Analysis Of The Benefit Corporation Movement In California, Sarah Thornsberry

The Journal of Business, Entrepreneurship & the Law

The benefit corporation movement has been associated with the separate camps of social entrepreneurship, nonprofit organizations, and for-profit corporations, while trying to establish itself as a community of businesses that pursue not only profit, but also environmental and social good. This article examines the legal attributes of benefit corporation legislation and articulates why incorporating as a benefit corporation can be an excellent business decision. Lastly, the article looks at how the movement can further expand in California.


Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams 2014 Pepperdine University

Predatory Hiring As Exclusionary Conduct: A New Perspective, Richard J. Braun, Michael A. Williams

The Journal of Business, Entrepreneurship & the Law

The showing of predatory or exclusionary conduct is a necessary element to prove an attempted monopolization claim under section 2 of the Sherman Act. Predatory hiring as a form of exclusionary conduct has not been extensively analyzed from legal or economic perspectives. Most litigated cases have followed Universal Analytics, Inc. v. MacNeal-Schwendler Corp., where the court held that unlawful predatory hiring occurs when talent is acquired not for purposes of using that talent, but for purposes of denying it to a competitor. An anticompetitive act by a single firm is an act that is not profit maximizing but for the …


Unanimous Shareholder Agreements, Nicolas William Juzda 2014 Osgoode Hall Law School of York University

Unanimous Shareholder Agreements, Nicolas William Juzda

PhD Dissertations

The unanimous shareholder agreement is a feature of most Canadian corporate statutes that allows the shareholders to, by creating an agreement meeting the necessary criteria, restrict the powers of the directors to manage the business and affairs of the corporation. One possible justification for this is the "nexus of contracts" theory that all corporations are notionally reducible to voluntary agreements. Three key areas of ambiguity surrounding unanimous shareholder agreements are examined in this dissertation, with specific reference to existing judgments. The requirements for their formation are reviewed, including the exact meaning and strictness of the unanimity criterion and the necessity …


Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland 2014 Superior Court of Fulton County

Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland

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

No abstract provided.


Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris 2014 Touro University Jacob D. Fuchsberg Law Center

Court Of Appeals Of New York, In The Matter Of Nassau County Grand Jury Subpoena Duces Tecum Dated June 24, 2003 "Doe Law Firm" V. Spitzer, Christin Harris

Touro Law Review

No abstract provided.


Delaware’S Familiarity, Brian J. Broughman, Darian M. Ibrahim 2014 William & Mary Law School

Delaware’S Familiarity, Brian J. Broughman, Darian M. Ibrahim

Popular Media

No abstract provided.


Ec Company Law - The European Company V. The European Economic Interest Grouping And The Harmonization Of The National Company Laws, Johan de Bruycker 2014 DeBandt, Van Hecke & Lagae

Ec Company Law - The European Company V. The European Economic Interest Grouping And The Harmonization Of The National Company Laws, Johan De Bruycker

Georgia Journal of International & Comparative Law

No abstract provided.


The Still-Dwindled Revlon, Lyman P.Q. Johnson, Robert Ricca 2014 Washington and Lee University School of Law

The Still-Dwindled Revlon, Lyman P.Q. Johnson, Robert Ricca

Washington and Lee Law Review Online

This is a brief Response to Professor Mohsen Manesh’s extensive response to our original article, The Dwindling of Revlon. Our thesis is that today the iconic Revlon doctrine is, remedially, quite substantially diminished. Although Professor Manesh sets out to establish what he calls “the limits of Johnson’s and Ricca’s thesis,” we here maintain, as before, that there is little remedial clout to Revlon unless directors or others very significantly misbehave. We also criticize Delaware’s continuing use of the standard-of-conduct/standard-of-review construct in the fiduciary duty area. This rubric is unhelpful generally and strikingly so in the Revlon setting, as we …


Negotiating Tax Provisions In Partnership And Llc Agreements, Robert G. Gottlieb, Brian J. O'Connor 2014 William & Mary Law School

Negotiating Tax Provisions In Partnership And Llc Agreements, Robert G. Gottlieb, Brian J. O'Connor

William & Mary Annual Tax Conference

No abstract provided.


Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. LeClair 2014 William & Mary Law School

Advising Venture & Early-Stage Clients: Current Ear-To-The-Ground Assessment, Gary D. Leclair

William & Mary Annual Tax Conference

No abstract provided.


Working With The Section 752 Partnership Liability Allocation Rules (Slides), Jennifer H. Alexander, Andrea M. Whiteway 2014 William & Mary Law School

Working With The Section 752 Partnership Liability Allocation Rules (Slides), Jennifer H. Alexander, Andrea M. Whiteway

William & Mary Annual Tax Conference

No abstract provided.


Digital Commons powered by bepress