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Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner 2014 Superior Court of Fulton County

Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner

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

No abstract provided.


The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?, Jennifer K. Coalson 2014 University of Georgia School of Law

The Sarbanes-Oxley Act Of 2002: Are Stricter Internal Controls Constricting International Companies?, Jennifer K. Coalson

Georgia Journal of International & Comparative Law

No abstract provided.


Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson 2014 University of Georgia School of Law

Greasing The Wheels: British Deficiencies In Relation To American Clarity In International Anti-Corruption Law, Todd Swanson

Georgia Journal of International & Comparative Law

No abstract provided.


Global Aerospace, Inc. Order On Defendants' Emergency Second Motion For Orders Compelling Discovery, Elizabeth E. Long 2014 Superior Court of Fulton County

Global Aerospace, Inc. Order On Defendants' Emergency Second Motion For Orders Compelling Discovery, Elizabeth E. Long

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

No abstract provided.


When Bigger Is Better: A Critique Of The Herfindahl-Hirschman Index’S Use To Evaluate Mergers In Network Industries, Toby Roberts 2014 Pace University

When Bigger Is Better: A Critique Of The Herfindahl-Hirschman Index’S Use To Evaluate Mergers In Network Industries, Toby Roberts

Pace Law Review

This Article argues that the current framework used by the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) to evaluate mergers is inadequate in that it fails to account for network benefits. In particular, I argue for abandoning the use of the HHI in analyzing network industry mergers because the index generates little useful information about these mergers’ effect on consumer welfare. Part II describes the HHI’s historical and theoretical underpinnings and its integration into the current Merger Guidelines. Part III considers general objections to the HHI before turning to its problems in evaluating network industries. Part IV presents …


Japan's Financial Instruments And Exchange Law: Hercules Or Hydra?, Clark T. Wisenbaker 2014 University of Georgia School of Law

Japan's Financial Instruments And Exchange Law: Hercules Or Hydra?, Clark T. Wisenbaker

Georgia Journal of International & Comparative Law

No abstract provided.


Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey 2014 Seattle University School of Law

Breaching The Accountability Firewall: Market Norms And The Reasonable Director, Joan Loughrey

Seattle University Law Review

This Article examines and evaluates the role of market norms in determining whether directors have acted reasonably and the appropriateness of setting a standard of reasonableness that reflects market norms. It argues that although there are situations in which a standard that reflects market norms may not be appropriate for determining the reasonableness of a director’s conduct, it is the best standard more often than not. While this Article focuses on the U.K. director’s duty of care, the question of whether compliance with market norms should be exculpatory arises every time legal or regulatory enforcement depends upon establishing that a …


Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy 2014 Seattle University School of Law

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy

Seattle University Law Review

This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …


Delaware Public Benefit Corporations 90 Days Out: Who's Opting In?, Alicia E. Plerhoples 2014 Georgetown University Law Center

Delaware Public Benefit Corporations 90 Days Out: Who's Opting In?, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

The Delaware legislature recently shocked the sustainable business and social enterprise sector. On August 1, 2013, amendments to the Delaware General Corporation Law became effective, allowing entities to incorporate as a public benefit corporation, a new hybrid corporate form that requires managers to balance shareholders’ financial interests with the besat interests of stakeholders materially affected by the corporation’s conduct, and produce a public benefit. For a state that has long ruled U.S. corporate law and whose judiciary has frequently invoked shareholder primacy, the adoption of the public benefit corporation form has been hailed as a victory by sustainable business and …


City Of Atlanta Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner 2014 Superior Court of Fulton County

City Of Atlanta Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner

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

No abstract provided.


The Business Of Business: Comparing Corporate Social Responsibility Initiatives In China And The United States, Jessica M. Conrad 2014 University of Georgia School of Law

The Business Of Business: Comparing Corporate Social Responsibility Initiatives In China And The United States, Jessica M. Conrad

Georgia Journal of International & Comparative Law

No abstract provided.


Formulary Appointment In The U.S. International Income Tax System: Putting Lipstick On A Pig?, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay 2014 J. Reuben Clark Law School, Brigham Young University

Formulary Appointment In The U.S. International Income Tax System: Putting Lipstick On A Pig?, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay

Michigan Journal of International Law

An affiliated corporate group consists of two or more corporations linked by sufficient stock ownership to cause them to function as an economic unit instead of as independent economic actors. Thus, an affiliated corporate group engaged in international business is often referred to as a multinational enterprise (MNE), a term that we will use throughout this Article. When corporate members of an MNE engage in transactions among themselves, the prices they employ (transfer prices) will significantly affect the amount of overall MNE income that is allocated to each member and, hence, to the tax bases of the various countries in …


Variety, Mergers, And Consumer Well-Being: Towards A Capability Approach To Merger Law, Jennifer E. Sturiale 2014 Georgetown University Law Center

Variety, Mergers, And Consumer Well-Being: Towards A Capability Approach To Merger Law, Jennifer E. Sturiale

West Virginia Law Review

No abstract provided.


Front Matter, 2014 University of Michigan Law School

Front Matter

Michigan Business & Entrepreneurial Law Review

No abstract provided.


Majority-Of-The-Minority Voting And Fairness In Freeze-Out Mergers, Richard A. Booth 2014 Villanova University Charles Widger School of Law

Majority-Of-The-Minority Voting And Fairness In Freeze-Out Mergers, Richard A. Booth

Villanova Law Review (1956 - )

No abstract provided.


Reconciling Tax Law And Securities Regulation, Omri Marian 2014 University of Florida Levin College of Law

Reconciling Tax Law And Securities Regulation, Omri Marian

University of Michigan Journal of Law Reform

Issuers in registered securities offerings must disclose the expected tax consequences to investors investing in the offered securities (“nonfinancial tax disclosure”). This Article advances three arguments regarding nonfinancial tax disclosures. First, nonfinancial tax disclosure practice, as the Securities and Exchange Commission (the SEC) has sanctioned it, does not fulfill its intended regulatory purposes. Currently, nonfinancial tax disclosures provide irrelevant information, sometimes fail to provide material information, create unnecessary transaction costs, and divert valuable administrative resources to the enforcement of largely-meaningless requirements. Second, the practical reason for this failure is the SEC and tax practitioners’ unsuccessful attempt to address investors’ heterogeneous …


Shareholder Voting In An Age Of Intermediary Capitalism, Paul H. Edelman, Randall S. Thomas, Robert B. Thompson 2014 Vanderbilt University Law School

Shareholder Voting In An Age Of Intermediary Capitalism, Paul H. Edelman, Randall S. Thomas, Robert B. Thompson

Vanderbilt Law School Faculty Publications

Shareholder voting is a key part of contemporary American corporate governance. As numerous contemporary battles between corporate management and shareholders illustrate, voting has never been more important. Yet, traditional theory about shareholder voting, rooted in concepts of residual ownership and a principal/agent relationship, does not reflect recent fundamental changes as to who shareholders are and their incentives to vote (or not vote). In the first section of the article, we address this deficiency directly by developing a new theory of corporate voting that offers three strong and complementary reasons for shareholder voting. In the middle section, we apply our theory …


Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Dismiss, Elizabeth E. Long 2014 Superior Court of Fulton County

Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Dismiss, Elizabeth E. Long

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

No abstract provided.


Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq. 2014 Pace University School of Law

Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.

Legislation and Policy Brief

When it enacted the statute, did Congress consider corporations to be “victims” entitled to restitution under the MVRA? This answer has not been provided or discussed by existing case law applying the MVRA. This article answers this question. In addition, it highlights the possible issues a judge may encounter in the application and interpretation of the MVRA, the current use of the MVRA by corporations, and offers potential defenses a defendant could employ in challenging a corporate giant’s restitution request. Additionally, I discuss several policy arguments justifying the application of the MVRA to corporations as well those arguments that oppose …


Global Aerospace Inc. Second Order On Defendants' Amended Motion For Order Compelling Discovery, Elizabeth E. Long 2014 Superior Court of Fulton County

Global Aerospace Inc. Second Order On Defendants' Amended Motion For Order Compelling Discovery, Elizabeth E. Long

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

No abstract provided.


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