Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt,
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?,
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,
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,
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,
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?,
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,
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,
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?,
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,
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,
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?,
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,
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
Majority-Of-The-Minority Voting And Fairness In Freeze-Out Mergers,
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,
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,
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,
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?,
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,
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.
