Antitrust Rulemaking As A Solution To Abuse On The Standard-Setting Process,
2012
University of Michigan Law School
Antitrust Rulemaking As A Solution To Abuse On The Standard-Setting Process, Adam Speegle
Michigan Law Review
While many recognize the critical role that technology plays in modern life, few appreciate the role that standards play in contributing to its success. Devices as prevalent as the modern laptop computer for example, may be governed by over 500 interoperability standards, regulating everything from the USB drive to the memory chip. To facilitate adoption of such standards, firms are increasingly turning to standard-setting organizations. These organizations consist of members of an industry who agree to abide by the organization's bylaws, which typically regard topics such as patent disclosure and reasonable licensing. Problems arise, however, when members violate these bylaws …
How Do Start-Ups Obtain Their Legal Services?,
2012
William & Mary Law School
How Do Start-Ups Obtain Their Legal Services?, Darian M. Ibrahim
Faculty Publications
This essay presents the first empirical study of how rapid-growth start-up companies obtain their legal services, with particular attention to the choice between in-house and outside counsel. Drawing on responses to online surveys of venture-capital-backed start-ups formed between 2006 and 2008, the study tests several hypotheses rooted in economic and entrepreneurship literature. The results show that most start-ups do not employ in-house counsel, with cost considerations and broader coverage offered by outside firms emerging as the primary reasons. In contrast, start-ups that do hire in-house counsel cite their attorneys’ superior understanding of the business, responsiveness, and ability to monitor internal …
Mutiny By The Bounties? The Attempt To Reform Wall Street By The New Whistleblower Provisions Of The Dodd-Frank Act,
2012
Brigham Young University Law School
Mutiny By The Bounties? The Attempt To Reform Wall Street By The New Whistleblower Provisions Of The Dodd-Frank Act, Geoffrey Christopher Rapp
BYU Law Review
No abstract provided.
Choice Of Entity Considerations For Charitable Organizations,
2012
Texas A&M University School of Law
Choice Of Entity Considerations For Charitable Organizations, Terri Lynn Helge
Faculty Scholarship
This article discusses choice of entity issues related to the formation, operation and governance of nonprofit organizations, highlighting the distinctions between charitable organizations formed as charitable trusts and charitable organizations formed as nonprofit corporations. In determining the legal structure for a new nonprofit entity, considerations that need to be taken into account include: (1) ease/speed of formation; (2) limitation of liability for members and directors; (3) financial resources; (4) type and scale of activities to be conducted; (5) governance requirements; (6) capacity to own property and contract; (6) capacity to sue and be sued; (7) liabilities to third parties; (8) …
Ten Essential Elements Of An Effective Dispute Resolution Program ,
2012
Pepperdine University
Ten Essential Elements Of An Effective Dispute Resolution Program , Stephen F. Gates
Pepperdine Dispute Resolution Law Journal
For an organization with a significant number of outstanding lawsuits and pre-litigation claims, it is important to have a comprehensive and disciplined program of managing disputes to produce optimal outcomes with consistency, effectiveness and cost efficiency. Based on my experience at large, complex industrial companies with well over 2,000 litigation matters outstanding at any time, the effective management of the dispute portfolio requires that each matter be managed effectively and that more matters be resolved each year than the number of new matters that arise. The focus of this article is corporate law departments, but the concepts are applicable to …
Negotiating A Deal In Korea: Reflections Of A Battle-Scarred Veteran,
2012
Pepperdine University
Negotiating A Deal In Korea: Reflections Of A Battle-Scarred Veteran, Michael E. Zacharia
Pepperdine Dispute Resolution Law Journal
In 1996, for an international widget company focused on selling to the Japanese tourist and looking to expand its business, Korea was the Promised Land. Korea had a widget business well in excess of (U.S.) $500 million, and was the second most popular Japanese tourist destination. No foreign companies were in the market, and my client BWC (a world-renowned widget company), sought to change that. They did, for a while. This paper analyzes select aspects of the twelve months of Round One negotiations that led to the triumphant signing of a Joint Venture Agreement with SY, a leading Korean widget …
The Strategic Relationship Between Ethics And Dispute Resolution: What Every Ceo Should Know,
2012
Pepperdine University
The Strategic Relationship Between Ethics And Dispute Resolution: What Every Ceo Should Know, Mary L. Walker, R. Philip Deavel
Pepperdine Dispute Resolution Law Journal
This article advocates that there is a dynamic relationship between a values-based ethics program and a commitment to dispute resolution that can revolutionize the way we think about both. The United States Air Force is a global organization with many relationships, including those with other governments, other federal agencies, corporate contractors and its members and employees. Hence, these concepts are not academic to us-they are the lifeblood that allows us to successfully accomplish our mission. But they also have implications for our corporate partners. Why would we have an interest in how private corporations approach the subjects of ethics and …
Why We Still Litigate,
2012
Pepperdine University
Why We Still Litigate, Phillip M. Armstrong
Pepperdine Dispute Resolution Law Journal
The benefits of Alternative Dispute Resolution ("ADR"), particularly mediation, are well documented and often touted. Some of these benefits are: cost savings, confidentiality, preservation of business relationships, finality, better outcomes, and more control. The list goes on, and rightfully so. The Comell/PERC study and the more recent BTI study, among others, have made it clear that corporate America has embraced ADR, particularly mediation, as a preferred means of resolving many disputes. As a long-time member of an in-house law department, I have watched our own management of commercial litigation and claims evolve from a typical "winner takes all" approach to …
Rethinking The Corporation (And Race) In America: Can Law (And Professionalization) Fix "Minor" Problems Of Externalization, Internalization, And Governance?,
2012
St. John's University School of Law
Rethinking The Corporation (And Race) In America: Can Law (And Professionalization) Fix "Minor" Problems Of Externalization, Internalization, And Governance?, Steven A. Ramirez
St. John's Law Review
No abstract provided.
Reconsidering The Separation Of Banking And Commerce,
2012
University of Georgia School of Law
Reconsidering The Separation Of Banking And Commerce, Mehrsa Baradaran
Scholarly Works
This Article examines the long-held belief that banking and commerce need to be kept separate to ensure a stable banking system. Specifically, the Article criticizes the Bank Holding Company Act (“BHCA”), which prohibits nonbanking entities from owning banks. The recent banking collapse has caused and exacerbated several problematic trends in U.S. banking, especially the conglomeration of banking entities and the homogenization of assets. The inflexible and outdated provisions of the BHCA are a major cause of these trends. Since the enactment of the BHCA, the landscape of U.S. banking has changed dramatically, but the strict separation of banking and commerce …
Eliminating The Executive Overcompensation Problem: How The Sec And Congress Have Failed And Why The Shareholders Can Prevail,
2012
Pepperdine University
Eliminating The Executive Overcompensation Problem: How The Sec And Congress Have Failed And Why The Shareholders Can Prevail, Blake H. Crawford
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
A New Form Of Business Entity Is Needed
To Promote Social Entrepreneurship:
The Not-For-Loss Corporation,
2012
Pepperdine University
A New Form Of Business Entity Is Needed To Promote Social Entrepreneurship: The Not-For-Loss Corporation, Jay Milbrandt
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Momentum, Motive, And Mouse-Kapades
Of The Majority Vote Movement,
2012
Pepperdine University
The Momentum, Motive, And Mouse-Kapades Of The Majority Vote Movement, Jay Razzouk
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Corporate Lawyers After The
Big Quake: The Conceptual Fault
Line In The Professional
Duty Of Confidentiality,
2012
Pepperdine University
Corporate Lawyers After The Big Quake: The Conceptual Fault Line In The Professional Duty Of Confidentiality, Thomas G. Bost
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Financial Considerations When
Owning And Selling A Business,
2012
Pepperdine University
Financial Considerations When Owning And Selling A Business, David G. Adishian
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University,
2012
Pepperdine University
"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Taking Healthcare's Pulse: Legal Issues Involved
In Healthcare Business Transactions,
2012
Pepperdine University
Taking Healthcare's Pulse: Legal Issues Involved In Healthcare Business Transactions, Renee A. Pistone
The Journal of Business, Entrepreneurship & the Law
There are many federal regulations to consider when a healthcare lawyer creates and evaluates a particular healthcare business transaction. The healthcare market is highly competitive with the formation of healthcare business transactions on the rise. Hospitals and physicians seek dynamic and cost effective ways to deliver healthcare and partnerships are being formed between physicians and hospitals. These partnerships add to the marked increase in healthcare business transactions along with the progressed development of the physician hospital organization (“PHO”). Attorneys who execute healthcare business transactions on behalf of clients have to follow the federal laws. Part I sets forth potential ethics …
Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth",
2012
Ohio Northern University
Happiness At The House Of Mouse: How Disney Negotiates To Create The "Happiest Place On Earth", Lauren A. Newell
Law Faculty Scholarship
Poets rhapsodize about it, the Beatles sing about it, philosophers debate it, psychologists study it, and chocolate induces it. Disney, on the other hand, claims title to it: happiness. This Article examines, in the context of Roger Fisher and Daniel Shapiro's "Core Concerns" framework and general negotiation theory, the degree to which The Walt Disney Company creates happiness for those at the Walt Disney World Resort, particularly Walt Disney World's guests and cast members. It begins with a brief discussion of happiness and of negotiation theory. This Article next examines how Disney creates at Walt Disney World a negotiating environment …
Transnational Copyright: Misalignments Between Regulation, Business Models And User Practice,
2012
The Peter A. Allard School of Law
Transnational Copyright: Misalignments Between Regulation, Business Models And User Practice, Leonhard Dobusch, Sigrid Quack
Transnational Business Governance Interactions Working Papers
In this paper we analyse discursive struggles over what is referred to as legal and illegal user practices in the internet as an outcome of regulatory uncertainty. The latter, in turn, is examined in the context of a multi-layered transnational copyright regime characterised by three features: the absence of an universally recognized single authority in charge of law-making, fragmented and partially contradicting forms of regulation of global, national and sectoral scope, and considerable indeterminacy of rule interpretation and application arising from the variety and distinctiveness of local usage contexts. We argue that notions of legality and illegality are used strategically …
Transnational Business Governance And The Management Of Natural Resources,
2012
The Peter A. Allard School of Law
Transnational Business Governance And The Management Of Natural Resources, Virginia Haufler
Transnational Business Governance Interactions Working Papers
In the last two decades, the international community has intervened directly to reduce the conflict and corruption that accompany natural resource development in weakly governed states. These efforts converge on the norm of information disclosure by a number of different transnational business governance initiatives. This article examines how the successive failures of public and private efforts led to patterns of convergence and divergence in the transnational governance of the extractive sector. The timing of the effort, combined with variation in industry structure, differences in the targets of information disclosure, and learning over time influence the outcome in each case. This …
