Commercial Law Commons^™

Shareholder Voting In Proxy Contests For Corporate Control, Uncontested Director Elections And Management Proposals, Randall Thomas, Patrick C. Tricker

Vanderbilt Law School Faculty Publications

This paper surveys the empirical literature on shareholder voting, specifically on votes related to contested and uncontested director elections and on management proposals. While much of current theory depicts shareholder votes as an ineffective control on the boards decision making, the empirical literature paints a more nuanced picture. When a proxy contest breaks out, shareholders wield immense influence. These contests tend to have significant benefits for the corporation, including facilitating a change in management, reducing unnecessary liquidity, and prompting the payout of dividends. Even in uncontested director elections, shareholders decisions to vote for or withhold their vote reflect the company's …

Newsroom: Gutoff, Nixon On Puerto Rico 09-28-2017, Katie Warren, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Newsroom: From Farm To School 09-21-2017, Jill Rodrigues, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

E-Commerce All At Sea: China Welcomes Digital Bills Of Lading Under The Electronic Signature Law 2005, Felix W.H. Chan

Oklahoma Journal of Law and Technology

No abstract provided.

Supremacy Of Law Or Religion: Congress's Power To Amend The Constitution Bypassing Constraints Of The Constitutional Process, Roman Sankovych

DePaul Business & Commercial Law Journal

No abstract provided.

The Netflix Tax: Chicago's Extension Of Its Amusement Tax To Include Electronically Delivered Entertainment Faces Numerous Changes And Sets The Stage For Taxing On Streaming-Based Entertainment, Stephanie Cueman

DePaul Business & Commercial Law Journal

No abstract provided.

Dodd-Frank Wall Street Reform And Consumer Protection Act: The Evolution Of Whistleblower Protections, Employment Contracts And Mandatory Arbitration Agreements, Florence Shu-Acquaye

DePaul Business & Commercial Law Journal

No abstract provided.

The Eleventh Circuit's Second Shot At Getting It Right: Nonconsensual Nondebtor Releases In Bankruptcy Court, Pierce G. Hand Iv

DePaul Business & Commercial Law Journal

No abstract provided.

Section 3: Business Law Panel, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Extraterritoriality Of The Regulations And Interconnections Of The Derivatives Market: Legal Implications For East And Southeast Asia, Christopher C. H. Chen

Research Collection Yong Pung How School Of Law

This article examines the legal implications of the interconnections of the global derivatives market, such as the exchange and over-the-counter (OTC) markets, in East and Southeast Asia. First, we introduce the interconnectedness of the global derivatives market. We then examine some legal implications of such interconnectedness from several angles, such as the extraterritoriality of relevant regulations (notably the reporting, clearing and trading mandates prescribed by the G20 and the new initial margin rule), standard product documentation, the effect of substituted compliance, the potential competition effect due to shifting OTC trades to exchange trading and the effect of consolidating exchanges and/or …

A Director’S Duty Of Loyalty And The Relevance Of The Company’S Scope Of Business: Cheng Wai Tao V Poon Ka Man Jason, Pearlie M. C. Koh

Research Collection Yong Pung How School Of Law

The Hong Kong Court of Final Appeal has utilised a ‘scope of business’ inquiry to delineate the boundaries of the no-conflict rule for the company director. Such an inquiry is directed at discerning the realistic ability of the company to exploit any particular business opportunity and a strict capacity approach is eschewed, at least where the no-conflict rule is concerned. The decision is premised on a bifurcation between the no-conflict and no-profit rules, suggesting that the tests to determine breach of these fiduciary rules are not necessarily the same, thus permitting a more nuanced consideration of directorial breaches.

Tales From A Form Book: Stock Stories And Transactional Documents, Susan M. Chesler, Karen J. Sneddon

Montana Law Review

Tales from a Form Book: Stock Stories and Transactional Documents

Research On Mortgage Of Ocean-Going Vessel Under Construction, Peng Xiao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

The Uberization Of Arbitration Clauses, Jill I. Gross

Arbitration Law Review (2009 - Present)

No abstract provided.

Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel

Arbitration Law Review (2009 - Present)

No abstract provided.

Improving Connectivity Between Asean's Legal Systems To Address Commercial Issues, Locknie Hsu, Pearlie M. C. Koh, Man Yip

Research Collection Yong Pung How School Of Law

This interim report on legal barriers to doing business in ASEAN coincides with the 50th Anniversary of ASEAN’s founding and the first year of the ASEAN Economic Community (AEC). The team is privileged to be supported by, among others, the Canada-ASEAN Business Council (CABC), given that it is also the 40th anniversary of dialogue relations between Canada and ASEAN.

Despite occasional misgivings about the “ASEAN Way”, ASEAN economic integration has come a very long way. The number of member States has grown over the 50 years since ASEAN’s founding, and the joint efforts among these States driving economic growth and …

Preventing Fishing Gear Loss From Vessel Interactions In New England, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Jamison Jedziniak

Sea Grant Law Fellow Publications

No abstract provided.

Newsroom: Rwu Law Welcomes New Director Of Business Law Programs And The Corporate Counsel Externship Program July 19, 2017, Roger Williams University School Of Law

Life of the Law School (1993- )

New

Congress And Commercial Trusts: Dealing With Diversity Jurisdiction Post-Americold, S. I. Strong

Faculty Publications

The treatment of commercial trusts reached its nadir in early 2016, when the U.S. Supreme Court held in Americold Realty Trust v. ConAgra Foods, Inc. that the citizenship of a commercial trust should be equated with that of its shareholder-beneficiaries for purposes of diversity jurisdiction. Unfortunately, the sheer number of shareholder-beneficiaries in most commercial trusts (often amounting to hundreds if not thousands of individuals) typically precludes the parties' ability to establish complete diversity and thus eliminates the possibility of federal jurisdiction over most commercial trust disputes. As a result, virtually all commercial trust disputes will now be heard in state …

Cross Border Public Offering Of Securities In Fostering An Integrated Asean Securities Market: The Experiences Of Singapore, Malaysia And Thailand, Wai Yee Wan

Research Collection Yong Pung How School Of Law

In 2015, the Association of South-East Asian Nations (ASEAN) Economic Community was formally established and its aim was to achieve, among other things, an integrated securities market within ASEAN.

Before the formal establishment of the ASEAN Economic Community, in 2009, with a view towards achieving the objective of securities integration, Singapore, Malaysia and Thailand adopted the ASEAN Disclosure Standards, a set of harmonized disclosure standards for issuers making cross-border initial public offerings (IPOs). These participating Member States also entered into a framework for the expedited review for cross-listings. However, more than 5 years later, there is no documented use of …