The Meaning Of "Agreement" Under The Sherman Act: Thoughts From The "Facilitating Practices" Experience, 2014 Cornell Law School
The Meaning Of "Agreement" Under The Sherman Act: Thoughts From The "Facilitating Practices" Experience, George A. Hay
George A. Hay
While the Economic Policy Office was involved in a number of interesting and important matters during the six years I was Director (1973–1979), for the most part my involvement in individual investigations and cases was vicarious, i.e., supervising, supporting, and advising the staff economists assigned to the particular matter. The one major exception – a matter in which I became personally involved in an intensive way – was the General Electric (GE)-Westinghouse price signaling matter. In what follows, I provide a brief summary of what transpired in the GE-Westinghouse matter and then trace through some of the longer term consequences …
British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), 2014 University of Georgia School of Law
British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), David A. Everreste
Georgia Journal of International & Comparative Law
No abstract provided.
Summary Of In Re: Cay Clubs, 130 Nev., 130 Nev. Adv. Op. 92, 2014 Nevada Law Journal
Summary Of In Re: Cay Clubs, 130 Nev., 130 Nev. Adv. Op. 92, Adam Wynott
Nevada Supreme Court Summaries
The Court concluded that NRS 87.160(1) may impose partnership liability on a joint venture based on the partnership-by-estoppel doctrine and that the statute may apply to any claim that relies on the doctrine’s element of reasonable reliance. The Court clarified the statute’s meaning, stating that a partnership by estoppel requires (1) consent, manifested expressly or impliedly from the liable party’s conduct; (2) credit, not limited to financial credit, given by one party to the other; (3) and reasonable reliance by one party on the other party’s representation of a partnership or joint venture.
La Escasa Significación De Los Registros Públicos, 2014 Echaiz Abogados
La Escasa Significación De Los Registros Públicos, Daniel Echaiz Moreno
Daniel Echaiz Moreno
No abstract provided.
La Elusión Tributaria: Análisis Crítico De La Actual Normatividad Y Propuestas Para Una Futura Reforma, 2014 Echaiz Abogados
La Elusión Tributaria: Análisis Crítico De La Actual Normatividad Y Propuestas Para Una Futura Reforma, Daniel Echaiz Moreno
Daniel Echaiz Moreno
No abstract provided.
¿Cabe La Impugnación Y/O La Nulidad De Los Acuerdos Del Directorio?, 2014 Echaiz Abogados
¿Cabe La Impugnación Y/O La Nulidad De Los Acuerdos Del Directorio?, Daniel Echaiz Moreno
Daniel Echaiz Moreno
No abstract provided.
Compliance With Most Favored Customer Clauses: Giving Meaning To Ambiguous Terms While Avoiding False Claims Act Allegations, 2014 Skadden, Arps, Slate, Meagher & Flom LLP
Compliance With Most Favored Customer Clauses: Giving Meaning To Ambiguous Terms While Avoiding False Claims Act Allegations, Mitchell S. Ettinger, James C. Altman
Notre Dame Law Review Reflection
Federal and state contracting authorities more frequently are including Most Favored Customer (MFC) clauses in contracts for procurement of privately manufactured products. These clauses seek to ensure that the contracting authority (typically a federal or state agency) receives at least as favorable pricing as other customers making similar purchases. For example, the government agency may request that the contractor warrant that the prices it charges under the contract will be as favorable as those offered to other parties purchasing similar products of similar quantity under similar terms and conditions. In theory, the request to be treated equally to others making …
Contract Law Update 2014, 2014 Singapore Management University
Contract Law Update 2014, Yihan Goh
Research Collection Yong Pung How School Of Law
With the end of 2014 almost upon us, it is apposite to take stock of the more important developments in Singapore contract law in the year. This entry examines four cases that straddle important developments across various fields in contract law, namely, formation, terms, breach and illegality. In each case, it can be seen that the Singapore courts are anxious to consolidate existing law, and to chart new courses where relevant and appropriate.
Coming Up Short: The United States' Second-Best Strategies For Corralling Purely Speculative Derivatives, 2014 University of Missouri - Kansas City, School of Law
Coming Up Short: The United States' Second-Best Strategies For Corralling Purely Speculative Derivatives, Timothy E. Lynch
Faculty Works
Purely speculative derivatives (PSDs) are derivatives in which neither counterparty is engaged in hedging. Unless used for entertainment purposes, PSDs are irrational, less-than-zero-sum transactions. Entities that engage in PSDs jeopardize their stakeholders and increase systemic risk. PSDs can also increase moral hazard, be used for regulatory arbitrage, and redirect resources away from efficient allocation of market capital. PSDs should be unenforceable, void for public policy reasons, except where expressly permitted to provide gambling entertainment, enhance price discovery, or increase liquidity for hedgers. In the U.S., however, PSDs are often legal and enforceable, even after the financial crisis of 2008 that …
Class Actions Suits Vs. Arbitration Clause (Mexico), 2014 Universidad Autonoma de Baja California
Class Actions Suits Vs. Arbitration Clause (Mexico), Jorge E. De Hoyos Walther
Jorge E De Hoyos Walther
On September 24, 2014, the Mexican Supreme Court (SCJN) issued a landmark decision in the world of arbitration and class action suits. In summary, SCJN upheld that it is possible to file a class action suit, even though an arbitration clause is included in the agreement that governs the business relationship
Activist Compensation Of Board Nominees & The Middle Ground Response, 2014 Debevoise & Plimpton
Activist Compensation Of Board Nominees & The Middle Ground Response, Adam Prestidge
Adam Prestidge
Shareholder activism has taken an increasingly high-profile and polarizing role in investing and corporate governance. Moves by shareholder activists, and the policy behind those moves, constantly appear in corporate headlines. One of shareholder activists’ primary methods of enacting changes in companies is to nominate directors to the board, and often those director nominees are highly-compensated by the shareholder activist itself. Some in the corporate world oppose this practice, arguing that it creates a significant conflict of interest and can damage the company in the short term, while others argue that the practice is a necessary tool for investors that may …
The Pitfalls Of The (Perfect) Market Benchmark: The Case Of Countervailing Duty Law, 2014 University of Florida Levin College of Law
The Pitfalls Of The (Perfect) Market Benchmark: The Case Of Countervailing Duty Law, Wentong Zheng
Wentong Zheng
Markets have long been used as benchmarks for economic value in various areas of law. However, a crucial question has received less than adequate attention: what type of market should be used in the market benchmark? More specifically, given all the imperfections one typically finds in day-to-day markets, how perfect does a market have to be in order to qualify as a benchmark for economic value? This Article discusses this question using countervailing duty law as a case study. Countervailing duty law allows the United States to impose countervailing duties on imported merchandise to offset subsidies conferred by foreign governments …
Enforcement Of Noncompete Agreements: Protecting The Public Interest Through An Entrepreneurial Approach, 2014 SelectedWorks
Enforcement Of Noncompete Agreements: Protecting The Public Interest Through An Entrepreneurial Approach, Griffin Toronjo Pivateau
Griffin Toronjo Pivateau
Enforcement of Noncompete Agreements: Protecting the Public Interest Through an Entrepreneurial Approach
The enforcement of noncompete agreements is variable, differing between courts, between states, and between contexts. Analysis of a noncompete agreement tends not only to be fact-dependent, but location-dependent as well. Some states enforce virtually all noncompete agreements; other states refuse to enforce any noncompete agreements. Courts determine reasonableness without regard to the terms of the agreement. A noncompete agreement is a unique type of contract, as the normal contract standard of mutual agreement supported by consideration falls to the wayside. Instead, reasonableness becomes the key to enforceability.
To …
Comparing The Equivalency Of The New Crs, Bba, And Us Ben Owner Reporting Forms, What’S A Financial Institution To Do?, 2014 Texas A&M University School of Law
Comparing The Equivalency Of The New Crs, Bba, And Us Ben Owner Reporting Forms, What’S A Financial Institution To Do?, William Byrnes
William H. Byrnes
No abstract provided.
Who Sits On Texas Corporate Boards? Texas Corporate Directors: Who They Are & What They Do, 2014 Author, Educator, Entrepreneur & Professional Corporate Director
Who Sits On Texas Corporate Boards? Texas Corporate Directors: Who They Are & What They Do, Lawrence J. Trautman
Lawrence J. Trautman Sr.
Corporate directors play an important role in governing American business, in the capital formation process, and are fundamental to the stewardship of economic growth. Texas businesses play a disproportionately important role among the states in aggregate U.S. job creation, responsible for 37% of all net new American jobs since the post 2008-2009 recovery began. It is the job of the board of directors to govern the corporation. The duties and responsibilities of a corporate director include: the duty of care; duty of loyalty; and duty of good faith. This paper results from the author’s previously assembled biographical data for most …
Demand Promissory Notes And Commercial Loans: Balancing Freedom Of Contract & Good Faith, 2014 Lehigh University
Demand Promissory Notes And Commercial Loans: Balancing Freedom Of Contract & Good Faith, George A. Nation Iii
George A Nation III
Promissory notes are ubiquitous in commercial lending. The promissory note represents the borrowers promise to repay and is governed by the Uniform Commercial Code’s Article 3. Under Article 3, promissory notes are either demand instruments or time instruments. In general, the holder of a demand instrument may decide to demand payment at any time and for any reason, while the holder of a time note must wait for payment until the arrival of the specific repayment date or dates included in the note. For this reason, time notes usually contain an acceleration clause. An acceleration clause allows the holder to …
Corporate Claims Against Director For Paying Bribes On Company's Behalf: Ho Kang Peng V Scintronix (Formerly Ttl Holdings), 2014 Singapore Management University
Corporate Claims Against Director For Paying Bribes On Company's Behalf: Ho Kang Peng V Scintronix (Formerly Ttl Holdings), Wai Yee Wan
Research Collection Yong Pung How School Of Law
Can a company recover the value of the bribe from a director who has paid the bribe, on behalf of the company, to a third party to secure certain benefits for the company, and where it is not alleged that the director had personally benefitted from the bribe? This question raises several complex issues relating to directors’ standard of care, corporate authorisation and corporate illegality, which were considered by the recent decision of the Singapore Court of Appeal in Ho Kang Peng v Scintronix Corp (formerly known as TTL Holdings).
Teoría General De Los Signos Distintivos, 2014 Universidad de los Hemisferios
Teoría General De Los Signos Distintivos, Juan Carlos Riofrío Martínez-Villalba
Juan Carlos Riofrío Martínez-Villalba
La presente investigación delinea de forma sistemática una teoría general para todo género de signos distintivos. Para este propósito se vale de las investigaciones parciales que la propiedad industrial y otras ramas del derecho han realizado de algunos signos distintivos particulares, como las marcas, las indicaciones geográficas, los sellos de calidad, los nombres de pila, los nombres comerciales, entre otros. Se usa un método inductivo que recoge leyes, jurisprudencia y doctrina de varios lugares del mundo. En cuanto a la estructura, luego de una introducción, se determinar cuál es el conjunto de los signos distintivos que será el universo a …
The Criminal Practitioner's Guide To Understanding The New York Securities Laws And Penal Law Scheme To Defraud, 2014 Selected Works
The Criminal Practitioner's Guide To Understanding The New York Securities Laws And Penal Law Scheme To Defraud, John C. Henry
John C. Henry
No abstract provided.
Structuring Joint Ventures In Saudi Arabia: What Every Foreign Investor Should Know..., 2014 New York University
Structuring Joint Ventures In Saudi Arabia: What Every Foreign Investor Should Know..., Jean-Francois Seguin
Jean-Francois Seguin
Saudi Arabia is a complex jurisdiction for non-GCC investors, with high transaction execution risks but yet is also brimming with business opportunities. It is imperative that investors choose the right professional advisors to guide them through the legal framework and requirements that apply in this market.