Trusting Strangers: Dispute Resolution In The Crowd,
2015
Indiana University
Trusting Strangers: Dispute Resolution In The Crowd, Anjanette H. Raymond, Abbey Stemler
Cardozo Journal of Conflict Resolution
Hoping to be the next Pebble, entrepreneurs and businesses have flocked to various crowdfunding platforms to contribute dollars to fund initial launches of products and other investments. As readers are undoubtedly aware, Kickstarter was the first and bestknown crowdfunding website, having helped to launch more than 95,000 projects to date. On March 3, 2014, Kickstarter reported that it passed $1 billion in pledges with over 5.7 million people donating to creative projects. There are currently over 800 crowdfunding platforms, with the bulk of dollars contributed going to social campaigns. Of course, as donations grew and the number of backers surged, …
New Weaknesses: Despite A Major Win, Arbitration Decisions In 2014 Increase The Us’S Future Exposure To Litigation And Liability,
2015
Columbia Law School, Columbia Center on Sustainable Investment
New Weaknesses: Despite A Major Win, Arbitration Decisions In 2014 Increase The Us’S Future Exposure To Litigation And Liability, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In 2014, the US continued its overall record of success in defending investment treaty claims. But it did suffer losses on a number of important issues, and those losses will render the US (and its treaty parties) vulnerable to future claims, litigation expense, and liability. The US’s recent losses, which have thus far been largely ignored in commentary on the US’s experiences in investment arbitration, are highlighted in this briefing note.
India,
2015
Southern Methodist University
India, Kavita Mohan, Raj Barot, Aseem Chawla, Ashish Jerjurkar, Divya Ashta, Gagan Kumar, Niyati Chanana, Sharanya G. Ranga, Laxmi Joshi, Fatema Merchant, Priyanka Sharma Goswami, Poorvi Chothani
The International Lawyer
This article surveys significant legal developments in India during the year 2014.
The Halfway Point Between Barbary Coast And Shangri-La: Extraterritoriality And The Viability Of The Economic Reality Method Post-Parkcentral Global Hub Ltd. V. Porche Automobile Holdings Se,
2015
American University Washington College of Law
The Halfway Point Between Barbary Coast And Shangri-La: Extraterritoriality And The Viability Of The Economic Reality Method Post-Parkcentral Global Hub Ltd. V. Porche Automobile Holdings Se, Kaitlin A. Bruno
American University Law Review
No abstract provided.
The Next British Invasion Is Securities Crowdfunding: How Issuing Non-Registered Securities Through The Crowd Can Succeed In The United States,
2015
University of Colorado Law School
The Next British Invasion Is Securities Crowdfunding: How Issuing Non-Registered Securities Through The Crowd Can Succeed In The United States, Robert H. Steinhoff
University of Colorado Law Review
Securities crowdfunding is the novel concept of using the power of the Internet to raise business capital through the "crowd." British companies and investors have proven adept at using the relatively new medium of crowdfunding as a means of providing much needed capital to startups and other small businesses. This Comment examines securities crowdfunding in the United Kingdom in an effort to show how this means of capital formation might succeed in the United States once the SEC implements proposed rules exempting crowdfunded securities from registration. Other commentators have already provided ample criticism of the crowdfunding exemption in the JOBS …
Confronting The Peppercorn Settlement In Merger Litigation: An Empirical Analysis And A Proposal For Reform,
2015
University of Pennsylvania Law School
Confronting The Peppercorn Settlement In Merger Litigation: An Empirical Analysis And A Proposal For Reform, Jill E. Fisch, Sean J. Griffith, Steven D. Solomon
Faculty Scholarship
Shareholder litigation challenging corporate mergers is ubiquitous, with the likelihood of a shareholder suit exceeding 90%. The value of this litigation, however, is questionable. The vast majority of merger cases settle for nothing more than supplemental disclosures in the merger proxy statement. The attorneys that bring these lawsuits are compensated for their efforts with a court-awarded fee. This leads critics to charge that merger litigation benefits only the lawyers who bring the claims, not the shareholders they represent. In response, defenders of merger litigation argue that the lawsuits serve a useful oversight function and that the improved disclosures that result …
Ceo Stock Ownership Policies: Rhetoric And Reality,
2015
Harvard Law School
Ceo Stock Ownership Policies: Rhetoric And Reality, Nitzan Shilon
Indiana Law Journal
This Article is the first academic endeavor to analyze the efficacy and transparency of stock ownership policies (SOPs) in U.S. public firms. SOPs generally require managers to hold some of their firms’ stock for the long term. Following the 2008 financial crisis, firms universally adopted these policies and cited them more than any other policy as a key element in their mitigation of risk. However, my analysis of the recent SOPs of S&P 500 CEOs disputes what firms claim about these policies. First, I find that SOPs are extremely ineffectual in making CEOs hold on to their firm’s stock; this …
Recklessness As A State Of Mind In 10(B) Cases: The Civil-Criminal Dialectic,
2015
University of Miami School of Law
Recklessness As A State Of Mind In 10(B) Cases: The Civil-Criminal Dialectic, Patricia S. Abril, Ann M. Olazabal
Articles
No abstract provided.
Anticipating A Sea Change For Insider Trading Law: From Trading Plan Crisis To Rational Reform,
2015
Mississippi College School of Law
Anticipating A Sea Change For Insider Trading Law: From Trading Plan Crisis To Rational Reform, John P. Anderson
Journal Articles
The Securities and Exchange Commission is poised to take action in the face of compelling evidence that corporate insiders are availing themselves of rule-sanctioned Trading Plans to beat the market. These Trading Plans allow insiders to trade while aware of material nonpublic information. Since the market advantage insiders have enjoyed from Plan trading can be traced to loopholes in the current regulatory scheme, increased enforcement of the existing rules cannot address the issue. But, simply tweaking the existing rule structure to close these loopholes would not work either. This is because the SEC adopted the current rule as a part …
What’S The Harm In Issuer-Licensed Insider Trading?,
2015
Mississippi College School of Law
What’S The Harm In Issuer-Licensed Insider Trading?, John P. Anderson
Journal Articles
There is growing support for the claim that issuer-licensed insider trading (when the insider’s firm approves the trade in advance and has disclosed that it permits such trading pursuant to published guidelines) is economically efficient and morally harmless. But for the last thirty-five years, many scholars and the U.S. Supreme Court have relied on Professor William Wang’s “Law of Conservation of Securities” to rebut claims that insider trading can be victimless. This law is purported to show that every act of insider trading, even those licensed by the issuer, causes an identifiable harm to someone. This article argues that the …
Lift Not The Painted Veil! To Whom Are Directors’ Duties Really Owed?,
2015
Fordham University School of Law
Lift Not The Painted Veil! To Whom Are Directors’ Duties Really Owed?, Martin Gelter, Geneviève Helleringer
Faculty Scholarship
In this article, we identify a fundamental contradiction in the law of fiduciary duty of corporate directors across jurisdictions, namely the tension between the uniformity of directors’ duties and the heterogeneity of directors themselves. American scholars tend to think of the board as a group of individuals elected by shareholders, even though it is widely acknowledged (and criticized) that the board is often a largely self-perpetuating body whose inside members dominate the selection of their future colleagues and eventual successors. However, this characterization is far from universally true internationally, and it tends to be increasingly less true even in the …
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct,
2015
Columbia Law School, Columbia Center on Sustainable Development
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …
Halliburton, Basic, And Fraud On The Market: The Need For A New Paradigm,
2015
Loyola University Chicago, School of Law
Halliburton, Basic, And Fraud On The Market: The Need For A New Paradigm, Charles W. Murdock
Faculty Publications & Other Works
No abstract provided.
Rodrigo’S Abstraction: Capitalism Inequality & Reform Over Time And Space,
2015
Loyola University Chicago, School of Law
Rodrigo’S Abstraction: Capitalism Inequality & Reform Over Time And Space, Steven A. Ramirez
Faculty Publications & Other Works
No abstract provided.
The Significance And Impact Of Price Distortion And The Fraud-On-The-Market Theory After Halliburton Ii,
2015
Loyola University Chicago, School of Law
The Significance And Impact Of Price Distortion And The Fraud-On-The-Market Theory After Halliburton Ii, Charles W. Murdock
Faculty Publications & Other Works
This past summer, the United States Supreme Court handed down its decision in Halliburton v. Erica P. John Fund, Inc. (“Halliburton II”), in which the Court held that a defendant may establish lack of price impact at the certification stage to establish a lack of reliance based upon the fraud-on-the-market theory. This was the third decision in three years dealing with the fraud-on-the-market approach to establishing commonality with respect to reliance by plaintiffs on management’s misrepresentations. In so doing, the Supreme Court retained market efficiency as an element of the fraud-on-the-market theory, but also reflected a broader and …
Government By Contract: Considering A Public Service Ethics To Match The Reality Of The "Blended" Public Work Force,
2015
Emory University School of Law
Government By Contract: Considering A Public Service Ethics To Match The Reality Of The "Blended" Public Work Force, Dan Guttman
Emory Business Law Review
The Iraq War brought to public attention the reality that much of the basic work of government is done by contractors, and that the government's ability to account for its contractors cannot be taken for granted. What, for example, if the rules that protect us against official abuse are not applied to those who, in fact, increasingly do the government's work? What if, for example, the presumption that officials have the capacity to oversee contractors runs against the reality that they do not and, indeed, that the work of contractor management is itself often contracted out? What should we do …
The New York Llc Act At Twenty: Is Piercing Still 'Enveloped In The Midst Of Metaphor'?,
2015
Maurice A. Deane School of Law at Hofstra University
The New York Llc Act At Twenty: Is Piercing Still 'Enveloped In The Midst Of Metaphor'?, Miriam R. Albert
Hofstra Law Faculty Scholarship
Twenty years ago, the New York Limited Liability Company Law was enacted, including § 609(a), which explicitly disclaims liability of members, managers, and agents for the debts and obligations of the LLC. However, New York courts have held that this limitation on liability is not absolute, and certain conduct on the part of the owners can erode the liability shield. The statute provides that the members will not have personal liability for LLC debts solely because of their role as owners in the LLC. The statute does not say that members will never have liability, just that any liability will …
Intellectual Property Securitization,
2015
Ramat Gan Law School
Intellectual Property Securitization, Dov Solomon, Miriam Bitton
Cardozo Arts & Entertainment Law Journal
This Article aims to explore the securitization of intellectual property [hereinafter "IP"], introducing the promise of said financing method in the growing field of IP. In recent years, IP has become a major component of developed economics. Raising funds for research, development, and the creation of new inventions and works of authorship has never been an easy task. This Article, therefore, presents a review of securitization in the field of IP and in doing so makes a few major contributions. It offers a thorough discussion of securitization, its benefits, and its prominence over more traditional methods of financing, such as …
The Financial Action Task Force: International Regulatory Convergence Through Soft Law,
2015
New York Law School, 2012
The Financial Action Task Force: International Regulatory Convergence Through Soft Law, Nicholas W. Turner
NYLS Law Review
No abstract provided.
Lawyer Ethics And The Financial Action Task Force: A Call To Action,
2015
Professor of law and faculty director of the Miller-Becker Center for Professional Responsibility at the University of Akron School of Law
Lawyer Ethics And The Financial Action Task Force: A Call To Action, Jack P. Sahl
NYLS Law Review
No abstract provided.
