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8,330 full-text articles. Page 10 of 187.

Robert D. Scarborough, Jr. Et Al., Order On Baker Donelson Defendants' Motion For Judgment On The Pleadings, Elizabeth E. Long 2018 Fulton County Superior Court

Robert D. Scarborough, Jr. Et Al., Order On Baker Donelson Defendants' Motion For Judgment On The Pleadings, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Tara Scott Et Al., Order On Pending Motions, Elizabeth E. Long 2018 Fulton County Superior Court

Tara Scott Et Al., Order On Pending Motions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Taking Control Rights Seriously, Robert Rasmussen 2018 University of Southern California

Taking Control Rights Seriously, Robert Rasmussen

University of Southern California Legal Studies Working Paper Series

It is common to observe that investors receive both cash flow rights and control rights against a borrower. The crucial differences between these two “rights” is rarely focused on. Cash flow rights are rights in that they are legal entitlements. Outside of bankruptcy, failure to pay entitles a lender to resort to a legal remedy against the borrower. Inside of bankruptcy, the Bankruptcy Code structures the way in which these legal entitlements will be adjusted. Control rights are different. They do not confer direct power over the business, nor do they provide lenders with a judicial remedy that allows them ...


The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School of Law 2018 Roger Williams University

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


How Shell Entities And Lack Of Ownership Transparency Facilitate Tax Evasion And Modern Policy Responses To These Problems, 2018 Marquette University Law School

How Shell Entities And Lack Of Ownership Transparency Facilitate Tax Evasion And Modern Policy Responses To These Problems

Marquette Law Review

The purpose of this article is to review the use and application of shell entities, as they facilitate tax evasion, impede investigations, and harm society. This article details the types and characteristics of shell entities, reviews actual cases to exhibit how shells are abused, outlines reasons shells disguise beneficial ownership, and analyzes steps taken by countries and organizations to thwart the abuse of shell entities. Many types of shell entities are used by tax evaders and are often layered in an intricate network which conceals the identity of beneficial owners. Nominees and bearer shares are used in tandem with shell ...


Crowdfunding Signals, Darian M. Ibrahim 2018 William & Mary Law School

Crowdfunding Signals, Darian M. Ibrahim

Faculty Publications

Entrepreneurs can now “crowdfund,” or sell securities to unaccredited investors over the Internet, to raise capital. But will these companies be able to attract the follow-on investors (angels and venture capitalists) that are necessary for long-term success? Angels and VCs face extreme levels of information asymmetry when deciding whether to fund a company. Signals can reduce this asymmetry. Early commentary argues a company only crowdfunds as a last resort for fear of sending a negative signal about the company’s quality to follow-on investors. This Article argues the inverse. This Article argues a successful crowdfunding campaign can send a positive ...


Equity Crowdfunding Portals Should Join And Enhance The Crowd By Providing Venture Formation Resources, Jeff Thomas 2018 Central Michigan University

Equity Crowdfunding Portals Should Join And Enhance The Crowd By Providing Venture Formation Resources, Jeff Thomas

Nova Law Review

No abstract provided.


Economic Liberty "In A World Of Pure Imagination”: A Theoretical Analysis Of Willy Wonka, Natural Rights, And The New Age Of Innovation, Tammy M. Eick 2018 Nova Southeastern University

Economic Liberty "In A World Of Pure Imagination”: A Theoretical Analysis Of Willy Wonka, Natural Rights, And The New Age Of Innovation, Tammy M. Eick

Nova Law Review

No abstract provided.


Disruptive Philanthropy: Chan-Zuckerberg, The Limited Liability Company, And The Millionaire Next Door, Dana Brakman Reiser 2018 Brooklyn Law School

Disruptive Philanthropy: Chan-Zuckerberg, The Limited Liability Company, And The Millionaire Next Door, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.


The Diminishing Duty Of Loyalty, Julian Velasco 2018 Notre Dame Law School

The Diminishing Duty Of Loyalty, Julian Velasco

Journal Articles

Fiduciary duties comprise an integral part of corporate law. It is generally understood that directors owe the corporation and its shareholders two fiduciary duties: the duty of care and the duty of loyalty. Although both duties are firmly established in corporate law, they are not treated equally. It is generally understood that the duty of loyalty is enforced far more rigorously than the duty of care. The justification for this dichotomy is twofold. First, differential treatment is appropriate because of the relative urgencies of the underlying subject matter: loyalty issues pose greater risks than do care issues. Second, the deference ...


Of Wild Beasts And Digital Analogues: The Legal Status Of Autonomous Systems, Matthew U. Scherer 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Of Wild Beasts And Digital Analogues: The Legal Status Of Autonomous Systems, Matthew U. Scherer

Nevada Law Journal

No abstract provided.


The Privilege Doctrines--Are They Just Another Discovery Tool Utilized By The Tobacco Industry To Conceal Damaging Information?, Christine Hatfield 2018 Pace University School of Law

The Privilege Doctrines--Are They Just Another Discovery Tool Utilized By The Tobacco Industry To Conceal Damaging Information?, Christine Hatfield

Pace Law Review

This Comment will analyze the tobacco companies' use of the privilege doctrines to avoid litigation over the past thirty years, specifically focusing on the last fifteen years of litigation between this industry and its accusers. Part II of this Comment will discuss the pertinent discovery rules and the manner in which they are abused. Part III will examine the development, scope and limitations of the attorney-client privilege and work product doctrines, considering with particularity the corporate context and the applicability of the crime-fraud exception to these doctrines. Part IV will review the case law of the tobacco litigation, focusing on ...


Vertical Merger Enforcement Actions: 1994–July 2018, Steven C. Salop, Daniel P. Culley 2018 Georgetown University Law Center

Vertical Merger Enforcement Actions: 1994–July 2018, Steven C. Salop, Daniel P. Culley

Georgetown Law Faculty Publications and Other Works

This is a revised version of our earlier listing of vertical merger enforcement actions by the Department of Justice and Federal Trade Commission since 1994. This revised listing includes 58 vertical matters beginning in 1994 through July 2018. It includes challenges and certain proposed transactions that were abandoned in the face of Agency concerns. This listing can be treated as an Appendix to Steven C. Salop and Daniel P. Culley, Revising the Vertical Merger Guidelines: Policy Issues and an Interim Guide for Practitioners, 4 Journal of Antitrust Enforcement 1 (2016).


Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey 2018 Supreme Court of Delaware; University of Pennsylvania Law School

Citizens United As Bad Corporate Law, Leo E. Strine Jr., Jonathan Macey

Faculty Scholarship at Penn Law

In this Article we show that Citizens United v. FEC, arguably the most important First Amendment case of the new millennium, is predicated on a fundamental misconception about the nature of the corporation. Specifically, Citizens United v. FEC, which prohibited the government from restricting independent expenditures for corporate communications, and held that corporations enjoy the same free speech rights to engage in political spending as human citizens, is grounded on the erroneous theory that corporations are “associations of citizens” rather than what they actually are: independent legal entities distinct from those who own their stock. Our contribution to the literature ...


Serial Collusion By Multi-Product Firms, Michael Meurer, William Kovacic, Robert Marshall 2018 Boston Univeristy School of Law

Serial Collusion By Multi-Product Firms, Michael Meurer, William Kovacic, Robert Marshall

Faculty Scholarship

We provide empirical evidence that many multi-product firms have each participated in several cartels over the past 50 years. Standard analysis of cartel conduct, as well as enforcement policy, is rooted in the presumption that each cartel in which a given firm participates is a singular activity, independent of other cartel conduct by the firm. We argue that this analysis is deficient in many respects in the face of serial collusion by multi-product firms. We offer policy recommendations to reign in serial collusion, including a mandatory coordinated effects review for any merger involving a serial colluder, regardless of the apparent ...


How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones 2018 Boston College Law School

How Irrational Actors In The Ceo Suite Affect Corporate Governance, Renee M. Jones

Boston College Law School Faculty Papers

No abstract provided.


Appraisal Arbitrage: In Case Of Emergency, Break Glass, Malaina J. Weldy 2018 Notre Dame Law School

Appraisal Arbitrage: In Case Of Emergency, Break Glass, Malaina J. Weldy

Notre Dame Law Review

Part I of this Note introduces the appraisal remedy, outlining its history, purpose, and modern justifications. It also details the procedural process for bringing an appraisal claim. Part II examines the rise of appraisal in its current arbitrage form, delving into the various reasons set forth to explain its rise, as well as how the recent amendments to the Delaware appraisal statute have addressed these issues. This Part also analyzes Delaware’s recent merger price “presumption” trend. Part III puts forth several arguments in light of this trend, with the intent that such arguments will both justify and protect the ...


The Wealth Gap And The Racial Disparities In The Startup Ecosystem, Lynnise E. Pantin 2018 Boston College Law School

The Wealth Gap And The Racial Disparities In The Startup Ecosystem, Lynnise E. Pantin

Boston College Law School Faculty Papers

Although much attention has been given to structural inequality as it manifests in the criminal justice context, little has been said about economic inequality as it relates to the startup ecosystem. This Article details how the historic creation of the wealth gap affects entrepreneurship, highlighting how the wealth gap adversely impacts entrepreneurs of color. Entrepreneurship is a compelling solution to wealth inequality, but wealth inequality can be an impediment to success in entrepreneurship. This Article explains how the United States’ history of bolstering wealth creation for some, while inhibiting wealth creation for people of color, matters for understanding the startup ...


Tara Scott Et Al., Order On Certain Pending Motions, Elizabeth E. Long 2018 Fulton County Superior Court Judge

Tara Scott Et Al., Order On Certain Pending Motions, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.


Omar Abdel-Aleem Et Al., Order On Pending Motions, Melvin K. Westmoreland 2018 Fulton County Superior Court Judge

Omar Abdel-Aleem Et Al., Order On Pending Motions, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.


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