The Yahoo! Inc. case illustrates the question of which law to apply to the Internet and the limits of state sovereignty in a borderless “virtual” world. In this legal dispute Yahoo! Inc. had been charged by several French associations with violating French criminal law and public order by...

The incidence of counterfeiting and trademark infringement has surged with the widespread use of online marketplaces, such as eBay, the Internet auction platform. As a result, such sites have faced a steady stream of lawsuits brought by prominent trademark owners in United States and European...

Globalization and the growth of multinational enterprises (MNEs) has been accompanied by an increasing call for corporations to take responsibility for their environmental and social impacts, and for greater corporate disclosure and transparency with regard to non-financial risks (collectively...

Scholarly work shows that the existing legal framework for sustainable development is insufficient, cautious, incremental, and incomplete. Despite public and private efforts to address sustainable development, environmental and social problems and conditions continue to worsen. This Article...

We argue that proactive law can help organizations be more sustainable. Towards that end, this Article first provides a synopsis of proactive law literature as it pertains to corporate sustainability. Next, we discuss a series of illustrative cases on the pivotal nexus of proactive law and...

Regulatory efforts in the United States and European Union have recently refocused on materiality, an essential but elusive securities law concept. The renewed focus is due in part to increasing globalization of capital markets, data, and information channels that has highlighted inconsistencies...

This Article describes the problem of ambush marketing: the act of attempting to associate with an event without buying the rights to do so. From the perspective of the organizers and sponsors, the problem is significant. More than $100 billion is spent annually on purchasing sponsorship rights...

Commercial contract users read their contract documents infrequently, and understand them inadequately. The disincentives may be several: perhaps because contract language is too technical and too long; or that contracts tend to be organized around ensuring or avoiding legal liability rather...

Numerous scandals over the past 10-20 years, and last but not least the financial crisis, have raised public interest in and the demand for stricter regulation of executive pay in general and compensation packages for departing directors in particular (so-called 'golden parachutes' or 'golden...

The U.S. Supreme Court, in a series of recent cases, has restricted personal jurisdiction over corporate defendants ― and foreign corporations in particular. The Supreme Court’s restrictions are ― although a peripheral concern ― motivated by an interest for international comity and an...