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conduct of corporate actors as it is correlating obligation with potential liability. We find in this paper that ERISA is … helpful in anticipating the issues that state corporate law will confront in its increasing focus on officer liability. We … look to ERISA to identify issues expected to arise as a result of the growing state law emphasis on individual liability …
Persistent link: https://www.econbiz.de/10014050767
Two recent cases, one from New Zealand and the other from the UK, highlight issues relating to the intersection between company law and securities law. In one, the directors attempted to defend alleged breaches of the statutory duty to make full prospectus disclosure by asserting that they were...
Persistent link: https://www.econbiz.de/10012999281
Civil liability of rating agencies has to strike a balance between over-deterrence and overly lax behavior control. The … or liability caps …
Persistent link: https://www.econbiz.de/10013088984
Persistent link: https://www.econbiz.de/10013152485
and by considering individuals' situation and economic circumstances. The economic theory provides determinants that are … obligations of insurance intermediaries and a liability rule to sanction violations. In order to interpret and substantiate the …
Persistent link: https://www.econbiz.de/10010371522
Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....
Persistent link: https://www.econbiz.de/10012844339
There is a heightened lack of clarity and understanding about the new U.S. business forms both in terms of theory and …
Persistent link: https://www.econbiz.de/10012826430
public from a finding of liability. A virtue of the current standard is the knowledge that firms who violate the antitrust … academics and agency officials—could conceivably water down the information value of a finding of liability. In essence, the …
Persistent link: https://www.econbiz.de/10014358964
The Biden Administration has signaled an interest in ensuring that regulations appropriately benefit vulnerable and disadvantaged communities. Prior presidential administrations since at least the Reagan Administration have focused on ensuring that regulations are efficient, maximizing the net...
Persistent link: https://www.econbiz.de/10014079850
This Article is the first comprehensive study of how American courts have resolved conflicts of laws arising from cross-border torts over the last four decades. This period coincides with the confluence of two independent forces: (1) a dramatic increase in the frequency and complexity of...
Persistent link: https://www.econbiz.de/10014211298