The imputation doctrine in the common law of agency provides that knowledge of an agent acquired in the course of the agency relationship is imputed to the principal. An important exception to the imputation doctrine, known as the adverse interest exception, provides that knowledge is not...

This article will examine the 10th Company Law Directive on Cross-Border Mergers in the light of the EU fundamental freedom of establishment. The provisions of the Cross-Border Mergers Directive must comply with the fundamental freedom of establishment. This article argues that the contribution...

Money laundering has become a phenomenon of financial market regulation. The obligation to identify the ultimate beneficiary, or the beneficiary owner, which need not be entirely synonymous terms, has been the focus for both national authorities and international organizations. However, such...

Currently trademark bullying has become a serious concern for many small businesses that feel as though powerful corporations are abusing aggressive trademark enforcement and litigation techniques to crush genuine competition. No doubt these concerns merit the serious consideration of all...

The Guiding Principles on business and human rights draw heavily on the concept of ‘due diligence' to define and elaborate the corporate responsibility to respect human rights. In the Introduction to the Guiding Principles, the responsibility to respect is defined in terms of due diligence:...

In the wake of the most recent financial crisis, interest in social enterprise has increased exponentially. Disillusioned with the perceived shareholder wealth focus of corporate law, entrepreneurs, investors, customers and governments have become more receptive to new paradigms. In the past...

Trusts can be the solution to a tremendously varied and diverse set of problems, including, significantly, asset protection. It is well established in American law that a settlor may render a trust inalienable by including a spendthrift provision within a trust document. This prevents a...

Fiduciary remedies are notoriously potent. Fiduciaries who profit from their disloyalty are liable to be ordered to disgorge all of their gains. It is widely understood that disgorgement deters disloyalty by threatening removal of gains, the prospect of which might incentivize wrongdoing....