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New Zealand lawyers are dealing increasingly with Japan, and with its big corporations. This article discusses points of interest which arise, e.g. Cross-cultural overview, the status of the merchant, the development and use of law, Japanese strength of tradition and how Japan and its business...
Persistent link: https://www.econbiz.de/10012998841
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
This article looks at New Zealand's conduct of business rules for financial advisers. It compares New Zealand's rules to conduct of business rules applicable in the United Kingdom and Australia. There are major respects in which New Zealand's conduct of business rules fall behind best practice,...
Persistent link: https://www.econbiz.de/10012999354
In this article the author outlines some difficulties facing the cyber-shopper. These include the practical difficulties of enforcement and redress which arise when a cyber-shopper purchases a defective product from an overseas supplier, or when misleading information is placed on the internet...
Persistent link: https://www.econbiz.de/10012999359
This article examines the benefits of the class action for New Zealand consumers. It analyses the current operation of the New Zealand class action and recommends significant reform to expand the use of the class action and to give clear specific guidelines on its operation. The author defines a...
Persistent link: https://www.econbiz.de/10012999361
Internal Revenue Code section 7122 provides that “the Secretary may compromise any civil or criminal case arising under the internal revenue laws . . . .” This simple language supplies a statutory hook for the Internal Revenue Service's (IRS's) “Offer in Compromise” (OIC) program, one of...
Persistent link: https://www.econbiz.de/10013000013
This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...
Persistent link: https://www.econbiz.de/10013000492
Website privacy policies often contain ambiguous language that undermines the purpose and value of privacy notices for site users. This paper compares the impact of different regulatory models on the ambiguity of privacy policies in multiple online sectors. First, the paper develops a theory of...
Persistent link: https://www.econbiz.de/10013001509
The conventional wisdom is that the FTC was the governmental equivalent of a leper colony prior to 1969, and its credibility and reputation were restored only by the adoption of the wise recommendations in the 1969 ABA Report. There is no question that the FTC deserves plenty of criticism for...
Persistent link: https://www.econbiz.de/10013002579
The role of corporate and securities laws in addressing foreign corrupt business practices has, to date, received limited consideration. Departing from the substantial literature on the criminal and public law response to international corruption, the authors analyze Canada's Corruption of...
Persistent link: https://www.econbiz.de/10013003152