Category Archives: Business & Corporate Law

Steven J. Cleveland, Resurrecting Deference to the Securities and Exchange Commission: Mark Cuban and Trading on Inside Information

By applying the Supreme Court‘s administrative law jurisprudence to the examination of the validity of Rule 10b5-2(b)(1)—a rule recently adopted by the Securities and Exchange Commission (Commission)—this Article fills a significant gap in the existing literature. To date, commentators have … Continue reading

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George W. Dent, Jr., Corporate Governance: The Swedish Solution

The optimal allocation of authority among executives, directors, and shareholders of public companies has been debated as long as there have been public companies, and the issue now seems further from resolution than ever. In recent years Sweden has changed … Continue reading

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Giselle Gutierrez, Hurd v. Espinoza: “Third Party Confidential Information” in Delaware Corporate Litigation

On June 24, 2010, celebrity attorney Gloria Allred sent a letter (the Allred Letter) to Mark Hurd, then the Chief Executive Officer of Hewlett-Packard Company (HP), claiming that Hurd sexually harassed her client Jodie Fisher, a former HP contractor. In … Continue reading

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Andrew C.W. Lund, Compensation as Signaling

Why do scholars and activists pay such close attention to how executive compensation is structured? Appropriate pay structure has traditionally been seen as a mechanism for reducing agency costs imposed on public firms by managers. But as that view has … Continue reading

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Jeffrey Manns, Building Better Bailouts: The Case for a Long-Term Investment Approach

63 Fla. L. Rev. 1349 (2011)| | | | The Article seeks to fill a crucial gap in the Dodd-Frank Wall Street Reform and Consumer Protection Act: the failure to create a framework for dealing with future financial bailouts. It … Continue reading

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Richard A. Epstein, Dunwody Distinguished Lecture in Law: The Constitutional Paradox of the Durbin Amendment: How Monopolies are Offered Constitutional Protections Denied to Competitive Firms

63 Fla. L. Rev. 1307 (2011)| | | | The Durbin Amendment is the first of the major provisions of the Dodd-Frank Act to have been implemented-but only after it withstood a constitutional challenge on the basis of the Takings … Continue reading

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