Category Archives: Business & Corporate Law

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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Kimon Korres, Bankrupting Bankruptcy: Circumventing Chapter 11 Protections Through Manipulation of the Business Justification Standard in § 363 Asset Sales, and a Refined Standard to Safeguard Against Abuse

63 Fla. L. Rev. 959 (2011)|  | | NOTE :: Of the twenty largest public company bankruptcy filings from 1980 to the present, seventeen have taken place since 2001, and ten of those seventeen were filed between March of 2007 and … Continue reading

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