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Delaware’s Closed Door Arbitration: What the Future Holds for Large Business Disputes and How It Will Affect M&A Deals | Panelists: Chief Justice Myron T. Steele of the Delaware Supreme Court, et al.

Delaware’s Closed Door Arbitration: What the Future Holds for Large Business Disputes and How It Will Affect M&A Deals | Panelists: Chief Justice Myron T. Steele of the Delaware Supreme Court, et al.

Professor Stipanowich: Today Professor Anderson and I are honored to participate in a discussion with our Distinguished Visiting Jurist, Chief Justice Myron T. Steele of the Supreme Court of Delaware, and a panel of individuals who have extensive experience representing leading corporations in litigation in the Delaware courts. We are here to discuss the Delaware Open Door Arbitration Program, an experiment that attempts to marry the expertise of Delaware’s famous Court of Chancery with the…
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In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program | Author: Thomas J. Stipanowich

In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program | Author: Thomas J. Stipanowich

Recently, a minor tempest has been raging over the Delaware Arbitration Program, which attempts to marry one of America’s premier business courts to the fundamentally more private consensual adjudicative alternative, binding arbitration. At a time when commercial parties face potentially long delays in underfunded courts, but harbor mixed views about arbitration, Delaware’s unique concoction ostensibly offers a veritable trifecta of procedural advantages. These include: (1) a first-rate adjudicator practiced at applying the law to complex…
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The End of the Imitation Age?: The Effect of Apple Inc. v. Samsung | Author: Melissa Barcena

The End of the Imitation Age?: The Effect of Apple Inc. v. Samsung | Author: Melissa Barcena

In 2012 Apple, Inc. (Apple) won its patent and trademark infringement claim against Samsung Electronics Company (Samsung). One has to wonder what effect this decision has upon the consumer. Historically, scholars and experts have viewed antitrust laws and intellectual property laws as contradictory. That is, intellectual property laws seek to provide creators exclusive control of certain technology, while at the same time antitrust laws seek to prevent one person or corporation from having monopoly power.…
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CEO & Employee Pay Discrepancy: How the Government’s Policies Have Encouraged the Gap | Author: David R. Meals

CEO & Employee Pay Discrepancy: How the Government’s Policies Have Encouraged the Gap | Author: David R. Meals

In the United States, one of the most striking illustrations of the increased inequality of income distribution over recent decades is the outsized growth in CEO compensation in contrast to the compensation of the contemporaneous average working man or women. The ratio of CEO pay to factory worker pay rose from 42-to-1 in 1960, to a height of 531-to-1 in 2000 at the height of the stock market bubble, and it was at 411-to-1 in…
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LIBOR: Everything You Ever Wanted to Know But Were Afraid to Ask | Authors: Michael R. Koblenz,  Kenneth M. Labbate, and Carrie C. Turner

LIBOR: Everything You Ever Wanted to Know But Were Afraid to Ask | Authors: Michael R. Koblenz, Kenneth M. Labbate, and Carrie C. Turner

Since the LIBOR rigging scandal broke into the public consciousness in mid- 2012, every day’s news seems to bring with it reports of new litigation and regulatory actions. The effects of the debacle will likely play out in courts around the world for years. The goal of this article is to present the reader with a general overview of the LIBOR: its genesis and development, how and why London bankers manipulated the LIBOR, the liability…
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No Power to be Disloyal (or, How Not to Write a Loyalty Opinion) | Author: Val Ricks

No Power to be Disloyal (or, How Not to Write a Loyalty Opinion) | Author: Val Ricks

Sometimes, courts find that a manager or director of a business entity was disloyal.1 The fiduciary duty of loyalty is a lofty standard. A defendant does not have to stray far to offend “the punctilio of an honor the most sensitive.” Under such a standard, exonerating a defendant may be difficult, even when it is the right thing to do. A defendant who is not pure as the driven snow may still not deserve liability.…
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Drastic Times Call For Drastic Risk Measures: Why Value-at-risk Is (Still) a Flawed Preventative of Financial Crises and What Regulators Can Do About It | Author: Andrew L. McElroy

Drastic Times Call For Drastic Risk Measures: Why Value-at-risk Is (Still) a Flawed Preventative of Financial Crises and What Regulators Can Do About It | Author: Andrew L. McElroy

Bank regulators recently proposed the most fundamental reforms to U.S. banking law in decades, yet the value-at-risk statistic—replete with known deficiencies—remains the basis of the capital adequacy requirement. Consequently, there exists an unresolved tension in the law: the purpose of the banking rules is to require riskier financial institutions to hold additional capital, yet the value-at-risk statistic used to make this assessment induces a perverse incentive to hold the riskiest securities. Overlaid on this framework…
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Lessons from AT&T’s Flop: How to Grow in the Technology Industry While Avoiding Section 7 Antitrust Obstacles | Author: John Soma

Lessons from AT&T’s Flop: How to Grow in the Technology Industry While Avoiding Section 7 Antitrust Obstacles | Author: John Soma

In March of 2011, AT&T announced that it would buy T-Mobile USA. In August of that year, the Department of Justice (“DOJ”) filed a suit to stop the purchase. After four months of obstacles and setbacks, AT&T announced that it was withdrawing its bid. The DOJ had won this time. The DOJ does not, however, always succeed when challenging high profile mergers. In 2003, Oracle initiated its tender offer for PeopleSoft, and the DOJ filed…
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Conception to Distribution: Vertical Integration in the Television Production and ISP Industry | Author: Megan Sieffert

Conception to Distribution: Vertical Integration in the Television Production and ISP Industry | Author: Megan Sieffert

The intersecting regulations of agencies, stemming from the duties of the FCC, the FTC, and the DOJ to protect competition and television consumers, have been innovative in permitting two goals, first, allowing companies to pursue these integrations and, second, placing conditions on integrations to prevent potential harms that could come from developing media giants. As the market continues to consolidate, with companies having more access to the ability to distribute through alternative middlemen, and as…
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Following an International Copyright Regime at a Large National Cost: Is It Worth It? | Author: Vaishali Khatri

Following an International Copyright Regime at a Large National Cost: Is It Worth It? | Author: Vaishali Khatri

The main question at issue is which view of copyright law the United States should adhere to. Founders of American copyright law based our Constitution on utilitarian principles that promote the spread of knowledge and information to the general public. It has always been held that innovation and creativity were of core importance in an efficiently functioning democracy. With the passing of Section 514, the United States digressed from its national roots in order to…
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