JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW
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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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Facebook is Not Your Friend: Protecting a Private Employee’s Expectation of Privacy in Social Networking Content in the Twenty-First Century Workplace | Author: Cara Magatelli

Facebook is Not Your Friend: Protecting a Private Employee’s Expectation of Privacy in Social Networking Content in the Twenty-First Century Workplace | Author: Cara Magatelli

This Comment explores the implications SNS postings have on private employers concerning the off-duty, non-work related conduct of their employees. This argument recognizes that an employee is entitled to engage in whatever legal off-duty conduct he chooses, so long as the behavior does not damage his employer’s legitimate business interests. An employer should not be able to use information gleaned from an employee’s SNS postings, unrelated to an employer’s business interests, to punish an employee…
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Intellectual Property, the Free Movement of Goods and Trade Restraint in the European Union | Author: Jared Tudor

Intellectual Property, the Free Movement of Goods and Trade Restraint in the European Union | Author: Jared Tudor

The European Union (“EU”) is the most significant trade partner of the United States. Trading in goods protected by intellectual property rights remains a challenge for American business entities as they are forced to sift through a myriad of law consisting of the federal intellectual property law of the EU and the intellectual property law of the member states. The European Court of Justice (“ECJ” or “the Court”) has been faced with dozens of complex…
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Modifying RAND Commitments to Better Price Patents in the Standards Setting Context | Author: Kyle Rozema

Modifying RAND Commitments to Better Price Patents in the Standards Setting Context | Author: Kyle Rozema

This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an…
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Unfinished Business: Dodd-Frank’s Whistleblower Anti-Retaliation Protections Fall Short for Private Companies and Their Employees | Author: Chelsea Hunt Overhuls

Unfinished Business: Dodd-Frank’s Whistleblower Anti-Retaliation Protections Fall Short for Private Companies and Their Employees | Author: Chelsea Hunt Overhuls

The Sarbanes-Oxley Act of 2002 (“SOX”) revolutionized the world of securities law whistleblowing. It encouraged employees to reveal corporate fraud by providing federal anti-retaliation protection to incentivize such reports. Securities law whistleblowing was transformed a second time in 2010 when Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Under Dodd-Frank, employees that report information to the Securities and Exchange Commission (“SEC”) are not only provided federal anti- retaliation protections but also…
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