JOURNAL OF BUSINESS ENTREPRENEURSHIP & THE LAW

Secret Arbitration or Civil Litigation?: An Analysis of the Delaware Arbitration Program | Author: Jores Kharatian

The State of Delaware has long been known to be the home to many large corporations both private and public. Justice Steele, Chief Justice of the Delaware Supreme Court, has reiterated the prominent reason why many corporations choose Delaware as the state of their incorporation is the presence of highly knowledgeable judges within the business law realm, as well as the predictability of its judicial system.1 Therefore, it is no surprise that 51% of all public companies and 61% of Fortune 500 companies are incorporated in Delaware.2 Nonetheless, the predictability of Delaware’s judicial system may slowly be on the path to its demise…

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More In Volume 6 - Issues 1 & 2

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…
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…
The Delaware Arbitration Experiment: Not Just a “Secret Court” | Author: Jessica Tyndall

Delaware has long been at the “cutting-edge” in resolving commercial disputes and providing contemporary statutory…
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…
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…
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…
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…
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…
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…