As Argentina Faces Another Default, Kitchenware a Last Resort

by Jack Zeller November 26 2012, 11:30
Earlier this month, hundreds of thousands of disgruntled Argentines flooded the streets of Buenos Aires to protest the embattled presidency of Cristina Fernandez de Kirchner (CFK). [i]. The anti-government demonstrations, dubbed “the Protest of 8N,” were held across the country on November 8th and are estimated to be the country’s largest in a decade.[ii]. With CFK's approval ratings falling from 64 percent in October 2011 to only 34 percent today, this month's protests reflect the urgency – and popularity – that now characterizes the opposition movement. [iii]. But with the country’s ears still ringing from 8N's boisterous cacerolazo (a demonstration technique used in Argentina that involves the banging of pots and pans), we may pause to consider the question – why is Argentina missing out on Latin American growth? [More]

Fiduciary Duties: Legal Obligations or Investors’ Imaginary Friends?

by Marvis Barnes November 19 2012, 19:59
Founded in 1983, Ancestory.com is the world’s largest family history website that provides access to more than ten billion records and thirty eight million family trees.[i] Recently, the London based private equity firm Permira Advisers LLP agreed to purchase the company at a valuation of $32 a share.[ii] The $32 amount represents a premium of 10% based on the company’s price at the time the deal was announced. [iii] However, many shareholders are unsatisfied and upset.[iv] In fact, many shareholders have filed suit against the company.[v] Principally, these suits allege that the Board of Directors of Ancestry.com breached their fiduciary duties to stockholders by failing to obtain a higher price by adequately shopping the company and that the decision to consummate the sale was not in the best interest of shareholders, rather that of the Board of Directors.[vi]
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Alternative Dispute Resolution: An Exercise in Interpretation or a Legitimate Discussion of the Merits?

by Jasmine Reed November 8 2012, 21:23
As a way to efficiently resolve cases without drawing on judicial resources, courts are starting to provide litigants with the opportunity to engage in alternative dispute resolution. [More]

Take Your Business Elsewhere: Why the Federal Corporate Income Tax is Destroying our Economy

by Alexander Brendon Gura November 7 2012, 21:48
The national debt of the United States now exceeds $16 trillion. Current estimates suggest that the present year’s deficit will amount to approximately $1.1 trillion, a negligible improvement upon 2011’s $1.3 trillion deficit. The present unemployment rate is one of the highest of the past sixty years, with approximately eight percent of Americans unable to find work. Unless significant changes are made in both federal income and expenditure, the economic livelihood of future generations is bleak. [More]

Election 2012 - Business Leaders and The Social Contract Referendum

by Jack Zeller November 2 2012, 15:19
Next week’s presidential election is not a simple referendum on Barack Obama’s first term in office, nor is it another routine debate over the appropriate size and role of the federal government. The contest between Barack Obama and Mitt Romney is a referendum on the American social contract as we know it. This November, the electorate will answer a meaningful question – to what extent do our country’s most successful captains of business and industry have a contributive, financial duty to the maintenance of the American economy?
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Welfare, Innovation and Growth: The Patent Paradox

by Morgan Churma November 2 2012, 08:27
Increasing intellectual property rights (IPR) poses a risk to both consumers and economic growth. The United States scored 4.9 out of 5 in 2005, up from 3.8 in 1975, according to the Park index for evaluating the strength of patent protection.[1] This trend has continued to gain strength, as evidenced by the over one billion dollars awarded to Apple for its infringement case against Samsung. Economic considerations dominate the arguments favoring this trend towards strong IPR, namely the “incentive to invent” theory. This rationale, however, falls short in its justification for continuing to strengthen IPR. [More]

Bluebird: Walmart Wants To Be Your “Every Day Low Price” Bank.

by Matt Diamond October 29 2012, 17:36
Frustrated with your bank’s surprise fees and minute interest rates? Shop at Walmart? You may find a solution to your woes in an unusual but convenient location: on the “Every Day Low Price” stores’ shelves. [More]

Let Organizational Sentencing Get Creative

by John Byers October 28 2012, 16:56
Earlier this month a United Kingdom court took their turn on stage in the world-wide Apple v. Samsung dispute over copyright infringement. The court upheld a July ruling which took a slap at Apple. This slap did not consist of incarceration or a monetary fine, but instead brought Apple a taste of public shame. [More]

Say-On-Pay: The First Results Are In

by Jack Melamed October 22 2012, 23:00
Pursuant to enacted legislation, shareholders of publicly owned companies are entitled to hold a non-binding vote on executive compensation packages (say-on-pay). With the 2011 say-on-pay votes complete and a substantial portion of the 2012 say-on-pay votes well underway, analysis of all the available data is beginning to give say-on-pay supporters reason to celebrate. [More]

Non-Lawyers Owning Law Firms

by Steven Benathen October 21 2012, 19:47
Associate classes are smaller. Partners are leaving firms. Equity partnerships are off the table for promoted associates. Mid-size firms only want laterals. Law firm hiring is not looking great these days. As the recession wages on law firms, and clients for that matter, are tightening up. Firms don’t have the work available to hire new associates. For the associates there, firms can’t afford to provide partnership, let alone equity partnership. Perhaps part of the problem is the model by which law firms have operated. Unlike most other businesses (and the practice of law for-profit is as much a business as anything else), law firms are not open for outside ownership and investment. Rather firms’ own principals are their owners. With dwindling work, it stands to reason new equity partners might not see returns on their initial investments, hence limitations on equity partnerships. Outside of America, other countries like England and Australia are embracing the idea and allowing for outside investment. However, stateside, the idea is firmly opposed.
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