The treatment of vertical intra-brand restraints is one of the most controversial issues of contemporary competition law and policy, and there are substantial differences between the world's two leading regimes in this regard. In the US, resale price fixing merits an effects-analysis, while in the EU it is prohibited almost outright. Likewise, territorial protection is treated laxly in the US, while in the EU absolute territorial protection - due to the single market imperative - is strictly prohibited.
Using a novel approach of legal analysis, this book will be of interest to academics and scholars of business and commercial law, international and comparative law.
It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge.
To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations?
While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world.
Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
From the Hardcover edition.
Side Effects tells the tale of a gutsy assistant attorney general who, along with an unlikely whistle-blower at an Ivy League university, uncovered evidence of deception behind one of the most successful drug campaigns in history. Paxil was the world's bestselling antidepressant in 2002. Pediatric prescriptions soared, even though there was no proof that the drug performed any better than sugar pills in treating children and adolescents, and the real risks the drugs posed were withheld from the public. The New York State Attorney General's office brought an unprecedented lawsuit against giant manufacturer GlaxoSmithKline, the maker of Paxil, for consumer fraud. The successful suit launched a tidal wave of protest that changed the way drugs are tested, sold, and marketed in this country.
With meticulous research, Alison Bass shows us the underbelly of the pharmaceutical industry. She lays bare the unhealthy ties between the medical establishment, big pharma, and the FDA—relationships that place vulnerable children and adults at risk every day.
The process of becoming a tax-exempt organization may appear intimidating, but with How to Form a Nonprofit Corporation, you can do it quickly, easily, and with confidence.
This bestselling book includes complete instructions for obtaining federal 501(c)(3) tax exemption and for qualifying for public charity status with the IRS. It will help you:
complete an IRS tax-exemption application
prepare articles of incorporation
write the bylaws of your nonprofit
create in minutes of the organizational meeting
understand your state’s specific nonprofit requirements
This edition is completely updated to reflect the latest changes in the law, and includes contact information for finding updated state-specific instructions. You'll also get information on new online services and options related to forming your nonprofit. Plus, all the forms you need are included in this complete guide.
If you run your own business as a sole proprietorship or partnership, you’ve probably heard of the advantages of limited liability companies—especially the way an LLC can protect personal assets from business debts. But LLCs aren’t the best structure for every business.
LLC expert Anthony Mancuso clearly explains how to decide whether an LLC is right for you. Learn:
the unique legal features of LLCs, including limited personal liability for owners who should—and who shouldn’t—form an LLC how to choose among an LLC, corporation, partnership, or other business form how LLCs are taxed how to manage multiple-owner LLCs, and why an LLC can be the right choice even for a debt-troubled business.
Practical, concise and easy to read, this edition of Nolo's Quick LLC provides the latest facts, figures and updated tax information you'll need to know about this structure for your small business
Meticulously researched and organized, this book takes the global view on corporate governance to provide insight into the corporate governance conundrum in Nigeria. Against the background of international standard, Author, Olusola A. Akinpelu proposes a number of reforms to the existing governance structure and delves into the history of corporate development from the 1960s through the present.
In addition, Akinpelu offers an in-depth analysis of the philosophical foundations for corporate governance and compiles the theories, models, statutes, reforms, international standards, guidelines, and legal cases on corporate governance in the United Kingdom, Germany, the United States of America, and elsewhere to show how no country is completely immune from corporate collapse.
A timely work, Corporate Governance Framework in Nigeria will interest students of business economics, business law, legal practitioners, and researchers in the field of corporate governance.
An excellently well written book on all important subject of socio-economic value and relevance.
- Guoleba Seri (Esq),
Chairman/CEO, Seri Associates, LLC, NY.
Founder and President/CEO, African Chambers of Commerce, United States.
This study will aid readers not only to understand different national and cultural perspectives of thorny communication issues, but also show that though freedom of expression is a pluralistic concept, the actions of all political regimes at the national, transnational, and international levels must be held up to the universal standards of freedom of expression set forth in the Universal Declaration of Human Rights. New Media, Old Regimes provides essential scholarship on comparative communication law and policy in a world of new media.
A limited liability company can give your small business both tax benefits and protection from personal liability for business debts. But without careful record keeping, regular meetings, and formal minutes, you could lose these advantages.
Your Limited Liability Company provides all the instructions and forms you need to maintain the legal validity of your LLC. Forms include:
• Call of Meeting
• Notice of Meeting
• Certification of Mailing of Notice
• Membership Voting Proxy
• Minutes of LLC Meeting
• Waiver of Notice of Meeting
• Approval of LLC Minutes
• Written Consents for Single-Member LLCs
You’ll also find more than 50 of the most commonly used legal resolutions to insert in your minutes or written consents. Use them to:
• declare distributions of LLC profits to members
• hire employees and contract with outside firms
• approve LLC contracts
• approve salary increases and bonuses
• authorize bank loans
• elect corporate tax treatment for your LLC, and
• amend the articles and operating agreement.
LLC articles of organization
Operating agreement for member-managed LLC
LLC management operating agreement
LLC reservation of name letter
Minutes of meeting form
Find all the instructions you need, including how to create an operating agreement that covers how profits and losses are divided and major business decisions are made. You’ll also learn how to choose a unique LLC name that meets state legal requirements, and how to take care of ongoing legal and tax paperwork.
This new edition of Form Your Own Limited Liability Company has been carefully revised and updated to reflect the latest federal regulations, as well as the most current laws of all 50 states. Plus, all the forms you need are included. Interactive forms are downloadable.
With contributions from leading scholars from around the world, the Handbook sets the context by examining the past, present and future of comparative law and economics before addressing this approach to specific issues within the fields of intellectual property, competition, contracts, torts, judicial behaviour, tax, property law, energy markets, regulation and environmental agreements.
This topical Handbook will be of great interest and value to scholars and postgraduate students of law and economics, looking for new directions in their research. It will also be a useful reference to policymakers and those working at an institutional level.
In light of these recent events, this book explores the evolving challenges and opportunities facing the more than 50-year old Turkey-EU relationship. This volume focuses particularly on the role of the Cyprus issue, the potential for closer Turkey-EU cooperation in the aftermath of the Arab Spring, the impact on Turkish citizens and politics, as well as the concept of Europeanization, especially in relation to Turkey’s democratic reform process. In drawing together perspectives from the disciplines of international relations, political science and law, this book offers a unique, interdisciplinary outlook towards the changing role of Europe in Turkey’s political discourse.
This book will be of interest to researchers and students of Turkey-EU relations, EU external relations Law, Europeanization and Turkish and Middle Eastern politics.
The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region.
Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions.
This book will be of great interest to scholars of company and comparative law, and business studies in general.
“The commentary elevates the text to something that will help students learn strong techniques and understand what examiners want.” Charles Barker, Senior Lecturer, University of Portsmouth
Law Express Question and Answer: Company Law is designed to help you get the most out of every answer you write by improving your understanding of what examiners are looking for, helping you to focus in on the question being asked and showing you how even a good answer can be improved.
The Key Facts series provides the simplest and most effective way for you to absorb and retain the essential facts needed to pass your exams effortlessly.
Key features include
*Diagrams at the start of chapters to summarise the key points
*Structured heading levels to allow for clear recall of the main facts
*Charts and tables to break down more complex information
New to these editions is an improved text design making the books easier read and the facts easier to retain.
Key Facts books are supported by the website www.UnlockingTheLaw.co.uk where you will find extensive revision materials including MCQs and Key Q&As.
How do corporations get away with their crimes? This reference examines both the successes and the failures of government and law enforcement policies concerning the punishment of corporate crime and explores leading contemporary proposals for controlling and deterring it. It is an essential information source for any citizen of corporate America.
Topics discussed include economic loss, psychiatric injury, wrongful birth, life and sterilisation cases, products liability, traffic accidents, accidents at work, environmental liability and compensation for personal injuries and death.
Every profitable business in the UK has to pay tax, but some small businesses pay more tax than is necessary. This book examines the tax liabilities that the owners or managers of small businesses need to bear in mind and explains how to manage these tax requirements in the best possible way so as to avoid paying more tax than you have to.
Uniquely, this guide traces how tax should be dealt with throughout the life-cycle of a business, from start-up to the time it is sold, wound up, or passed on, so that whatever stage your business is at this book will be valuable for you.
Areas that are covered include:
- What business structure you should choose when starting out: self-employed sole trader, partnership or limited company.
- How to register your business and when to start paying tax.
- When tax inspections might arise and how to deal with them.
- How to manage business expenses effectively and make use of relevant tax benefits.
- How to withdraw from a business and pass it on, or how to go about selling it.
Guidance about tax is spread over many different locations; on the internet, in booklets provided by HMRC, and in magazines and annual publications. Russell Cockburn brings the information together in this simple and incisive summary enabling you to approach your tax affairs as efficiently as possible.
- Data thieves can hijack your PC with easy-to-use hacking tools that even a 10-year old can master. After stealing your log-on passwords, they can drain your bank accounts.
- If someone has a grudge against you, he can learn whether you're "worth suing" with a few clicks of a mouse. Hundreds of Web sites offer asset-tracking services to find your real estate ownership records, bank account balances, and much more.
- Secret government data mining programs monitor your personal and financial activities 24 hours a day for "suspicious transactions." One oversight--becoming friends on Facebook with a suspected terrorist, withdrawing too much cash, unknowingly renting property to someone with a criminal background, etc.--and you could find yourself under arrest and your assets frozen.
Fortunately, you CAN fight back. You can secure your PC to make it virtually invulnerable to hackers. You can legally create international "lifeboats" of wealth and privacy that are practically invulnerable to snooping. You can understand what the government regards as suspicious ... and avoid raising your profile unnecessarily.
The Lifeboat Strategy (2011) shows you exactly what you need to do to counter today's threats to wealth and privacy. It documents today's unprecedented threats to wealth and privacy and reveals hundreds of completely legal strategies to deal with them: private investments, opportunities, and strategies inside--and outside--the United States. And, it's written in language you can understand and put to work to protect yourself and your family.
Special bonus report accompanying The Lifeboat Strategy (2011): How to Find Your Own Safe Haven Offshore. In this report, you you'll learn:
- The 11 countries best suited for wealth preservation
- Which countries offer the most to prospective immigrants?
- How to legally purchase a second passport-and why you might want to.
- In the current economic crisis, which "asset havens" will survive--or not?
As the U.S. dollar collapses and the world moves into fiscal chaos, planning your own "escape from America" has never been more important. And this free special bonus report shows you, step-by-step, how to proceed.
You already know social media can help you find customers, strengthen relationships, and build your reputation, but if you are not careful, it also can expose your company to expensive legal issues and regulatory scrutiny. This insightful, first-of-its-kind book provides business professionals with strategies for navigating the unique legal risks arising from social, mobile, and online media. Distilling his knowledge into a 100% practical guide specifically for non-lawyers, author and seasoned business attorney, Robert McHale, steps out of the courtroom to review today’s U.S. laws related to social media and alert businesses to the common (and sometimes hidden) pitfalls to avoid. Best of all, McHale offers practical, actionable solutions, preventative measures, and valuable tips on shielding your business from social media legal exposures associated with employment screening, promotions, endorsements, user-generated content, trademarks, copyrights, privacy, security, defamation, and more...
You’ll Learn How To
• Craft legally compliant social media promotions, contests, sweepstakes, and advertising campaigns
• Write effective social media policies and implement best practices for governance
• Ensure the security of sensitive company and customer information
• Properly monitor and regulate the way your employees use social media
• Avoid high-profile social media mishaps that can instantly damage reputation, brand equity, and goodwill, and create massive potential liability
• Avoid unintentional employment and labor law violations in the use of social media in pre-employment screening
• Manage legal issues associated with game-based marketing, “virtual currencies,” and hyper-targeting
• Manage the legal risks of user-generated content (UGC)
• Protect your trademarks online, and overcome brandjacking and cybersquatting
• Understand the e-discovery implications of social media in lawsuits
-Nancy Rapoport, University of Houston Law Center
"Eat What You Kill is gripping and well written. . . . It weaves in academic commentary and understanding of professional ethics issues in a way that makes it accessible to everyone."
-Frank Partnoy, University of San Diego Law School
He had it all, and then he lost it. But why did he do it, risking everything-wealth, success, livelihood, freedom, and the security of family?
Eat What You Kill is the story of John Gellene, a rising star and bankruptcy partner at one of Wall Street's most venerable law firms. But when Gellene became entangled in a web of conflicting corporate and legal interests involving one of his clients, he was eventually charged with making false statements, indicted, found guilty of a federal crime, and sentenced to prison.
Milton C. Regan Jr. uses Gellene's case to prove that such conflicting interests are now disturbingly commonplace in the world of American corporate finance. Combining a journalist's eye with sharp psychological insight, Regan spins Gellene's story into a gripping drama of fundamental tensions in modern-day corporate practice and describes in perfect miniature the inexorable confluence of the interests of American corporations and their legal counselors.
This confluence may seem natural enough, but because these law firms serve many masters-corporations, venture capitalists, shareholder groups-it has paradoxically led to deep, pervasive conflicts of interest. Eat What You Kill gives us the story of a man trapped in this labyrinth, and reveals the individual and systemic factors that contributed to Gellene's demise.
Contributors include Granville Austin, Robert D. Baird, Srimati Basu, Kevin Brown, Paul Courtright, Rajeev Dhavan, Marc Galanter, Namita Goswami, Laura Dudley Jenkins, Jayanth Krishnan, Gerald James Larson, John H. Mansfield, Ruma Pal, Kunal M. Parker, William D. Popkin, Lloyd I. Rudolph, Susanne Hoeber Rudolph, Sylvia Vatuk, and Arvind Verma.
In this timely work, William S. Laufer argues that even with recent legal reforms, corporate criminal law continues to be ineffective. As evidence, Laufer considers the failure of courts and legislatures to fashion liability rules that fairly attribute blame for organizations. He analyzes the games that corporations play to deflect criminal responsibility. And he also demonstrates how the exchange of cooperation for prosecutorial leniency and amnesty belies true law enforcement. But none of these factors, according to Laufer, trumps the fact that there is no single constituency or interest group that strongly and consistently advocates the importance and priority of corporate criminal liability. In the absence of a new standard of corporate liability, the power of regulators to keep corporate abuses in check will remain insufficient.
A necessary corrective to our current climate of graft and greed, Corporate Bodies and Guilty Minds will be essential to policymakers and legal minds alike. “[This] timely work offers a dispassionate analysis of problems relating to corporate crime.”—Harvard Law Review