Fiduciary Obligations of Brokers-Dealers and Investment Advisers
... The duties imposed on brokers and advisers have been fiercely debated in Congress, at the U.S. Treasury Department, and at the SEC.11 The Dodd-Frank Wall Street Reform and Consumer Protection Act, signed by President Obama on July 21, 2010, requires the SEC to conduct a study to evaluate the standar ...
... The duties imposed on brokers and advisers have been fiercely debated in Congress, at the U.S. Treasury Department, and at the SEC.11 The Dodd-Frank Wall Street Reform and Consumer Protection Act, signed by President Obama on July 21, 2010, requires the SEC to conduct a study to evaluate the standar ...
Franchisors` Liablility When Franchisees are Apparent Agents: An
... The senior Vice President and General Counsel for the Howard Johnson Company actually concedes that franchise customers may "conclude that they are dealing not with an agent but with the principal since franchised locations are often indistinct from companyoperated locations." William Curcio, Living ...
... The senior Vice President and General Counsel for the Howard Johnson Company actually concedes that franchise customers may "conclude that they are dealing not with an agent but with the principal since franchised locations are often indistinct from companyoperated locations." William Curcio, Living ...
Rescission, Restitution, and the Principle of Fair Redress: A
... in diverse areas of U.S. commercial law and practice liberally granting rescission, so that the injured party can protect his or her reasonable expectations. Part III of my Article analyzes the parameters of restitution after rescission. First, I consider the election of remedies doctrine as between ...
... in diverse areas of U.S. commercial law and practice liberally granting rescission, so that the injured party can protect his or her reasonable expectations. Part III of my Article analyzes the parameters of restitution after rescission. First, I consider the election of remedies doctrine as between ...
A Perspective to Reconsider Partnership Law
... drafts were submitted to the Committee by Dean James Barr Ames of the Harvard Law School. On the death of Dean Ames, William Draper Lewis, of the University of Pennsylvania Law School, took up the work. Discussing the purposes of the final product, Professor Lewis stated that the merit of the Unifor ...
... drafts were submitted to the Committee by Dean James Barr Ames of the Harvard Law School. On the death of Dean Ames, William Draper Lewis, of the University of Pennsylvania Law School, took up the work. Discussing the purposes of the final product, Professor Lewis stated that the merit of the Unifor ...
PtV Project Report - Consumer Action Law Centre
... 2. Executive summary This report reviews the effectiveness of the consumer protection provisions of the Trade Practices Act 1974 (the Act), particularly in light of international developments since 1974. It does not cover industry or market-specific consumer protection laws, but only reviews develop ...
... 2. Executive summary This report reviews the effectiveness of the consumer protection provisions of the Trade Practices Act 1974 (the Act), particularly in light of international developments since 1974. It does not cover industry or market-specific consumer protection laws, but only reviews develop ...
An Overview of Wyoming Securities Law
... SECURITIES LAW (3d ed. 2001). Practitioners will find Professor Bloomenthal's multivolume treatise extremely useful. ...
... SECURITIES LAW (3d ed. 2001). Practitioners will find Professor Bloomenthal's multivolume treatise extremely useful. ...
a) The legislative branch
... The Conference of the States Parties to the United Nations Convention against Corruption was established pursuant to article 63 of the Convention to, inter alia, promote and review the implementation of the Convention. In accordance with article 63, paragraph 7, of the Convention, the Conference est ...
... The Conference of the States Parties to the United Nations Convention against Corruption was established pursuant to article 63 of the Convention to, inter alia, promote and review the implementation of the Convention. In accordance with article 63, paragraph 7, of the Convention, the Conference est ...
Consumer Law and Credit / Debt Law
... This manual contains limited references to case law (the collection of previous written legal decisions in a particular jurisdiction such as a province or a country; over time, case law develops and establishes principles that are used in understanding the law and deciding future cases). In many ins ...
... This manual contains limited references to case law (the collection of previous written legal decisions in a particular jurisdiction such as a province or a country; over time, case law develops and establishes principles that are used in understanding the law and deciding future cases). In many ins ...
ATSWA Study Pack - Business Law
... the examinations of the Accounting Technicians Scheme West Africa (ATSWA), put in place a Harmonisation Committee, to among other things, facilitate the production of Study Packs for student. Hitherto, the major obstacle faced by students was the dearth of study text which they needed to prepare for ...
... the examinations of the Accounting Technicians Scheme West Africa (ATSWA), put in place a Harmonisation Committee, to among other things, facilitate the production of Study Packs for student. Hitherto, the major obstacle faced by students was the dearth of study text which they needed to prepare for ...
Business Law Now!: Exercises - Open University of Tanzania
... principle. However, Lower courts remain bound by the decision of the higher court if they cannot distinguish the earlier case and if parliament does not change the law. 3. Courts are often reluctant to overturn a body of ‘established and accepted’ law, even where the law is regarded as being unsati ...
... principle. However, Lower courts remain bound by the decision of the higher court if they cannot distinguish the earlier case and if parliament does not change the law. 3. Courts are often reluctant to overturn a body of ‘established and accepted’ law, even where the law is regarded as being unsati ...
A review of Israel`s Capital market:
... recent report issued by the Bank of Israel found that companies affiliated to these business groups tended to be mature, exhibit lower growth, lower investment in R&D and a higher investment risk than unaffiliated companies. ...
... recent report issued by the Bank of Israel found that companies affiliated to these business groups tended to be mature, exhibit lower growth, lower investment in R&D and a higher investment risk than unaffiliated companies. ...
Word - corporate
... minimum condition) and all of Cynosure’s outstanding shares of Class A Common Stock, par value $0.001 per share (the “ Shares ”), at a purchase price of $66.00 per Share (the “ Offer Price ”), net to the seller in cash, without interest, subject to any required withholding of taxes. Under the Merger ...
... minimum condition) and all of Cynosure’s outstanding shares of Class A Common Stock, par value $0.001 per share (the “ Shares ”), at a purchase price of $66.00 per Share (the “ Offer Price ”), net to the seller in cash, without interest, subject to any required withholding of taxes. Under the Merger ...
Contract Theory and the Limits of Reason
... logical space governed by clear concepts with identifiable boundaries. The grid aesthetic conjures stability, logical coherency, and uniformity; within the grid, legal concepts themselves (contract, right, remedy, etc.) are operative—they can reach “all the way down,” as it were, and decide concrete ...
... logical space governed by clear concepts with identifiable boundaries. The grid aesthetic conjures stability, logical coherency, and uniformity; within the grid, legal concepts themselves (contract, right, remedy, etc.) are operative—they can reach “all the way down,” as it were, and decide concrete ...
Offer and Acceptance, and Some of the Resulting Legal Relations
... without consideration, consideration, especially in those cases where mutual promises have been given, but one of them is illusory: as where A offers a promise to carryall carry all the milk that B may care to ship, at fixed accepts the offer and promises to pay those rates for all rates, and B acce ...
... without consideration, consideration, especially in those cases where mutual promises have been given, but one of them is illusory: as where A offers a promise to carryall carry all the milk that B may care to ship, at fixed accepts the offer and promises to pay those rates for all rates, and B acce ...
A/5509 - Office of Legal Affairs
... determine the organs and procedures by which the will of a State to be bound by a treaty shall be formed and expressed; and that constitutional laws governing the formation and expression of a State's consent to a treaty have always to be taken into account in considering whether an international ac ...
... determine the organs and procedures by which the will of a State to be bound by a treaty shall be formed and expressed; and that constitutional laws governing the formation and expression of a State's consent to a treaty have always to be taken into account in considering whether an international ac ...
review of trust law in new zealand: introductory
... were scattered among a number of New Zealand statutes. The structure and wording of the Trustee Act 1956 are based closely on England’s 1925 Trustee Act. The Act has not been reviewed as a whole since its enactment more than 50 years ago. ...
... were scattered among a number of New Zealand statutes. The structure and wording of the Trustee Act 1956 are based closely on England’s 1925 Trustee Act. The Act has not been reviewed as a whole since its enactment more than 50 years ago. ...
CONFIDENTIALITY AGREEMENTS AND DUE DILIGENCE
... voluntary and conscious assumption or acceptance of the duties of a fiduciary.”11 A fiduciary has “a duty to act primarily for the benefit of another,” and “is in a position to have and exercise, and does have and exercise influence over another.”12 Parties engaged in due diligence generally do not ...
... voluntary and conscious assumption or acceptance of the duties of a fiduciary.”11 A fiduciary has “a duty to act primarily for the benefit of another,” and “is in a position to have and exercise, and does have and exercise influence over another.”12 Parties engaged in due diligence generally do not ...
Legal Implications of Network Economic Effects
... lies mandated governmental intervention, most particularly in the form of price regulation.12 The case for automatic price regulation in natural monopoly markets has weakened in recent years,13 but the analytical structure remains essentially the same. Classical theory approaches most increasing ret ...
... lies mandated governmental intervention, most particularly in the form of price regulation.12 The case for automatic price regulation in natural monopoly markets has weakened in recent years,13 but the analytical structure remains essentially the same. Classical theory approaches most increasing ret ...
hostile takeovers and defensive mechanisms in the united kingdom
... Kingdom has been a pioneer in adopting and promoting across Europe an absolute ban on takeover defenses. The public outrage provoked by the recent Kraft-Cadbury debacle has increased calls for stricter regulation of hostile takeovers. In light of the growing skepticism against the City Code’s lenie ...
... Kingdom has been a pioneer in adopting and promoting across Europe an absolute ban on takeover defenses. The public outrage provoked by the recent Kraft-Cadbury debacle has increased calls for stricter regulation of hostile takeovers. In light of the growing skepticism against the City Code’s lenie ...
a civilized nation: the early american constitution, the law of nations
... EPOCHS OF INTERNATIONAL LAW 75–82, 183–86 (recognition after Dutch Revolution), 343–48 (American Revolution), 497–502 (Latin American revolutions), 599–602 (Stimson Doctrine), 659–62 (United Nations recognition process) (Michael Byers trans., 2000); JULIUS GOEBEL, JR., THE EQUALITY OF STATES: A HIST ...
... EPOCHS OF INTERNATIONAL LAW 75–82, 183–86 (recognition after Dutch Revolution), 343–48 (American Revolution), 497–502 (Latin American revolutions), 599–602 (Stimson Doctrine), 659–62 (United Nations recognition process) (Michael Byers trans., 2000); JULIUS GOEBEL, JR., THE EQUALITY OF STATES: A HIST ...
State - Office of Legal Affairs
... be acts of the State generating responsibility, and not simply to determine whether responsibility was generated. 7. Thirdly, we must also point out that the greatest caution is called for before invoking in support of any theory "precedents" where the conduct of organs which have acted outside thei ...
... be acts of the State generating responsibility, and not simply to determine whether responsibility was generated. 7. Thirdly, we must also point out that the greatest caution is called for before invoking in support of any theory "precedents" where the conduct of organs which have acted outside thei ...
A Theory of Federal Common Law
... School faculty workshop and the Notre Dame Law School faculty colloquium for their comments on drafts of this Article. .* Associate, Jones Day, Chicago, Illinois. The views expressed here are solely those of the Authors, not those of Jones Day or its clients. I Erie R.R. Co. v. Tompkins, 304 U.S. 64 ...
... School faculty workshop and the Notre Dame Law School faculty colloquium for their comments on drafts of this Article. .* Associate, Jones Day, Chicago, Illinois. The views expressed here are solely those of the Authors, not those of Jones Day or its clients. I Erie R.R. Co. v. Tompkins, 304 U.S. 64 ...
consumer law 2009 update
... law to a full spectrum of consumer-oriented conduct, from the sale of ‘vanishing premium‘ life insurance policies ...to the provision of infertility services...We have repeatedly emphasized that (GBL § 349) and section 350, its companion ...’ apply to virtually all economic activity, and their appli ...
... law to a full spectrum of consumer-oriented conduct, from the sale of ‘vanishing premium‘ life insurance policies ...to the provision of infertility services...We have repeatedly emphasized that (GBL § 349) and section 350, its companion ...’ apply to virtually all economic activity, and their appli ...
Antitrust Governance: The New Wave of Antitrust
... from itself—which means that it has no strong friends either among free-marketers or interventionists. If we asked hypothetically: “What would happen if the antitrust laws were no longer enforced?” the response of our collocutor is likely to be rather muted.2 With other areas of regulation (such as ...
... from itself—which means that it has no strong friends either among free-marketers or interventionists. If we asked hypothetically: “What would happen if the antitrust laws were no longer enforced?” the response of our collocutor is likely to be rather muted.2 With other areas of regulation (such as ...