Company, commercial and competition law: general Books

Book SynopsisThe essential purpose of parliamentary rules for a business meeting is quite simply to provide a framework of established procedures for the orderly and fair conduct of the meeting's business. All too frequently, however, traditional parliamentary rules can lead to confusion, disagreement, and disruption when, in debate on a particularly troublesome issue, it is discovered that the chair of the meeting is not completely familiar with what can be complex and convoluted procedures. This is not surprising since traditional rules were tailored to formally structured parliamentary debate. The Modern Rules of Order aims to provide a more modern and simplified procedure that promotes efficiency, decorum, and fairness in a form that can be easily mastered and later referred to with ease. They are designed for application to a business meeting, whether the business is that of a major corporation or a small non-profit association.

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Book SynopsisTo help lawyers gain a practical, working knowledge of financial concepts, terminology, and documents, this new edition provides the know-how to translate a client's financial goals into practical legal solutions. Whether handling the sale of a company, negotiating a loan agreement, preparing disclosure documents, or handling securities cases, this book discusses the advantages and disadvantages of various methods, explains which valuation techniques are suitable for specific situations, and weighs the risks and rewards of creating value by acquisition. This comprehensive resource provides detailed guidance on how to analyze the income statement, balance sheet, and cash flow statement. With added chapters and updates to stay current with the ever-changing and complex rules, this guide will help you: Understand the content and purpose of financial statements and the rules by which they are prepared Identify and avert securities fraud by knowing how to analyze revenues Learn the warning signs in gross margins, operating margins, and net margins Recognize the degree of liquidity or illiquidity the balance sheet indicates Assess a company’s financial leverage Learn how to monitor a company’s operating, investing, and financing activities Identify whether a company is an absorber or generator of cash Explore the M&A process And much more! A detailed index and glossary of common terms and abbreviations and terms are also included.

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Book SynopsisThe Fifth Edition of Principles of International Business Transactions provides a more comprehensive examination of the law relevant to the subject matter and detailed citations to caselaw and other supporting authorities. It can be used by courts and legal practitioners as a resource for research and analysis, as well as by students and professors as a supplement for any international business law course. It tracks the authors' popular problem-oriented coursebook, International Business Transactions. Coverage moves sequentially from structuring international sales transactions to international sales law and letters of credit to regulation of international trade to transfers of technology to foreign investment to international business dispute settlement.

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Book SynopsisThis statutory supplement focuses on closely held businesses, including agency, general partnerships, close corporations, limited partnerships, limited liability partnerships, limited liability companies, and other hybrid entities.

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Book SynopsisShaping markets through competition and economic regulation is at the heart of addressing the development challenges facing countries in southern Africa. The contributors to Competition Law and Economic Regulation: Addressing Market Power in southern Africa critically assess the efficacy of the competition and economic regulation frameworks, including the impact of a number of the regional competition authorities in a range of sectors throughout southern Africa. Featuring academics as well as practitioners in the field, the book addresses issues common to southern African countries, where markets are small and concentrated, with particularly high barriers to entry, and where the resources to enforce legislation against anti-competitive conduct are limited. What is needed, the contributors argue, is an understanding of competition and regional integration as part of an inclusive growth agenda for Africa.By examining competition and regulation in a single framework, and viewing this within the southern African experience, this volume adds new perspectives to the global competition literature. It is an essential reference tool and will be of great interest to policymakers and regulators, as well as the rapidly growing ecosystem of legal practitioners and economists engaged in the field.Trade ReviewI enthusiastically recommend this book to scholars and practitioners. It reflects a good deal of original empirical work and it makes a great contribution in an undeveloped space."" — Eleanor Fox, Walter Derenberg Professor of Trade Regulation, New York University School of Law""This is a timely and important addition to the competition literature and makes a significant contribution to the development of competition policy in the southern African region and beyond."" — PJ Sutherland, Professor, Law Faculty, Mercantile Law Department, University of StellenboschTable of ContentsAcknowledgementsList of tables, figures and boxesAcronyms and abbreviationsIntroductionThe development of competition and regulation in southern Africa — Jonathan Klaaren, Simon Roberts and Imraan ValodiaCartel Law EnforcementChapter 1 Penalties and settlements for South African cartels: An economic review — Tapera Muzata, Simon Roberts and Thando VilakaziChapter 2 Cartel likelihood, duration and deterrence in South Africa — Ratshidaho MaphwanyaChapter 3 Cartel enforcement in the southern African neighbourhood — Thula KairaIssues in Competition and RegulationChapter 4 Excessive pricing under the spotlight: What is a competitive price? — Reena das Nair and Pamela MondliwaChapter 5 Competition and regulation interface in energy, telecommunications and transport in South Africa — Reena das Nair and Simon RobertsCompetition and Regulation in Reshaping African MarketsChapter 6 How multinational investments in grain trading are reshaping Zambia’s market — Nicholas J. Sitko and Brian ChisangaChapter 7 Competition and incumbency in South Africa’s liquid fuel value chain — Anthea Paelo, Genna Robb and Thando VilakaziChapter 8 South Africa’s renewable energy experience: Inclusive growth lessons — Gaylor Montmasson-Clair and Reena das NairChapter 9 Competition and regulation in Zimbabwe’s emerging mobile payments markets — Genna Robb, Isaac Tausha and Thando VilakaziChapter 10 Evaluating the competitiveness of Zimbabwe’s poultry industry — Tatenda ZengeniConclusionChapter 11 Competition, regional integration and inclusive growth in Africa: A research agenda — Simon Roberts, Thando Vilakazi and Witness SimbanegaviContributor biographiesIndex

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Book SynopsisThis is an important and timely book which makes a really valuable contribution to corporate law scholarship. It brings together for the first time, two crucial aspects of the law in its consideration of the application of corporate governance to firms facing insolvency. In the current environment, this is a book which academics and practitioners alike will find invaluable. Professor Milman is one of Europe's foremost experts in insolvency law and his mastery of the subject is evident in this clear exposition of an important topic. I particularly liked the manner in which Professor Milman fuses theory, law and practice giving the reader the benefit of his own expert insight and experience. His style of writing makes it accessible to all readers.'- Blanaid Clarke, Trinity College Dublin, Ireland'Anglo-American corporate law scholarship focuses obsessively on the governance of large, public corporations. It has little to say about the governance of financially distressed firms and less still to say about the governance of small businesses, even though SMEs are the bedrock of any functioning national or regional economy. In the Governance of Distressed Firms, David Milman, one of the UK's leading and most influential commercial law scholars, redresses the balance. His original and timely book provides a critique of the current legal framework applicable to directors and insolvency practitioners together with a blueprint for reform. Informed by practical and comparative insights, it deserves to be widely read.'- Adrian J. Walters IIT Chicago-Kent College of Law, US'This is a bold and exciting monograph, which breaks new ground in exploring the concept of corporate governance as applied to and within insolvent firms, concentrating mainly on small firms. Intellectually acute, with deep comparative insights, Governance of Distressed Firms also has indisputable practical value, especially given the huge growth in the commitment, by dozens of countries, to business rescue and reorganization. Scholars and practitioners alike will be very indebted to David Milman for this volume.'- Harry Rajak, University of Sussex, UKThis detailed book examines how the law can provide a discrete governance regime for financially distressed firms.The concept of a distressed firm covers businesses that are struggling, but have not yet entered formal insolvency, as well as those businesses that are undergoing a formal insolvency process. With reference primarily to English law, this study encompasses both limited liability companies and limited liability partnerships with a focus on the regulation both of company directors and insolvency practitioners. It offers recommendations for improvements in governance mechanisms and notes that many of the governance shortfalls that occur can be related to the ease of access given to those who wish to trade with the benefit of limited liability.Providing an up to date analysis in a fast evolving area of law, this book will appeal to academics, postgraduate students, practitioners and policy makers.Contents: Preface 1. Introduction to Concepts and Dramatis Personae 2. The Relevance of Corporate Governance Theory and Related Issues 3. Governance in the Twilight Zone 4. Governance Post Formal Insolvency Regime Commencement 5. Comparative and EU Perspectives on the Governance of Distressed Firms 6. Reflections and Reform Bibliography Appendix I: Applicability of Selected Statutory Stewardship Obligations and Enforcement Thereof Appendix II: List of Selected Statements of Insolvency Practice IndexTrade Review‘The corporate governance of companies in financial difficulty is an issue of great importance for the satisfaction in insovlency of the conflicting interests of the various stakeholders. It also raises significant public interest concerns. With analytical skill commensurate with his reputation as a leading corporate law scholar, David Milman has provided a masterly study of this very complex topic that often seems shrouded in mystery to all those outside a narrow circle of insolvency experts. Milman’s book is comprehensive, sheds light in many complex and challenging aspects of distressed company governance, and provides a set of insightful proposals for reform of requisite UK law and practice. Clarity of analysis coupled with originality of approach means that this book will be a major addition to corporate law scholarship.’ -- Emilios Avgouleas, The University of Edinburgh, UK‘This is an important and timely book which makes a really valuable contribution to corporate law scholarship. It brings together for the first time, two crucial aspects of the law in its consideration of the application of corporate governance to firms facing insolvency. In the current environment, this is a book which academics and practitioners alike will find invaluable. Professor Milman is one of Europe’s foremost experts in insolvency law and his mastery of the subject is evident in this clear exposition of an important topic. I particularly liked the manner in which Professor Milman fuses theory, law and practice giving the reader the benefit of his own expert insight and experience. His style of writing makes it accessible to all readers.’ -- Blanaid Clarke, Trinity College Dublin, Ireland‘Anglo-American corporate law scholarship focuses obsessively on the governance of large, public corporations. It has little to say about the governance of financially distressed firms and less still to say about the governance of small businesses, even though SMEs are the bedrock of any functioning national or regional economy. In the Governance of Distressed Firms, David Milman, one of the UK’s leading and most influential commercial law scholars, redresses the balance. His original and timely book provides a critique of the current legal framework applicable to directors and insolvency practitioners together with a blueprint for reform. Informed by practical and comparative insights, it deserves to be widely read.’ -- Adrian J. Walters IIT Chicago-Kent College of Law, US‘This is a bold and exciting monograph, which breaks new ground in exploring the concept of corporate governance as applied to and within insolvent firms, concentrating mainly on small firms. Intellectually acute, with deep comparative insights, Governance of Distressed Firms also has indisputable practical value, especially given the huge growth in the commitment, by dozens of countries, to business rescue and reorganization. Scholars and practitioners alike will be very indebted to David Milman for this volume.’ -- Harry Rajak, University of Sussex, UKTable of ContentsContents: Preface 1. Introduction to Concepts and Dramatis Personae 2. The Relevance of Corporate Governance Theory and Related Issues 3. Governance in the Twilight Zone 4. Governance Post Formal Insolvency Regime Commencement 5. Comparative and EU Perspectives on the Governance of Distressed Firms 6. Reflections and Reform Bibliography Appendix I: Applicability of Selected Statutory Stewardship Obligations and Enforcement Thereof Appendix II: List of Selected Statements of Insolvency Practice Index

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Book SynopsisThis exciting new book embarks on a comparative analysis of competition law and policy in Japan and the EU. It provides a clear and carefully researched exposition of the differences between the relevant rules, systems and underlying ideas of the two jurisdictions, together with the relevant historical backgrounds. The author chooses to discuss the main areas of competition law in these jurisdictions, with particular focus placed on the gaps between the written law and practice, including analysis of thecurrent debates that suggest future directions in competition and policy will aim towards harmonization of both systems. Competition Law and Policy in Japan and EU will strongly appeal to academics, researchers, public enforcers, practitioners, in-house counsel and students.Table of ContentsContents: Preface 1. Introduction 2. Historical Background 3. Legal Structure and Enforcement 4. Cartels and Bid Rigging 5. Vertical Restraints 6. Abuse of Dominance 7. Merger Control 8. Procedure 9. Fining Policy 10. IP and Competition 11. Private Enforcement 12. International Aspects of Competition Law Enforcement 13. Conclusion Bibliography Index

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Book SynopsisBusiness Innovation and the Law analyzes the topical issue of protecting and promoting business research and development. It does so by examining business innovation through the lens of different legal disciplines - intellectual property, labor and employment laws, competition and corporate laws.Evaluating the impact of each of these areas using discipline-specific and industry perspectives, the book also explores questions about whether a more harmonized approach is necessary to provide appropriate protection. Approaches of the common law and civil jurisdictions, particularly the European Union, inform and provide guidance to the analysis of emerging issues in this field. This book provides insights into various approaches taken by both common law and civil law jurisdictions regarding the increasingly blurred line of ownership rights in innovative industries. It traverses various disciplines of law as well as jurisdictions.Using interdisciplinary perspectives to business innovation and inter-jurisdictional comparisons and analysis, this book will appeal to university administrators responsible for intellectual property policy, managers of technology transfer offices in universities, intellectual property lawyers, labor and employment lawyers and competition lawyers.Contributors: R. Bales, N. Byrne, S. Deakin, R. Del Punta, R.C. Dreyfuss, C.T. Driscoll, J. Duns, R. Finkelstein, P. Finn, A. Firth, C.L. Fisk, M. Freedland, R. Greaves, C.M. Hayes, J. Hull, M.-C. Janssens, J.P. Kesan, D. Livingston, A. Mina, C. Molnar, A.L. Monotti, J. Pila, M. Pittard, J. PrasslTable of ContentsContents: Preface PART I: BUSINESS INNOVATION: INTRODUCING THE PERSPECTIVES 1. Perspectives and Themes John Duns, Ann L. Monotti and Marilyn Pittard 2. Failed Collaborations: The Misappropriation of Business Opportunities, Ideas and Advantages by Prospective Co-venturers, Financiers and Brokers Paul Finn PART II: INVENTIONS AND DISCOVERIES IN BUSINESS: INTELLECTUAL PROPERTY PERSPECTIVES 3. Innovation through the Lens of Intellectual Property Law: Rights in Employee Inventions Ann L. Monotti 4. Double or Nothing: Technology Transfer under the Bayh-Dole Act Rochelle Cooper Dreyfuss 5. Establishing Clear Rights in Academic Employee Inventions: Lessons Learnt from University of Western Australia v Gray Ann L. Monotti 6. Professional and Academic Employee Inventions: Looking Beyond the UK Paradigm Justine Pila 7. EU Perspectives on Employees’ Inventions Marie-Christine Janssens PART III: THE EMPLOYMENT AND LABOUR LAW PERSPECTIVE ON PROTECTING BUSINESS RESEARCH AND DEVELOPMENT 8. Innovation through the Lens of Labour and Employment Law Marilyn Pittard 9. Resolving Invention Ownership Disputes: Limitations of the Contract of Employment Mark Freedland and Jeremias Prassl 10. The Innovative Worker: Genius, Accidental Inventor or Thief? Marilyn Pittard 11. Employees’ Inventions and the Employment Contract: A European Union Perspective Riccardo Del Punta 12. US Employment Law Perspectives on the Issue of Who Owns an Employee’s Invention Richard Bales 13. Taking the Long View on Competition and the Mobile Employee: Lessons from the United States History of Efforts to Regulate Employee Innovation and the Mobility of Workplace Knowledge Catherine L. Fisk PART IV: THE COMPETITION LAW PERSPECTIVE ON PROTECTING BUSINESS RESEARCH AND DEVELOPMENT 14. Innovation through the Lens of Competition Law John Duns 15. Legal Protection of Business Research and Development: Can it Harm Competition? Ray Finkelstein 16. Business Innovation and Competition Law: An Australian Perspective John Duns 17. Perspectives from Competition Law Practice Dorothy Livingston 18. EU Competition Law, and Research and Development Agreements Rosa Greaves PART V: DEVICES TO PROTECT BUSINESS RESEARCH AND DEVELOPMENT FROM ‘INTERNAL ATTACK’ 19. Devices at Law to Protect Employers: A Conspectus of Approaches Marilyn Pittard 20. Devices to Restrain Competition and Protect Discoveries and Enforcement: Workplace Policies and Confidentiality Agreements John Hull 21. Devices to Restrain Competition and Protect Discoveries and Enforcement: Confidentiality in the Courts and Europe Alison Firth 22. Devices to Restrain Competition and Protect Confidential Information in Employment – Practical and Legal Aspects: An Australian Perspective Chris Molnar 23. The Law and Policy of Non-compete Clauses in the United States and their Implications Jay P. Kesan and Carol M. Hayes PART VI: PUBLIC SECTOR BUSINESS RESEARCH AND DEVELOPMENT 24. Innovation in Public Sector Research Ann L. Monotti 25. Technology Transfer Law, Policies and Practices at the U.S. National Institutes of Health Claire T. Driscoll 26. Licensing University Intellectual Property: Ownership and Management of Intellectual Property in the United Kingdom Noel Byrne PART VII: CORPORATE GOVERNANCE ISSUES AND INNOVATION 27. Innovation through the Lens of Corporate Governance John Duns 28. Institutions and Innovation: Is Corporate Governance the Missing Link? Simon Deakin and Andrea Mina Index

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Book SynopsisOne might mistakenly think that the long tradition of economic analysis in antitrust law would mean there is little new to say. Yet the field is surprisingly dynamic and changing. The specially commissioned chapters in this landmark volume offer a rigorous analysis of the field's most current and contentious issues. Focusing on those areas of antitrust economics that are most in flux, leading scholars discuss topics such as: mergers that create unilateral effects or eliminate potential competition; whether market definition is necessary; tying, bundled discounts, and loyalty discounts; a new theory of predatory pricing; assessing vertical price-fixing after Leegin; proving horizontal agreements after Twombly; modern analysis of monopsony power; the economics of antitrust enforcement; international antitrust issues; antitrust in regulated industries; the antitrust-patent intersection; and modern methods for measuring antitrust damages. Students and scholars of law and economics, law practitioners, regulators, and economists with an interest in industrial organization and consulting will find this seminal Handbook an essential and informative resource. Contributors: J.B. Baker, R.D. Blair, A. Bradford, N. Economides, A. Edlin, E. Elhauge, D.S. Evans, J.S. Haynes, B. Klein, A.K. Klevorick, I.B. Kohler-Hausmann, J. Kwoka, D. Reitman, D.L. Rubinfeld, H.A. Shelanski, C.J. Sprigman, A.L. WickelgrenTable of ContentsContents: 1. Introduction and Overview to Current Issues in Antitrust Economics Einer Elhauge PART I: MERGERS AND MARKET DEFINITION 2. Research Topics in Unilateral Effects Analysis Jonathan B. Baker and David Reitman 3. Lightening Up on Market Definition David S. Evans 4. Mergers that Eliminate Potential Competition John Kwoka PART II: AGREEMENTS AND UNILATERAL CONDUCT 5. Tying, Bundling, and Loyalty/Requirement Rebates Nicholas Economides 6. Predatory Pricing Aaron Edlin 7. Assessing Resale Price Maintenance After Leegin Benjamin Klein 8. The Plausibility of Twombly: Proving Horizontal Agreements After Twombly Alvin K. Klevorick and Issa B. Kohler-Hausmann 9. Monopsony, Monopsony Power, and Antitrust Policy Roger D. Blair and Jessica S. Haynes PART III: ANTITRUST ENFORCEMENT 10. Issues in Antitrust Enforcement Abraham L. Wickelgren 11. Antitrust Law in Global Markets Anu Bradford 12. Antitrust and Regulation Howard A. Shelanski 13. The Intersection of Patent and Antitrust Law Christopher Jon Sprigman 14. Antitrust Damages Daniel L. Rubinfeld Index

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Book SynopsisRegulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences.The book's conceptual framework covers the most relevant drivers of competition, including legal actors' incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy.Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers - legislator, regulator, judiciary - at both national and European levels.Contents: Foreword Preface 1. Regulatory Competition: What it is and What Remains to be Explored 2. Regulatory Competition in European Company Law 3. Regulatory Competition in European Securities Law 4. Regulatory Competition in EU Competition Law 5. Regulatory Competition in the Internal Market Bibliography IndexTrade Review'Dr Gabor's book is an important contribution to the academic study of regulatory competition and to the practice of regulation in the European Union. It therefore deserves a wide readership among both academics and practitioners. It will stimulate debate and help in the search for constructive solutions to the challenges facing modern Europe.' --Jonathan Faull, European Commission, Internal Market and Services, College of Europe, Brugge and Institute of European Studies, Vrije Universiteit Brussel, Belgium'Barbara Gabor's masterful overview of regulatory competition issues as they relate to the European Union is a must read; political scientists, economists, and lawyers will find value in this comprehensive and thoughtful work by an able young scholar.' --Daniel Rubinfeld, University of California, Berkeley, USTable of ContentsContents: Foreword Preface 1. Regulatory Competition: What it is and What Remains to be Explored 2. Regulatory Competition in European Company Law 3. Regulatory Competition in European Securities Law 4. Regulatory Competition in EU Competition Law 5. Regulatory Competition in the Internal Market Bibliography Index

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Book SynopsisThe 2008 financial crisis brought increased scrutiny to the ways in which the directors of the world's major financial institutions handle their duties and how they impact investors, shareholders and consumers. In this comprehensive Handbook, leading scholars from around the world explore the nature of the relationship between a company and its directors, assessing issues such as how duties are discharged, what liabilities may arise and whose interests directors should consider before embarking on commercial ventures.The Handbook begins with chapters that explore the range of company law developments in several common law countries, with further chapters examining the law in several civil law jurisdictions. The Handbook then looks beyond company law to issues such as the role of directors in fostering corporate social responsibility and directors' duties to consumers. The final chapters consider directors' duties in times of financial turmoil.A comprehensive and ground-breaking book of original scholarly research, the Handbook will be a valuable contribution to the libraries of company law scholars and students, as well as to business people with a professional interest in the topic.Contributors: C. Amatucci, A. Anand, V. Brand, T.A. Gabaldon, M.M. Harner, J.G. Hill, S.H. Goo, M. Jaramillo, D. Klingler, A. Lista, J. MacIntosh, A. Paolini, P. Pais de Vanconcelos, S. WatsonTrade Review‘If you are professionally involved in, or merely interested in the financial services industry and its collective stance on such issues as social responsibility as well as profit, you should really acquire this absorbing, carefully researched and very timely book.’ -- The Barrister MagazineTable of ContentsContents: Preface PART I: DIRECTORS’ DUTIES IN THE COMMON LAW LEGAL SYSTEM 1. Evolving Director’s Duties in the Common Law World Jennifer G. Hill 2. Directors' Duties in Canada: Paintings in a Stream? Jeff Mackintosh 3. Directors’ Duties in the UK Andrea Lista 4. Almost Codified almost 20 years on: The Effect of the Companies Act 1993 on the Development of Directors’ Duties in New Zealand Susan Watson PART II: DIRECTORS’ DUTIES IN OTHER JURISDICTIONS 5. Directors’ Duties in Italy Carlo Amatucci 6. Director’s Duties in China Marcos Jamaramillo 7. A Brief Note on Directors’ Duties of Care and Loyalty in Portugal Pedro Pais de Vanconcelos PART III: DIRECTORS’ DUTIES BEYOND COMPANY LAW 8. The Limits of Directors' Duties in Fostering Corporate Social Responsibility and the Idea of a Multi-stakeholder Board S. H. Goo and D. Klingler 9. In Loco Parentis: Directorial Duties to Consumers Theresa A. Gabaldon 10. Connections between Ethics and Directors’ Duties in Australia Vivienne Brand PART IV: DIRECTORS’ DUTIES IN TIMES OF FINANCIAL TURMOIL 11. Navigating Financial Turbulence: Directors’ Duties in the Face of Insolvency Michelle M. Harner 12. Non-executive Directors in Financial Institutions: A Demanding Standard of Care Adolfo Paolini 13. The Relationship between Investors and Corporations after the Financial Crises Anita Anand Index

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Book SynopsisIn this Research Handbook, today's leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors - particularly secured creditors - in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics. Chapters trace the historical path of both law and policy analysis, with a focus on how the bankruptcy process serves underlying policy objectives. Proposals to reform corporate bankruptcy are presented. Research Handbook on Corporate Bankruptcy Law includes policy analysis by both lawyers and economists and is thus an invaluable resource to law scholars and students interested in the economic analysis of corporate bankruptcy law, as well as to economics and business scholars and students studying the law of corporate bankruptcy. These pages will prove equally valuable to lawmakers and judges who are interested in policy analysis of corporate bankruptcy. Contributors include: K. Ayotte, D.G. Baird, A.J. Casey, T.H. Jackson, M.B. Jacoby, E.J. Janger, S.J. Lubben, E.R. Morrison, J.A.E. Pottow, R.K. Rasmussen, M.J. Roe, A. Schwartz, M. Simkovic, D. Skeel, R. Squire, G. Triantis, M.J. White, T.J. ZywickiTrade Review‘Readable and guiding contributions concerning fundamental issues of large group corporate bankruptcies. In Europe, the book will prove equally valuable to lawmakers and scholars with an affection for law and economics policy analysis of the theme.’ -- Bob Wessels, Professor Emeritus of International Insolvency Law, Leiden University, the Netherlands and Expert Advisor on Insolvency and Restructuring Law of the European CommissionTable of ContentsContents: Foreword Douglas G. Baird Introduction Barry E. Adler 1. Bankruptcy’s Logic and Limits in the 21st Century: Some Thoughts on Chapter 11’s Evolution and Future Thomas H. Jackson 2. The End of Bankruptcy Revisited Robert K. Rasmussen 3. Bankruptcy Sales Melissa B. Jacoby and Edward J. Janger 4. The New Synthesis of Bank Regulation and Bankruptcy in the Dodd-Frank Era David Skeel 5. Derivatives and Repos in Bankruptcy Mark J. Roe 6. Distress-Triggered Liabilities and the Agency Costs of Debt Richard Squire 7. On the Mandatory Stay of Secured Creditors in Bankruptcy Kenneth Ayotte 8. Debtor-in-Possession Financing in Bankruptcy George G. Triantis 9. Beyond Options Anthony J. Casey and Edward R. Morrison 10. The Treatment of Secured Credit in Bankruptcy: A Unified Model Michell J. White 11. Making Fraudulent Transfer Law More Predictable Michael Simkovic 12. The Costs of Corporate Bankruptcy: How Little We Know Stephen J. Lubben 13. The Chrysler and General Motors Bankruptcies Todd J. Zywicki 14. Cross-Border Corporate Insolvency in the Era of Soft(ish) Law John A. E. Pottow 15. Bankruptcy Related Contracting and Bankruptcy Functions Alan Schwartz Index

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Book SynopsisThe very foundation of the economy is changing. Across the United States, primary and secondary sector industries are no longer as viable as they once were - because the particular businesses are no longer profitable, because the underlying resources are no longer as plentiful or desirable, or because human activity is not essential to various aspects of an industry's operations. As economies evolve from traditional industrial resources, such as mining and manufacturing, to 'new' resources, such as information and content, innovation and entrepreneurship are key. Entrepreneurship and Innovation in Evolving Economies examines the role of law in supporting innovation and entrepreneurship in communities whose economies are in transition. It contains a collection of works from different perspectives and tackles tough questions regarding policy and practice, including how support for entrepreneurship can be translated into policy. Additionally, this collection addresses more concrete questions of practical efficacy, including measures of how successful or unsuccessful legal efforts to incentivize entrepreneurship may be, through intellectual property law and otherwise, and what might define success to begin with. Expertly researched and widely accessible, Entrepreneurship and Innovation in Evolving Economies will appeal especially to students and scholars of innovation, law, and entrepreneurship. Contributors: M.M. Carpenter, S. Ghosh, E.J. Gouvin, S.D. Jamar, A.L. Johnson, B. Krumm, P.H. Lee, M.J. Madison, L. Mtima, S.M. O'Connor, M. Risch, F.G. Snyder, E. Townsend GardTable of ContentsContents: Foreword Franklin G. Snyder 1. Introduction Megan M. Carpenter 2. State Legislative Efforts to Improve Access to Venture Capital Brian Krumm 3. Of Small Businesses and Entrepreneurs: Toward a Public Policy that Supports New Venture Formation Eric J. Gouvin 4. Transforming Professional Services to Build Regional Innovation Ecosystems Sean M. O’Connor 5. The Strategic Lawyer Shubha Ghosh 6. A Social Justice Perspective on Intellectual Property, Innovation, and Entrepreneurship Steven D. Jamar and Lateef Mtima 7. Contrasts in Innovation: Pittsburgh Then and Now Michael J. Madison 8. IP and Entrepreneurship in an Evolving Economy: A Case Study Michael Risch 9. The Role and Impact of Clinical Programs on Entrepreneurship and Economic Growth Patricia H. Lee 10. The Rule of Law, Privatization, and the Promise of Transborder Licensing Andrea L. Johnson 11. The Making of the Durationator®: An Unexpected Journey into Entrepreneurship Elizabeth Townsend Gard Index

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Book SynopsisThis book considers how a regulatory enforcement policy should be designed to efficiently induce proactive corporate compliance.It first explores two major schools of thought regarding law enforcement, both the deterrence and cooperative approaches, and shows that neither of these represents an optimal regulatory enforcement paradigm from a social welfare perspective. It provides a critical analysis of recent developments in US Federal corporate liability regimes, and proposes a generic framework that better tailors sanction schemes and monitoring systems to regulatee performance. The proposed framework efficiently induces corporate proactive compliance, while maintaining an optimal level of deterrence.This insightful book will appeal to academics in law and economics, behavioral economics, criminology, and business, as well as to practitioners and policymakers.Contents: Prologue: The President Coolidge 1. Introduction Part I: Major Schools of Thought Regarding Law Enforcement 2. Deterrence-based Regulatory Enforcement 3. Cooperative Enforcement 4. The Reconciliation of Deterrence-based and Cooperative Enforcement Part II: Corporate Liability and the Incentive Apparatus for Corporate Proactive Compliance 5. Corporate Liability and Compliance Management Systems 6. Corporate Liability Regimes: A Law and Economics Analysis Part III: Corporate Monitors: Can 'Swords' Turn Into 'Shields'? 7. Corporate Monitors: The Emerging Framework of Deferred Prosecution Agreements 8. Corporate Monitors: Facilitating an Efficient Targeted Monitoring System 9. Concluding Remarks Bibliography IndexTrade ReviewHow to induce corporate compliance with regulations? Harsh punishments will cause companies to disguise violations, and mild punishments will cause companies to report their violations and make weak efforts to avoid them. In this book, Sharon Oded canvasses the history of thinking about corporate compliance, and he proposes his own candidate for the best law. This is a sophisticated account of legal incentives that will repay any reader interested in corporate compliance. --Robert Cooter, University of California, BerkeleyThe effective control of corporate misconduct is a vital but elusive task for regulators, given the complexity of organisation structures and the need to find the right balance between deterrent- and cooperative-based enforcement policies. In this powerful and comprehensive study, Sharon Oded argues for combining different approaches and boldly advocates, in particular, the use of third-party independent corporate monitoring firms to implement self-policing strategies. This will be essential reading for those involved in the theory or practice of regulatory corporate enforcement. --Anthony Ogus, University of Manchester, UK and University of Rotterdam, The NetherlandsTable of ContentsContents: Prologue: The President Coolidge 1. Introduction Part I: Major Schools of Thought Regarding Law Enforcement 2. Deterrence-based Regulatory Enforcement 3. Cooperative Enforcement 4. The Reconciliation of Deterrence-based and Cooperative Enforcement Part II: Corporate Liability and the Incentive Apparatus for Corporate Proactive Compliance 5. Corporate Liability and Compliance Management Systems 6. Corporate Liability Regimes: A Law and Economics Analysis Part III: Corporate Monitors: Can ‘Swords’ Turn Into ‘Shields’? 7. Corporate Monitors: The Emerging Framework of Deferred Prosecution Agreements 8. Corporate Monitors: Facilitating an Efficient Targeted Monitoring System 9. Concluding Remarks Bibliography Index

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Book SynopsisStandardization under EU Competition Rules and US Antitrust Laws is a comprehensive and detailed legal analysis of standard-setting procedure and the regulation of standard essential patents. It deals with the competition law aspects of competitors' collaboration to create technical standards, as well as the contentious antitrust issues regarding access to standards and standard essential patents.The book shows that there is a clear difference between how standardization is scrutinized and judged in the two jurisdictions. In general, US courts use intellectual property law to address access to standard essential patents, while European courts utilize antitrust rules. Both avenues hold their specific benefits and disadvantages. However, the dichotomy between the tools used in the two jurisdictions also, according to the author, mirror a more fundamental change in attitude to central notions and values such as property, fairness, equity, public interest and competition.Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called 'patent war', the book puts forward a new method for applying competition law to standards and standard-setting - in both its collusive and monopolistic aspects - that will be of special interest to students, academics and practitioners.Contents: 1. R&D Collaborations, Technology Standardization Agreements and Patent Pools - Antitrust Problems or Efficient Solutions to Antitrust Problems? 2. The Proliferation of IP Rights and the Rise of Standards 3. The Governance and Institutional Structure of SSOs 4. The Regulation of Standardization Agreements and Adjoining Collaborations 5. Patent Pools 6. Unilateral Conduct under Standards 7. Comparative Analysis and Critique 8. Conclusion Bibliography IndexTrade Review‘This book is a comprehensive analysis of standard-setting procedure and the regulation of standard-essential patents. Standardization under EU Competition Rules and US Antitrust Laws is made up of eight highly readable sections.’ -- Athanase Popov, General Court of the European UnionTable of ContentsContents: 1. R&D Collaborations, Technology Standardization Agreements and Patent Pools – Antitrust Problems or Efficient Solutions to Antitrust Problems? 2. The Proliferation of IP Rights and the Rise of Standards 3. The Governance and Institutional Structure of SSOs 4. The Regulation of Standardization Agreements and Adjoining Collaborations 5. Patent Pools 6. Unilateral Conduct under Standards 7. Comparative Analysis and Critique 8. Conclusion Bibliography Index

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Book SynopsisPrinciples of Law and Economics, Third Edition provides a comprehensive yet accessible guide to the field of law and economics. With its focus on principles, and use of illustrative examples, this is the ideal introduction for law students, with or without prior knowledge of economics. The textbook focuses largely on the economics of core areas in common law: property, contract and tort, with additional chapters on criminal law, procedural matters and family law. This updated third edition also includes a chapter on the economics of corporate law that addresses the key issues surrounding the nature of the firm and the incentives attached to corporate legal structures. Key features include:? Clear and succinct language used throughout with limited use of jargon or specialist terms An educational design which is accessible for use by students of law and economics alike? Economic analysis and legal principles treated in a self-contained manner for ease of reference? Legal cases summarized for the benefit of highlighting relevant economic issues ? A focus on the common law, including comparative references to civil law? Review questions at the end of each chapter to encourage further analysis and debate around key topics. The clear and non-technical approach to the subject matter makes this a perfect text for law students, or indeed for students in economics or business studies who are studying law and economics for the first time.Trade Review'Why should law learn from economics and why should economics learn from Law? The new book by Professor Antony Dnes gives the answer. By exploring the standard areas of the law (property, contract, tort, crime, litigation and legal process, family, corporations) with rigorous economic tools and a blend of accessible language and illustrative examples, the book encourages the reader to learn, understand and think about the field of law and economics. Whether looking for a first immersion into this legal methodology or just searching for new applications, all will benefit from the author's clear writing and deep knowledge of the literature. Lawyers, economists, social scientists and policymakers should make this their turn-to book.' --Nuno Garoupa, Texas A&M University, School of Law, US'This book provides a well-structured introduction into the economic analysis of law, which is easily accessible for lawyers and social scientists. The new section of economic aspects of corporate law is a very valuable amendment in particular for management students.' --Roland Kirstein, Otto-von-Guericke-University Magdeburg, Germany and German Law and Economics AssociationTable of ContentsContents: 1. Introduction 2. Property Rights 3. Conflicts over Property Rights 4. Contract Formation and Evolution 5. Breach of Contract 6. Economics of Torts 7. Economics of Crime 8. Litigation and Legal Procedure 9. Economics of Family Law 10. Economic Aspects of Corporate Law Cases, Statutes, and References Index

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Book SynopsisIn most capital markets, insider trading is the most common violation of securities law. It is also the most well known, inspiring countless movie plots and attracting scholars with a broad range of backgrounds and interests, from pure legal doctrine to empirical analysis to complex economic theory. This volume brings together original cutting-edge research in these and other areas written by leading experts in insider trading law and economics.The Handbook begins with a section devoted to legal issues surrounding the US's ban on insider trading, which is one of the oldest and most energetically enforced in the world. Using this section as a foundation, contributors go on to discuss several specific court cases as well as important developments in empirical research on the subject. The Handbook concludes with a section devoted to international perspectives, providing insight into insider trading laws in China, Japan, Australia, New Zealand, the United Kingdom and the European Union.This timely and comprehensive volume will appeal to students and professors of law and economics, as well as scholars, researchers and practitioners with an interest in insider trading.Contributors: K. Alexander, S.M. Bainbridge, L.N. Beny, S.F. Diamond, J. Fisch, J.M. Heminway, M.T. Henderson, N.C. Howson, H. Huang, K. Kendall, S.H. Kim, T.A. Lambert, K. Langenbucher, D.C. Langevoort, H.G. Manne, M. Nelemans, A. Padilla, A.C. Pritchard, J.M. Ramseyer, M.C. Schouten, H.N. Seyhun, A.F. Simpson, J.W. Verret, G. WalkerTable of ContentsContents: 1. An Overview of Insider Trading Law and Policy: An Introduction to the Research Handbook on Insider Trading Stephen M. Bainbridge PART I: US LAW AND POLICY 2. Launching the Insider Trading Revolution: SEC v. Capital Gains Research Bureau A.C. Pritchard 3. What were they Thinking? Insider Trading and the Scienter Requirement Donald C. Langevoort 4. Entrepreneurship, Compensation, and the Corporation Henry G. Manne 5. Regulating Insider Trading in the Post-Fiduciary Duty Era: Equal Access or Property Rights? Stephen M. Bainbridge 6. The Facebook Effect: Secondary Markets and Insider Trading in Today’s Startup Environment Stephen F. Diamond 7. Regulation FD: An Alternative Approach to Addressing Information Asymmetry Jill Fisch 8. Decision Theory and the Case for an Optional Disclosure-based Regime for Regulating Insider Trading Thomas A. Lambert PART II: STUDIES OF SPECIFIC DEFENDANTS 9. Applying Insider Trading Law to Congressmen, Government Officials, and the Political Intelligence Industry J.W. Verret 10. What Governmental Insider Trading Teaches us About Corporate Insider Trading Sung Hui Kim 11. A Portrait of the Insider Trader as a Woman Joan MacLeod Heminway PART III: EMPIRICAL RESEARCH 12. Has Illegal Insider Trading Become More Rampant in the United States? Empirical Evidence from Takeovers Laura Nyantung Beny and H. Nejat Seyhun 13. The Changing Demand for Insider Trading Regulation M. Todd Henderson 14. Insider Trading: What is Seen and What is Not Seen Alexandre Padilla 15. The Political Economy of Insider Trading Laws and Enforcement: Law vs. Politics? International Evidence Laura Nyantung Beny PART IV. GLOBAL PERSPECTIVES Section A. Asia 16. The Regulation of Insider Trading in China: Law and Enforcement Hui Huang 17. Punishing Possession–China’s All-Embracing Insider Trading Enforcement Regime Nicholas Calcina Howson 18. Insider Trading Regulation in Japan J. Mark Ramseyer Section B. Australasia 19. Insider Trading in Australia Keith Kendall and Gordon Walker 20. Insider Trading Law in New Zealand Gordon Walker and Andrew F. Simpson Section C. Europe 21. UK Insider Dealing and Market Abuse Law: Strengthening Regulatory Law to Combat Market Misconduct Kern Alexander 22. Insider Trading in European Law Katja Langenbucher 23. Takeover Bids and Insider Trading Matthijs Nelemans and Michael Schouten Index

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Book SynopsisThe business and human rights field is burgeoning, and this volume makes a significant contribution by drawing business law scholars into related debates. Rich in empirical detail, individual chapters analyze the challenges faced both at the firm-level and from the perspective of affected stakeholders across a range of sectors and issue areas. Highly recommended.'- Shareen Hertel, University of Connecticut, USMultinational corporations have the potential to bring economic and social benefits to emerging economies, but also social and political upheaval that can suppress fundamental human rights. This book synthesizes views from multinational corporations and civil society groups to find areas of common ground and raise issues of future potential conflict.The authors draw on their academic specializations in business and law to examine important human rights questions from legal, ethical, and business perspectives. The first part of the book focuses on the role of the multinational corporation in respecting human rights. It follows with an examination of the rights of vulnerable stakeholders and their erosion via direct or indirect corporate activity. Integrating John Ruggie's 'Protect, Respect, and Remedy' framework and the UN's 'Guiding Principles of Business and Human Rights', this book expands upon initial dialogue on the role of business in international human rights at this vital moment in history.Law, Business and Human Rights provides unity in a broad range of issues from a variety of perspectives that should interest scholars, teachers, students, and practitioners alike.Contributors: R.C. Bird, N. Bishara, D.R. Cahoy, L.J. Dhooge, D. Hess, J.S. Hiller, S.S. Hiller, R. Mares,K. McGarry, D. Orozco, M.A. Pagnattaro, S.K. Park, L.Pierre-Louis, J.D. PrenkertTrade Review‘The business and human rights field is burgeoning, and this volume makes a significant contribution by drawing business law scholars into related debates. Rich in empirical detail, individual chapters analyze the challenges faced both at the firm-level and from the perspective of affected stakeholders across a range of sectors and issue areas. Highly recommended.’ -- Shareen Hertel, University of Connecticut, USTable of ContentsContents Preface Human Rights and Business at the Indeterminate Crossroads Robert Bird Part I: THE ROLE OF FIRMS IN RESPECTING HUMAN RIGHTS 1. “Respect” Human Rights: Concept and Convergence Radu Mares 2. Human rights reporting as self-interest: The integrative and expressive dimensions of corporate disclosure Stephen Kim Park 3. Human rights and a corporation’s duty to combat corruption Norman Bishara & David Hess 4. The first amendment, compelled speech, and disclosure regulations Lucien J. Dhooge 5. A co-opetition approach to business, human rights organizations, and due diligence Janine S. Hiller & Shannon S. Hiller Part II THE HUMAN RIGHTS OF AFFECTED STAKEHOLDERS 6. Labor rights are human rights: Sustainability initiatives and trade policy Marisa Anne Pagnattaro 7. The human rights-related aspects of indigenous knowledge in the context of common law equitable doctrines and the Kiobel decision David Orozco, Kevin McGarry, & Lydie Pierre-Louis 8. Conflict minerals and polycentric governance of business and human rights Jamie Darin Prenkert 9. Feeding the world beyond 2050: A coordinated approach to preserving agricultural innovations and the human right to food Daniel R. Cahoy Index

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Book SynopsisThe most pressing challenge in corporate governance today is figuring out how to modulate the power given to public investors. Too little is harmful, but so is too much. Finding the sweet spot is very tricky. This Research Handbook makes the quest a little easier. It collects in one place a set of thoughtful and provocative essays, authored by leading academic experts from around the world, on a range of topics related to corporate governance and the power of shareholders. Very highly recommended.'- Jesse Fried, Harvard Law School, US'The Research Handbook on Shareholder Power offers a state-of-the-art collection of original essays on the most profound development in corporate governance in recent decades: the growth of shareholder power as against managerial dominance. From the 1960s through at least the mid-1980s one would hear only cries bemoaning shareholder vulnerability. Managers were in control. Today it is at least as common to hear complaints by managers that they are being persecuted by activist shareholders. The reader of the Handbook will come away with an acute understanding of how and why this happened, and how all this reverberates in countries.'- Donald C. Langevoort, Georgetown University, US'Edward Elgar's Research Handbook on Shareholder Power is an excellent collection of essays by leading scholars in the fields of corporate law and corporate governance. Professors Hill and Thomas are to be commended for delivering this valuable and timely volume on a fascinating and crucial topic.'- Brian Cheffins, University of Cambridge, UKMuch of the history of corporate law has concerned itself not with shareholder power, but rather with its absence. Recent shifts in capital market structure require a reassessment of the role and power of shareholders. These original, specially commissioned contributions by leading scholars in corporate law and financial economics provide a contemporary analysis of shareholder power and consider the regulatory consequences of changing ownership patterns around the world.The book begins with chapters on shareholder activism by institutional investors, hedge funds, and controlling shareholders. Further chapters explore the relationship between shareholders and the board of directors, shareholder activism around mergers and acquisitions, and turf battles during shareholder litigation. The final section offers a number of international perspectives on shareholder power in Asia, Europe, and the Americas.Students and scholars of corporate law will value the Handbook's timely exploration of modern shareholder power as well as its fresh perspective and scope.Contributors: S. Bainbridge, M. Becht, M. Belcredi, M.M. Blair, J.C. Coates, J.D. Cox, P. Davies, P.H. Edelman, T. Eguchi, L. Enriques, G. Ferrarini, F. Ferri, M. Filippelli, J. Franks, G.S. Geis, R.J. Gilson, J.N. Gordon, E. Gorga, J. Grant, L. Guo, G. Heng, J.G. Hill, K.S. Kim, L.L. Lan, R.W. Masulis, C. Mayer, F. Partnoy, P.K.Pham, E. Pikulina, D. Puchniak, L. Renneboog, W.G. Ringe, Z. Shishido, M.M. Siems, R.S. Thomas, R.B. Thompson, U. Varottil, H. Wells, J. ZeinTrade Review‘The most pressing challenge in corporate governance today is figuring out how to modulate the power given to public investors. Too little is harmful, but so is too much. Finding the sweet spot is very tricky. This Research Handbook makes the quest a little easier. It collects in one place a set of thoughtful and provocative essays, authored by leading academic experts from around the world, on a range of topics related to corporate governance and the power of shareholders. Very highly recommended.’ -- Jesse Fried, Harvard Law School, US‘The Research Handbook on Shareholder Power offers a state-of-the-art collection of original essays on the most profound development in corporate governance in recent decades: the growth of shareholder power as against managerial dominance. From the 1960s through at least the mid-1980s one would hear only cries bemoaning shareholder vulnerability. Managers were in control. Today it is at least as common to hear complaints by managers that they are being persecuted by activist shareholders. The reader of the Handbook will come away with an acute understanding of how and why this happened, and how all this reverberates in countries.’ -- Donald C. Langevoort, Georgetown University, US‘Edward Elgar’s Research Handbook on Shareholder Power is an excellent collection of essays by leading scholars in the fields of corporate law and corporate governance. Professors Hill and Thomas are to be commended for delivering this valuable and timely volume on a fascinating and crucial topic.’ -- Brian Cheffins, University of Cambridge, UK‘Overall, this is an excellent high-quality book that engages and challenges us to look at these issues in our own jurisdictions and beyond. It is a valuable addition to all our libraries.’ -- International Company and Commercial Law ReviewTable of ContentsContents: PART I SHAREHOLDER POWER – THEN AND NOW 1. Shareholder Power In America, 1800-2000: A Short History Harwell Wells 2. Agency Capitalism: Further Implications of Equity Intermediation Ronald J. Gilson and Jeffrey N. Gordon 3. Images of the Shareholder – Shareholder Power and Shareholder Powerlessness Jennifer G. Hill PART II IMPORTANT SHAREHOLDER CATEGORIES A. Institutional Investors 4. Thirty Years of Evolution in the Roles of Institutional Investors in Corporate Governance John C. Coates IV B. Hedge Funds 5. US Hedge Fund Activism Frank Partnoy 6. Hedge Fund Activism In Europe: Does Privacy Matter? Marco Becht, Julian Franks and Jeremy Grant C. Controlling Shareholders 7. Ownership and Control in Family Business Groups Around The World Ronald W. Masulis, Peter Kien Pham and Jason Zein 8. The Leximetric Research on Shareholder Protection Mathias M. Siems D. The State As Controlling Shareholder 9. Shareholder Rights In China: From Book to Action Li Guo and Gilbert Heng PART III OWNERSHIP AND GOVERNANCE: THE EVOLVING RELATIONSHIP BETWEEN SHAREHOLDERS AND THE BOARD OF DIRECTORS 10. Conceiving Corporate Commitment: Creation and Confirmation Colin Mayer 11. Preserving Director Primacy by Managing Shareholder Interventions Stephen M. Bainbridge 12. Boards of Directors and Corporate Performance Under a Team Production Model Margaret M. Blair 13. Independent Directors and Controlling Shareholders Around The World Guido Ferrarini and Marilena Filippelli PART IV SHAREHOLDER POWER IN ACTION 14. Serial Takeovers, Large Shareholders, and CEOs’ Equity-based Compensation Elena Pikulina and Luc Renneboog 15. Say On Pay Fabrizio Ferri 16. Whose Law Is It?: Battling Over Turf in Shareholder Litigation James D. Cox PART V INTERNATIONAL PERSPECTIVES ON SHAREHOLDER POWER A. Europe 17. Shareholders in the United Kingdom Paul Davies 18. Institutional Investor Activism in a Context of Concentrated Ownership and High Private Benefits of Control: The Case of Italy Massimo Belcredi and Luca Enriques 19. Changing Law and Ownership Patterns in Germany: Corporate Governance and the Erosion of Deutschland AG Wolf-Georg Ringe B. USA and South America 20. The Power of Shareholders in the United States Robert B. Thompson 21. The Theory and Practice of Corporate Voting at US Public Companies Randall S. Thomas and Paul H. Edelman 22. Corporate Control and Governance After a Decade From “Novo Mercado”: Changes in Ownership Structures and Shareholder Power in Brazil Érica Gorga C. Asia 23. Multiple Faces of Shareholder Power in Asia: Complexity Revealed Dan W. Puchniak 24. Dynamics of Shareholder Power in Korea Kon Sik Kim 25. The Future of Japanese Corporate Governance: Japan’s Internal Governance and Development of Japanese-Style External Governance Through Engagement Takaaki Eguchi and Zenichi Shishido 26. Shareholder Empowerment in Controlled Companies: The Case of Singapore Luh Luh Lan and Umakanth Varottil 27. Shareholder Power in India George S. Geis Index

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Book SynopsisThis collection, edited by a leading authority, presents key literature published in the last 30 years discussing the topic of whistleblowing law. The papers analyze the contours of the field, including perspectives from which to examine whistleblower laws, the issues arising in the implementation of these laws and the character of global whistleblower laws. These seminal works also provide an introduction to a number of disputed issues and an examination of two areas of recent interest, including national security whistleblowers and financial incentives. Along with an original introduction by the editor, this two-volume set will be an invaluable source of reference for students, academics and practitioners interested in this area.Trade Review‘How should the law handle ostensible whistleblowers? And how, if at all, should the answer differ in the national security context versus other contexts, in private versus public realms, or for government employees versus government contractors? These questions are as timely as they are difficult and important. In Whistleblowing Law, Professor Robert G. Vaughn, himself a leader in the field, assembles a formidable group of experts to address them.’ -- Heidi Kitrosser, University of Minnesota, USTable of ContentsContents: Volume I Introduction Robert G. Vaughn PART I LEGAL FRAMEWORKS A Open Government/Market Regulation 1. Terry Morehead Dworkin (2002), ‘Whistleblowing, MNCs, and Peace’, Vanderbilt Journal of Transnational Law, 35, 457–86 2. A.J. Brown, Wim Vandekerckhove and Suelette Dreyfus (2014), ‘The Relationship between Transparency, Whistleblowing, and Public Trust’, in Padideh Ala’i and Robert G. Vaughn (eds), Research Handbook on Transparency, Chapter 2, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 30–58 B Human Rights 3. Thomas Devine (1999), ‘The Whistleblower Protection Act of 1989: Foundation for the Modern Law of Employment Dissent’, Administrative Law Review, 51 (2), Spring, 531–79 4. Nancy M. Modesitt (2012), ‘The Garcetti Virus’, University of Cincinnati Law Review, 80 (1), 161–208 5. Frederick A. Elliston (1982), ‘Civil Disobedience and Whistleblowing: A Comparative Appraisal of Two Forms of Dissent’, Journal of Business Ethics, 1 (1), February, 23–28 6. Brian Martin (1999), ‘Whistleblowing and Nonviolence’, Peace and Change: A Journal of Peace Research, 24 (1), January, 15–28 C Employment/Labour Law 7. Richard Moberly (2010), ‘The Supreme Court’s Antiretaliation Principle’, Case Western Review Law Review, 61 (2), 375–452 D Perspectives 8. Robert G. Vaughn (2012), ‘Perspectives’, in The Successes and Failures of Whistleblower Laws, Chapter 15, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 286–308 PART II ENFORCEMENT AND APPLICATION OF WHISTLEBLOWER LAWS 9. Thomas M. Devine and Donald G. Aplin (1986), ‘Abuse of Authority: The Office of Special Counsel and Whistleblower Protection’, Antioch Law Review, 4, 5–71 10. Richard E. Moberly (2007), ‘Unfulfilled Expectations: An Empirical Analysis of Why Sarbanes-Oxley Whistleblowers Rarely Win’, William and Mary Law Review, 44, 65–155 11. Nancy M. Modesitt (2013), ‘Why Whistleblowers Lose: An Empirical and Qualitative Analysis of State Court Cases’, Kansas Law Review, 62 (1), October, 165–94 PART III GLOBAL WHISTLEBLOWER LAWS A National Laws 12. David Lewis (2008), ‘Ten Years of Public Interest Disclosure Legislation in the UK: Are Whistleblowers Adequately Protected?’, Journal of Business Ethics, 82 (2), October, 497–507 13. Elleta Sangrey Callahan, Terry Morehead Dworkin and David Lewis (2004), ‘Australian, U.K., and U.S. Approaches to Disclosure in the Public Interest’, Virginia Journal of International Law, 44 (3), 879–912 14. Leon Wolff (2004), ‘New Whistleblower Protection Laws for Japan’, Journal of Japanese Law, 17, 209–13 15. David Lewis and Tina Uys (2007), ‘Protecting Whistleblowers at Work: A Comparison of the Impact of British and South African Legislation’, Managerial Law, 49 (3), 76–92 B History/Culture 16. William De Maria (2006), ‘Common Law–Common Mistakes?: Protecting Whistleblowers in Australia, New Zealand, South Africa and the United Kingdom’, International Journal of Public Sector Management, 19 (7), 643¬–58 17. Donald C. Dowling, Jr. (2008), ‘Sarbanes-Oxley Whistleblower Hotlines Across Europe: Directions Through the Maze’, International Lawyer, 42 (1), Spring, 1–57 18. Heungsik Park, John Blenkinsopp, M. Kemal Okten and Ugur Omurgonulsen (2008), ‘Cultural Orientation and Attitudes Toward Different Forms of Whistleblowing: A Comparison of South Korea, Turkey and the U.K.’, Journal of Business Ethics, 82 (4), November, 929–39 C International Organizations 19. Robert G. Vaughn, Thomas Devine and Keith Henderson (2003), ‘The Whistleblower Statute Prepared for the Organization of American States and the Global Legal Revolution Protecting Whistleblowers’, George Washington International Law Review, 35, 857–902 Index Volume II Contents: An introduction to both volumes by the editor appears in Volume I PART I DISPUTED ISSUES A Anonymity 1. Frederick A. Elliston (1982), ‘Anonymity and Whistleblowing’, Journal of Business Ethics, 1 (3), August, 167–77 B Ethics 2. Kathleen Clark (2007), ‘Government Lawyers and Confidentiality Norms’, Washington University Law Review, 85, 1033–99 C Internal Disclosures 3. Richard E. Moberly (2006), ‘Sarbanes-Oxley Structural Model to Encourage Corporate Whistleblowers’, Brigham Young University Law Review, 2006 (5), 1107–80 4. Jonathan Brock (1999), ‘Full and Fair Resolution of Whistleblower Issues: The Hanford Joint Council for Resolving Employee Concerns, A Pilot ADR Approach’, Administrative Law Review, 51 (2), Spring, 497–529 PART II CONTINUING CONTROVERSIES A National Security Whistleblowers 5. Kathleen Clark (2010), ‘The Architecture of Accountability: A Case Study of the Warrantless Surveillance Program’, Brigham Young University Law Review, 2010 (2), 357–419 6. Louis Fisher (2008), ‘Extraordinary Rendition: The Price of Secrecy’, American University Law Review, 57, 1405–51 7. Stephen I. Vladeck (2011), ‘The Espionage Act and National Security Whistleblowing After Garcetti’, American University Law Review, 57, 1531–46 8. Jesselyn Radack and Kathleen McClellan (2011), ‘The Criminalization of Whistleblowing’, Labor and Employment Law Forum, 2 (1), 57–77 9. Richard Moberly (2012), ‘Whistleblowers and the Obama Presidency: The National Security Dilemma’, Employee Rights and Employment Policy Journal, 16 (1), 51–141 B Financial Incentives 10. Elletta Sangrey Callahan and Terry Morehead Dworkin (1992), ‘Do Good and Get Rich: Financial Incentives for Whistleblowing and the False Claims Act’, Villanova Law Review, 37 (2), 273–336 11. Marsha J. Ferziger and Daniel G. Currell (1999), ‘Snitching for Dollars: The Economics and Public Policy of Federal Civil Bounty Programs’, University of Illinois Law Review, 1999 (4), 1141–208 12. William E. Kovacic (1996), ‘Whistleblower Bounty Lawsuits as Monitoring Devices in Government Contracting’, Loyola of Los Angeles Law Review, 29, 1799–857 13. Aaron S. Kesselheim, David M. Studdert and Michelle M. Mello (2010), ‘Whistle-Blowers’ Experience in Fraud Litigation against Pharmaceutical Companies’, New England Journal of Medicine, 362 (19), May, 1832–39 14. Yuval Feldman and Orly Lobel (2010), ‘The Incentive Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties, and Protections for Reporting Illegality’, Texas Law Review, 88 (6), May, 1151–211 PART III RESEARCH IN THE SOCIAL SCIENCES AND THE HUMANITIES 15. David Lewis, A.J. Brown and Richard Moberly (2014), ‘Whistleblowing, Its Importance and the State of the Research’, in A.J. Brown, David Lewis, Richard Moberly and Wim Vandekerckhove (eds), International Handbook on Whistleblowing Research, Chapter 1, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 1–34 Index

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Book SynopsisWang Jiang Yu approaches corporate law from a development and political economic perspective, while also giving a detailed analysis of what the law is. Better analyses of US corporate law have studied agency problems and strategically viable responses within the firm, while good studies of EU company law have also factored in questions of harmonization and regulatory arbitrage among jurisdictions. Wang provides us with what might become the leading paradigm for studies on Chinese corporate law: an understanding of how Western corporation forms have been employed and adjusted in China to meet the development agenda of the Chinese government and how this law is evolving in response to the state of the Chinese economy and the periodically adjusted positions of government planners'- David Donald, Professor, Faculty of Law, The Chinese University of Hong KongThis accessible book offers a comprehensive and critical introduction to the law on business organizations in the People's Republic of China. The coverage focuses on the 2005-adopted PRC Company Law and the most recent legislative and regulatory developments in the company law landscape in China. The book covers a wide range of topics including the definitions of companies as compared with other forms of business organizations, incorporation, shareholders rights and legal remedies, corporate governance (including the fiduciary and other duties and liabilities of directors, supervisors and managers), corporate finance (including capital and shares offering), fundamental corporate changes (including mergers & acquisitions, and takeovers), and corporate liquidation and bankruptcy. In addition to presenting strong doctrinal analysis, the author also considers China's unique social, political and economic contexts.Contents: 1. An Overview of the Company Law Regime In China 2. Types of Companies in the Diverse World of Business Organizations in China 3. Corporate Legal Personality and Limited Liability 4. Formation of Companies and the Rules of Capital Maintenance 5. Shareholders and their Rights 6. The General Corporate Governance and Management Structure 7. Fiduciary Duties of the Directors, Supervisors and Management Executives 8. Shareholder Litigation 9. Offering and Trading of Shares in Joint Stock Limited Companies 10. Financial Affairs, Accounting and Profit Distribution 11. Mergers, Acquisitions, and Takeovers 12. Corporate Liquidation and Bankruptcy IndexTrade Review'Company Law in China: Regulation of Business Organizations in a Socialist Market Economy provides a comprehensive introduction to the law on business organizations in China, considering the 2005 adaptation of PRC Company Law and he latest legislative developments in the country. ... Packed with details on corporate liquidation, bankruptcy, corporate finance and governance, and the latest regulations and business practices...' -- The Midwest Book Review‘Written with clarity and erudition, this newly published book from Edward Elgar should prove an invaluable work of reference for practitioners, academics and certainly investors interested in, or wishing to enhance their understanding of Chinese law – company law in particular. . . Meticulously footnoted, the book also provides a no less than seventeen-page bibliography at the back, of references in English, plus an extensive index. What a boon to researchers in Chinese law! ’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine‘Wang Jiang Yu approaches corporate law from a development and political economic perspective, while also giving a detailed analysis of what the law is. Better analyses of US corporate law have studied agency problems and strategically viable responses within the firm, while good studies of EU company law have also factored in questions of harmonization and regulatory arbitrage among jurisdictions. Wang provides us with what might become the leading paradigm for studies on Chinese corporate law: an understanding of how Western corporation forms have been employed and adjusted in China to meet the development agenda of the Chinese government and how this law is evolving in response to the state of the Chinese economy and the periodically adjusted positions of government planners’ -- David Donald, Professor, Faculty of Law, The Chinese University of Hong KongTable of ContentsContents: 1. An Overview of the Company Law Regime In China 2. Types of Companies in the Diverse World of Business Organizations in China 3. Corporate Legal Personality and Limited Liability 4. Formation of Companies and the Rules of Capital Maintenance 5. Shareholders and their Rights 6. The General Corporate Governance and Management Structure 7. Fiduciary Duties of the Directors, Supervisors and Management Executives 8. Shareholder Litigation 9. Offering and Trading of Shares in Joint Stock Limited Companies 10. Financial Affairs, Accounting and Profit Distribution 11. Mergers, Acquisitions, and Takeovers 12. Corporate Liquidation and Bankruptcy Index

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Book SynopsisWith its range of flexible and adaptable precedents, Drafting Commercial Agreements can help you to draw up contracts accurately and efficiently. Thorough and practical, the book covers those areas that are most commonly encountered in commercial practice, such as agency, distribution, franchising, joint ventures and the sale and supply of goods.

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Book SynopsisThe Commercial Law Handbook examines the most commonly encountered transactions, provides a checklist of the terms that need to be included in the agreements and analyses the issues that should be considered when drafting them. This new second edition includes: - Consumer Rights Act 2015 - General Data Protection Regulation (Data Protection Act 2018) - Rome I and II Regulations on governing law - Recast Brussels Regulation on jurisdiction and the recognition and enforcement of judgments - Competition and Markets Authority succeeding the Office of Fair Trading - case law clarifying rights of agents and operation of Commercial Agents Regulations - perspectives on the potential impact of Brexit.Table of Contents1. Introduction: what is a commercial contract and how to draft one; 2. Services agreements; 3. Sale and supply of goods agreements; 4. Distribution agreements; 5. Agency agreements; 6. Licensing and franchising agreements; 7. Joint ventures; 8. Competition law aspects; 9. Resolution of commercial disputes; Appendix.

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Book SynopsisThe 2008 financial crisis brought increased scrutiny to the ways in which the directors of the world's major financial institutions handle their duties and how they impact investors, shareholders and consumers. In this comprehensive Handbook, leading scholars from around the world explore the nature of the relationship between a company and its directors, assessing issues such as how duties are discharged, what liabilities may arise and whose interests directors should consider before embarking on commercial ventures.The Handbook begins with chapters that explore the range of company law developments in several common law countries, with further chapters examining the law in several civil law jurisdictions. The Handbook then looks beyond company law to issues such as the role of directors in fostering corporate social responsibility and directors' duties to consumers. The final chapters consider directors' duties in times of financial turmoil.A comprehensive and ground-breaking book of original scholarly research, the Handbook will be a valuable contribution to the libraries of company law scholars and students, as well as to business people with a professional interest in the topic.Contributors: C. Amatucci, A. Anand, V. Brand, T.A. Gabaldon, M.M. Harner, J.G. Hill, S.H. Goo, M. Jaramillo, D. Klingler, A. Lista, J. MacIntosh, A. Paolini, P. Pais de Vanconcelos, S. WatsonTrade Review‘If you are professionally involved in, or merely interested in the financial services industry and its collective stance on such issues as social responsibility as well as profit, you should really acquire this absorbing, carefully researched and very timely book.’ -- The Barrister MagazineTable of ContentsContents: Preface PART I: DIRECTORS’ DUTIES IN THE COMMON LAW LEGAL SYSTEM 1. Evolving Director’s Duties in the Common Law World Jennifer G. Hill 2. Directors' Duties in Canada: Paintings in a Stream? Jeff Mackintosh 3. Directors’ Duties in the UK Andrea Lista 4. Almost Codified almost 20 years on: The Effect of the Companies Act 1993 on the Development of Directors’ Duties in New Zealand Susan Watson PART II: DIRECTORS’ DUTIES IN OTHER JURISDICTIONS 5. Directors’ Duties in Italy Carlo Amatucci 6. Director’s Duties in China Marcos Jamaramillo 7. A Brief Note on Directors’ Duties of Care and Loyalty in Portugal Pedro Pais de Vanconcelos PART III: DIRECTORS’ DUTIES BEYOND COMPANY LAW 8. The Limits of Directors' Duties in Fostering Corporate Social Responsibility and the Idea of a Multi-stakeholder Board S. H. Goo and D. Klingler 9. In Loco Parentis: Directorial Duties to Consumers Theresa A. Gabaldon 10. Connections between Ethics and Directors’ Duties in Australia Vivienne Brand PART IV: DIRECTORS’ DUTIES IN TIMES OF FINANCIAL TURMOIL 11. Navigating Financial Turbulence: Directors’ Duties in the Face of Insolvency Michelle M. Harner 12. Non-executive Directors in Financial Institutions: A Demanding Standard of Care Adolfo Paolini 13. The Relationship between Investors and Corporations after the Financial Crises Anita Anand Index

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Book SynopsisFiduciary duties are widely viewed as essential to myriad private relationships, including guardianships, employment relationships, trusts, business organizations, and professional relationships. Recently, legal scholars and courts have devoted increasing attention to the application of fiduciary principles to public officials and public institutions. Some have argued that fiduciary relationships are unified by a common structure, but courts and commentators typically treat each fiduciary relationship as distinct. As a result, fiduciary law is often viewed as fragmented. The Research Handbook on Fiduciary Law shows that fiduciary law can be a distinctive field of study in its own right. This timely work presents important accounts of fiduciary relationships and new ideas on how fiduciary law can be explained. Coverage includes discussion of fiduciary obligations, fiduciary remedies, the role of equity and trusts, and public fiduciary law. A number of comparative perspectives are introduced to highlight similarities and differences between leading jurisdictions. The chapters in this Research Handbook help to show why this subject has drawn so many distinctive points of view, and sheds new light on a multi-faceted and rapidly growing field of study.This Research Handbook will be of interest to readers concerned with both the theory and practice of fiduciary law, as it incorporates significant new insights and developments in the field. It will also act as a starting point of new inquiry for those looking to contribute to the field themselves. Contributors include: S.M. Bainbridge, S.L. Bray, C.M. Bruner, M. Conaglen, E.J. Criddle, D.A. DeMott, E. Fox-Decent, S. Galoob, M. Gelter, A.S. Gold, M. Harding, G. Helleringer, C. Hill, J. Hill, L.P.Q. Johnson, S.H. Kim, A. Laby, E. Leib, A. Licht, B. McDonnell, P. Miller, D.T. Rave, D.G. Smith, A. Tuch, J. VelascoTrade Review‘The Handbook is an impressive and wide-ranging treatment of various aspects of fiduciary law that has a great deal to say that is of interest and value to someone looking at the subject without a particular corporate or governance interest.’ -- Daniel J Carr, The Edinburgh Law ReviewTable of ContentsContents: Part I Theories of Fiduciary Law 1. Fiduciary Law’s Mixed Messages Evan J. Criddle 2. Interpreting Fiduciary Law Andrew S. Gold 3. Fiduciary Relationships, Fiduciary Law, and Trust Matthew Harding 4. Delimiting Fiduciary Status Julian Velasco Part II Fiduciary Duties 5. The Parable of the Talents Stephen M. Bainbridge 6. Fiduciary Law’s Anti-Corruption Norm Sung Hui Kim 7. Competing Accounts of Fiduciary Obligation Arthur B. Laby 8. Motivation, Information, Negotiation: Why Fiduciary Accountability Cannot be Negotiable Amir N. Licht 9. Dimensions of Fiduciary Loyalty Paul B. Miller Part III Liability and Remedies 10. Punitive Damages Against Trustees? Samuel L. Bray 11. Culpable Participation in Fiduciary Breach Deborah A. DeMott Part IV Corporations 12. Structural Bias, R.I.P.? Claire A. Hill and Brett H. McDonnell 13. Relating fiduciary duties to corporate personhood and corporate purpose Lyman P.Q. Johnson Part V Comparative Fiduciary Law 14. Opting Out of Fiduciary Duties and Liabilities in U.S. and U.K. Business Entities Christopher M. Bruner 15. Directors’ Duties and Legal Safe Harbours: A Comparative Analysis Jennifer G. Hill and Matthew Conaglen 16. Corporate Opportunities in the US and in the UK: How differences in enforcement explain differences in substantive fiduciary duties Martin Gelter and Genevieve Helleringer 17. The Weakening of Fiduciary Law Andrew F. Tuch Part VI Public Fiduciaries 18. Challenges to Public Fiduciary Theory: An Assessment Evan Fox-Decent 19. The Core of Fiduciary Political Theory Stephen R. Galoob and Ethan J. Leib 20. Institutional Competence in Fiduciary Government D. Theodore Rave Index

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Book SynopsisPrinciples of Law and Economics, Third Edition provides a comprehensive yet accessible guide to the field of law and economics. With its focus on principles, and use of illustrative examples, this is the ideal introduction for law students, with or without prior knowledge of economics. The textbook focuses largely on the economics of core areas in common law: property, contract and tort, with additional chapters on criminal law, procedural matters and family law. This updated third edition also includes a chapter on the economics of corporate law that addresses the key issues surrounding the nature of the firm and the incentives attached to corporate legal structures. Key features include:? Clear and succinct language used throughout with limited use of jargon or specialist terms An educational design which is accessible for use by students of law and economics alike? Economic analysis and legal principles treated in a self-contained manner for ease of reference? Legal cases summarized for the benefit of highlighting relevant economic issues ? A focus on the common law, including comparative references to civil law? Review questions at the end of each chapter to encourage further analysis and debate around key topics. The clear and non-technical approach to the subject matter makes this a perfect text for law students, or indeed for students in economics or business studies who are studying law and economics for the first time.Trade Review'Why should law learn from economics and why should economics learn from Law? The new book by Professor Antony Dnes gives the answer. By exploring the standard areas of the law (property, contract, tort, crime, litigation and legal process, family, corporations) with rigorous economic tools and a blend of accessible language and illustrative examples, the book encourages the reader to learn, understand and think about the field of law and economics. Whether looking for a first immersion into this legal methodology or just searching for new applications, all will benefit from the author's clear writing and deep knowledge of the literature. Lawyers, economists, social scientists and policymakers should make this their turn-to book.' --Nuno Garoupa, Texas A&M University, School of Law, US'This book provides a well-structured introduction into the economic analysis of law, which is easily accessible for lawyers and social scientists. The new section of economic aspects of corporate law is a very valuable amendment in particular for management students.' --Roland Kirstein, Otto-von-Guericke-University Magdeburg, Germany and German Law and Economics AssociationTable of ContentsContents: 1. Introduction 2. Property Rights 3. Conflicts over Property Rights 4. Contract Formation and Evolution 5. Breach of Contract 6. Economics of Torts 7. Economics of Crime 8. Litigation and Legal Procedure 9. Economics of Family Law 10. Economic Aspects of Corporate Law Cases, Statutes, and References Index

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Book SynopsisThis discerning and detailed Research Handbook examines the law of trademarks, unfair competition, and dilution from a variety of law and economics perspectives. With a comprehensive exploration of trademarks and trademark law, it provides an excellent illustration of the analytical diversity that the law and economics approach can bring to legal issues.The Research Handbook investigates the law and economics of trademark enforcement and of alternative enforcement mechanisms. With chapters exploring the strengths, weaknesses, and insights of law and economics as applied to trademark law generally, this Research Handbook revisits and expands some of the leading law and economics analyses of trademark law. Chapters also include a series of case studies that examine the law and economics of trademark protection in specific industries or through specific trademark doctrine.Meticulously written by internationally renowned experts in the field, this Research Handbook will prove to be a useful resource for academics interested in law, business, and marketing. Trademark law professionals and practitioners will also find this to be a beneficial read.Table of ContentsContents: Introduction to the Research Handbook on the Law and Economics of Trademark Law 1 Glynn S. Lunney, Jr. PART I CONCEPTUAL FRAMEWORKS 1 An introduction to the law and economics of trademarks 5 Glynn S. Lunney, Jr. 2 The economic foundations of European dilution law 37 Ilanah Fhima 3 Trademarks and supply chains: the costs and benefits of organisational flexibility 59 Andrew Griffiths 4 Do trademarks reduce search costs in the age of information? 92 Christine Haight Farley PART II LEGAL AND ALTERNATIVE ENFORCEMENT MECHANISMS 5 Administrative revocation in trademark law 122 Saurabh Vishnubhakat 6 Revisiting the viability of shaming trademark bullies 140 Leah Chan Grinvald 7 “It’s how you made us feel”: consumer investment theory explains the toppling of racist brands 153 Deborah R. Gerhardt PART III CASE STUDIES 8 Cultural heritage branding: societal costs and benefits 177 Martin Senftleben 9 Trademark theory in an antitrust case: FTC v. 1-800 Contacts 193 Rebecca Tushnet 10 Collegiality costs: trademark scarcity and craft beer’s politeness problem 213 Zahr Said 11 Fanmarks 248 Betsy Rosenblatt 12 Trade dress functionality: complex trade-offs between various types of economic efficiency 280 Apostolos G. Chronopoulos 13 Informational capacity, regulation, and certification marks 307 David A. Simon 14 Trademarks, trade dress, and the patient costs of pharmaceutical branding 343 Sam F. Halabi 15 The comparative law and economics of counterfeits and post-sale confusion 363 Peter K. Yu PART IV REMEDIES 16 The disgorgement remedy of US trademark law 387 Pamela Samuelson and Mark P. Gergen 17 The path of the trademark injunction 403 Jake Linford Index 432

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Book SynopsisThis magisterial research review presents and analyses the leading academic articles on agency law and partnership law, both classic and contemporary. The review begins by focusing on topics such as the fundamental concepts of agency law, the fiduciary duties of agents, indemnification, vicarious liability and notice. It moves on to discussion of several important issues relating to partnership law, such as statutory development and reform, the entity-aggregate debate and single-person partnership. This study provides a comprehensive overview of the most significant matters in the fields of agency and partnership law and will serve as a valuable tool for scholars and practitioners alike.Trade Review‘Mark Loewenstein and Robert Hillman, who are themselves highly knowledgeable and widely respected scholars of agency and partnership law, have done a great service by assembling a collection of leading articles by giants of the field. Many of these articles were game changers, shifting the law in important ways. All of them reward close reading by anyone seeking to build their knowledge of this important area of the law.’Table of ContentsContents: Acknowledgements Introduction Mark J. Loewenstein and Robert W. Hillman AGENCY PART I FUNDAMENTAL CONCEPTS 1. O. W. Holmes, Jr. (1891), ‘Agency’, Harvard Law Review, IV (8), March, 345–64 2. Oliver Wendell Holmes, Jr. (1891), ‘Agency II’, Harvard Law Review, V (1), April, 1–23 3. John H. Wigmore (1894), ‘Responsibility for Tortious Acts: Its History’, Harvard Law Review, VII (6), January, 315–37 4. John H. Wigmore (1894), ‘Responsibility for Tortious Acts: Its History – II: Harm Done by Servants and other Agents: 1300–1850’, Harvard Law Review, VII (7), February, 383–405 PART II THE AGENCY RELATIONSHIP IN IMPORTANT CONTEXTS 5. J. Dennis Hynes (1991), ‘Lender Liability: The Dilemma of the Controlling Creditor’, Tennessee Law Review, 58, Summer, 635–68 6. Lyman P. Q. Johnson and David Millon (2005), ‘Recalling Why Corporate Officers Are Fiduciaries’, William and Mary Law Review, 46 (5), 1597–653 7. Grace M. Giesel (2007), ‘Client Responsibility for Lawyer Conduct: Examining the Agency Nature of the Lawyer-Client Relationship’, Nebraska Law Review, 86 (2), 346–95 8. Donald C. Langevoort (2003), ‘Agency Law Inside the Corporation: Problems of Candor and Knowledge’, University of Cincinnati Law Review, 71 (4), Summer, 1187–231 9. Jill E. Fisch and Hillary A. Sale (2003), ‘The Securities Analyst as Agent: Rethinking the Regulation of Analysts’, Iowa Law Review, 88, 1035–98 10. Anthony J. Bellia Jr. (2001), ‘Contracting with Electronic Agents’, Emory Law Journal, 50, 1047–92 PART III THE AGENT’S FIDUCIARY DUTIES 11. Austin W. Scott (1949), ‘The Fiduciary Principle’, California Law Review, 37 (4), December, 539–55 12. Robert Cooter and Bradley J. Freedman (1991), ‘The Fiduciary Relationship: Its Economic Character and Legal Consequences’, New York University Law Review, 66, October, 1045–75 13. Deborah A. DeMott (1988), ‘Beyond Metaphor: An Analysis of Fiduciary Obligation’, Duke Law Journal, 1988, 879–924 14. Tamar Frankel (1983), ‘Fiduciary Law’, California Law Review, 71 (3), May, 795–836 15. Deborah A. DeMott (2014), ‘The Fiduciary Character of Agency and the Interpretation of Instructions’, in Andrew S. Gold and Paul B. Miller (eds), Philosophical Foundations of Fiduciary Law, Part IV, Chapter 16, New York, NY, USA: Oxford University Press, 321–38 PART IV INDEMNIFICATION 16. Roscoe Steffen (1958), ‘The Employer’s “Indemnity” Action’, University of Chicago Law Review, 25 (3), Spring, 465–94 17. Glanville Williams (1957), ‘Vicarious Liability and the Master’s Indemnity’, Modern Law Review, 20 (3), May, 220–35 18. Glanville Williams (1957), ‘Vicarious Liability and the Master’s Indemnity, Continued’, Modern Law Review, 20 (5), September, 437–46 PART V VICARIOUS LIABILITY 19. Gary T. Schwartz (1996), ‘The Hidden and Fundamental Issue of Employer Vicarious Liability’, Southern California Law Review, 69, 1739–67 20. Alan O. Sykes (1988), ‘The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines’, Harvard Law Review, 101 (3), January, 563–609 21. B. Glenn George (1999), ‘Employer Liability for Sexual Harassment: The Buck Stops Where?’, Wake Forest Law Review, 34 (1), 1–25 PART VI UNDISCLOSED PRINCIPAL DOCTRINE 22. Floyd R. Mechem (1910), ‘The Liability of an Undisclosed Principal I’, Harvard Law Review, 23 (7), May, 513–30 23. Floyd R. Mechem (1910), ‘The Liability of an Undisclosed Principal II’, Harvard Law Review, 23 (8), June, 590–602 24. James Barr Ames (1909), ‘Undisclosed Principal – His Rights and Liabilities’, Yale Law Journal, XVIII (7), May, 443–53 25. Mark A. Sargent and Arnold Rochvarg (1982), ‘A Reexamination of the Agency Doctrine of Election’, University of Miami Law Review, 36 (3), 411–37 26. Randy E. Barnett (1987), ‘Squaring Undisclosed Agency Law with Contract Theory’, California Law Review, 75 (6), December, 1969–2003 PART VII NOTICE, KNOWLEDGE AND IMPUTATION 27. Warren A. Seavey (1916), ‘Notice through an Agent’, University of Pennsylvania Law Review and American Law Register, 65 (1), November, 1–38 28. Maurice H. Merrill (1936), ‘Unforgettable Knowledge: A Study in the Law of Notice’, Michigan Law Review, 34 (4), February, 474–93 29. Mark J. Loewenstein (2013), ‘Imputation, the Adverse Interest Exception, and the Curious Case of the Restatement (Third) of Agency’, University of Colorado Law Review, 84 (2), 305–66 Volume II Contents: Introduction An introduction to all three volumes by the editors appears in Volume I AGENCY PART VIII AGENCY COST THEORY 1. Samuel Issacharoff and Daniel R. Ortiz (1999), ‘Governing through Intermediaries’, Virginia Law Review, Symposium: The Law and Economics of Elections, 85 (8), November, 1627–70 2. Douglas G. Baird (1991), ‘Fraudulent Conveyances, Agency Costs, and Leveraged Buyouts’, Journal of Legal Studies, XX (1), January, 1–24 PART IX AN AGENT’S AUTHORITY 3. Gregory Scott Crespi (2005), ‘The Proposed Abolition of Inherent Agency Authority by the Restatement (Third) of Agency: An Incomplete Solution’, Santa Clara Law Review, 45 (2), 337–82 4. Deborah A. DeMott (2014), ‘The Contours and Composition of Agency Doctrine: Perspectives from History and Theory on Inherent Agency Power’, University of Illinois Law Review, 2014 (5), 1813–33 PART X ECONOMIC ANALYSIS 5. Eric Rasmusen (2004), ‘Agency Law and Contract Formation’, American Law and Economics Review, 6 (2), Fall, 369–409 6. Lewis A. Kornhauser (1982), ‘An Economic Analysis of the Choice Between Enterprise and Personal Liability for Accidents’, California Law Review, 70 (6), December, 1345–92 PART XI INDEPENDENT CONTRACTORS 7. Benjamin Means and Joseph A. Seiner (2016), ‘Navigating the Uber Economy’, University of California, Davis Law Review, 49 (4), April, 1511– 46 8. Roscoe T. Steffen (1935), ‘Independent Contractor and the Good Life’, University of Chicago Law Review, 2 (4), June, 501–32 PARTNERSHIP PART I STATUTORY DEVELOPMENT AND REFORM: THE UNIFORM PARTNERSHIP ACTS (UPA AND RUPA) 9. William Draper Lewis (1915), ‘The Uniform Partnership Act’, Yale Law Journal, XXIV (8), June, 617–41 10. Judson A. Crane (1915), ‘The Uniform Partnership Act: A Criticism’, Harvard Law Review, 28 (8), June, 762–89 11. William Draper Lewis (1915), ‘The Uniform Partnership Act – A Reply to Mr. Crane’s Criticism’, Harvard Law Review, 29 (2), December, 158–92 12. Donald J. Weidner and John W. Larson (1993), ‘The Revised Uniform Partnership Act: The Reporters’ Overview’, Business Lawyer, 49 (1), November, 1–44 13. Larry E. Ribstein (1993), ‘The Revised Uniform Partnership Act: Not Ready for Prime Time’, Business Lawyer, 49 (1), November, 45–82 PART II THE ENTITY-AGGREGATE DEBATE 14. Gary S. Rosin (1989), ‘The Entity-Aggregate Dispute: Conceptualism and Functionalism in Partnership Law’, Arkansas Law Review, 42, 395–466 PART III SINGLE PERSON PARTNERSHIP 15. Robert W. Hillman and Donald J. Weidner (2012), ‘Partners without Partners: The Legal Status of Single Person Partnerships’, Fordham Journal of Corporate and Financial Law, XVII (2), 449–73 PART IV RELATIONSHIPS AMONG PARTNERS: CONTRACTS AND FIDUCIARY STATUS 16. Allan W. Vestal (1993), ‘Fundamental Contractarian Error in the Revised Uniform Partnership Act of 1992’, Boston University Law Review, 73 (4), September, 523–79 17. J. Dennis Hynes (1997), ‘Freedom of Contract, Fiduciary Duties, and Partnerships: The Bargain Principle and the Law of Agency’, Washington and Lee Law Review, 54 (2), 439–64 18. Robert W. Hillman (1987), ‘Private Ordering Within Partnerships’, University of Miami Law Review, 41 (3), January, 425–71 19. Larry E. Ribstein (2005), ‘Are Partners Fiduciaries?’, University of Illinois Law Review, 2005 (1), 209–51 20. Claire Moore Dickerson (1993), ‘Is it Appropriate to Appropriate Corporate Concepts: Fiduciary Duties and the Revised Uniform Partnership Act’, University of Colorado Law Review, 64, 111–57 21. Paul Gompers and Josh Lerner (1996), ‘The Use of Covenants: An Empirical Analysis of Venture Partnership Agreements’, Journal of Law and Economics, XXXIX (2), October, 463–98 22. Rutheford B. Campbell, Jr. (2007–2008), ‘Bumping Along the Bottom: Abandoned Principles and Failed Fiduciary Standards in Uniform Partnership and LLC Statutes’, Kentucky Law Journal, 96 (2), 163–95 23. J. William Callison (1997), ‘Blind Men and Elephants: Fiduciary Duties under the Revised Uniform Partnership Act, Uniform Limited Liability Company Act, and Beyond’, Journal of Small and Emerging Business Law, 1 (1), Spring, 109–64 24. Myron T. Steele (2007), ‘Judicial Scrutiny of Fiduciary Duties in Delaware Limited Partnerships and Limited Liability Companies’, Delaware Journal of Corporate Law, 32 (1), 1–32 Volume III Contents: Acknowledgements Introduction An introduction to all three volumes by the editors appears in Volume I PARTNERSHIP PART V PARTNERSHIP PROPERTY 1. Edward S. Merrill (1993), ‘Partnership Property and Partnership Authority Under the Revised Uniform Partnership Act’, Business Lawyer, 49 (1), November, 83–105 PART VI LIMITED LIABILITY 2. Alan L. Feld (1969), ‘The “Control” Test for Limited Partnerships’, Harvard Law Review, 82 (7), May, 1471–84 3. Larry E. Ribstein (1992), ‘The Deregulation of Limited Liability and the Death of Partnership’, Washington University Law Quarterly: Symposium on Corporate Law and Finance, 70 (2), January, 417–75 4. Robert W. Hillman (1992), ‘Limited Liability and Externalization of Risk: A Comment on the Death of Partnership’, Washington University Law Quarterly: Symposium on Corporate Law and Finance, 70 (2), January, 477–87 5. Robert R. Keatinge, Allan G. Donn, George W. Coleman and Elizabeth G. Hester (1995), ‘Limited Liability Partnerships: The Next Step in the Evolution of the Unincorporated Business Organization’, Business Lawyer, 51 (1), November, 147–207 6. Robert W. Hamilton (1995), ‘Registered Limited Liability Partnerships: Present at the Birth (Nearly)’, University of Colorado Law Review, 66, 1065–103 PART VII DISSOLUTION AND BANKRUPTCY 7. Alan R. Bromberg (1965), ‘Partnership Dissolution – Causes, Consequences, and Cures’, Texas Law Review, 43, 631–68 8. Christine Hurt (2015), ‘The Limited Liability Partnership in Bankruptcy’, American Bankruptcy Law Journal, 89 (4), Fall, 567–606 PART VIII THE CHANGING NATURE OF PARTNERSHIP 9. Robert W. Hillman (2005), ‘Law, Culture, and the Lore of Partnership: Of Entrepreneurs, Accountability, and the Evolving Status of Partners’, Wake Forest Law Review, 40 (3), Fall, 793–825 PART IX PARTNERSHIP LAW AND THE PROFESSIONAL SERVICES FIRM 10. Serena L. Kafker (1993), ‘Golden Handcuffs: Enforceability of Non-Competition Clauses in Professional Partnership Agreements of Accountants, Physicians, and Attorneys’, American Business Law Journal, 31 (1), May, 31–58 11. Ronald J. Gilson and Robert H. Mnookin (1985), ‘Sharing Among the Human Capitalists: An Economic Inquiry into the Corporate Law Firm and How Partners Split Profits’, Stanford Law Review: Symposium on the Law Firm as a Social Institution, 37 (2), January, 313–92 12. Robert W. Hillman (1988), ‘Law Firms and Their Partners: The Law and Ethics of Grabbing and Leaving’, Texas Law Review, 67 (1), November, 1–61 13. Jennifer J. Johnson (1995), ‘Limited Liability for Lawyers: General Partners Need Not Apply’, Business Lawyer, 51 (1), November, 85–145 14. Susan Saab Fortney (1998), ‘Professional Responsibility and Liability Issues Related to Limited Liability Law Partnerships’, South Texas Law Review, 39 (2), 399–444 15. Douglas R. Richmond (2010), ‘The Partnership Paradigm and Law Firm Non-equity Partners’, Kansas Law Review, 58 (3), 507–51 Index

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Book SynopsisExits are the lifeblood of private equity: for private equity investors, at the top of their list of priorities when making an investment is an understanding of when and how they will realise it in due course. The methods of exiting private equity investments have developed over the years, and particularly as a result of the hyper-competitive market for quality assets and disruption caused by global macro-economic events such as the novel coronavirus pandemic. To the usual trade sales and initial public offerings (IPOs) have been added secondary, tertiary (and more) buy-outs, refinancings, partial sales, private equity house spin-outs, liquidations and an increasing number of “fund-to-fund” transfers. In these uncertain times, private equity houses will continue to put a significant focus on what options might be available to them to realise their portfolio investments, being mindful of not just the economic risks, but also the legal, tax, regulatory and reputational issues at stake. Management teams are key to this process and their economic, commercial and personal priorities cannot be underestimated in what is a very complex environment of often conflicting aspirations. This practical guide features contributions by leading specialists (including from Latham & Watkins, Linklaters, Macfarlanes and Ropes & Gray) on a range of topics linked to the exit of private equity investments. Topics featured include preparing for exits, vendor diligence, management issues, auction sales, partial exits, private equity house spin-outs, IPOs, refinancing, winding-up, tax and perspectives from Luxembourg, the US and views on the emerging markets. The third edition also includes analysis on emerging and established trends impacting exit terms, including early management liquidity, the prevalence of insurance solutions and related party or fund-to-fund exits. Together, the contributors provide an invaluable guide to the legal, regulatory, tax and practical elements in play. Whether you are a lawyer in practice or in-house, this commercially focused title will provide you with an invaluable all-round overview of private equity exits.Table of ContentsIntroduction 5 Tom D Evans Latham & Watkins Auction sales 7 Tim Wright DLA Piper UK LLP Vendor diligence 21 Stephen Drewitt Macfarlanes LLP Partial exits 31 Neil Campbell Maarten Overmars Latham & Watkins Private equity house spin-outs 51 Lucy Gillett Amy Mahon Simpson Thacher & Bartlett LLP GP-led fund restructuring as a portfolio exit mechanism 69 Tom Alabaster Lavanya Raghavan Ropes & Gray Warranty and indemnity insurance 77 Sachin Kucheria Caroline Rowlands Howden M&A Private equity sponsored IPOs 91 Chris Boycott Tom Thorne Linklaters Winding-up 113 Philip Hertz John MacLennan Gabrielle Ruiz Clifford Chance LLP Management issues 139 Emma Danks Taylor Wessing LLP Private equity exits: financing perspective 151 John Dawson Patrick Donegan CMS Cameron McKenna Nabarro Olswang LLP Tax issues 163 Sean Finn Latham & Watkins Private equity exits: a Luxembourg perspective 179 Pierre Beissel Claire Guilbert Arendt & Medernach US private equity exits: key differences from UK practice 207 Howard Sobel Vi Thai Tran Latham & Watkins Emerging markets exits221 Kem Ihenacho Linzi Thomas Latham & Watkins About the authors 229 Index 237 About Globe Law and Business 248

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Book SynopsisThis book explores questions of transnational private legal theory in the context of the external dimension of EU private law. The interaction between existing theories of transnational ordering and the external reach of European Regulatory Private Law is articulated through the examination of what are found to be the three major proxies of transnational private ordering: private standards, contracts and codes. Chapters survey the absence of jurisdictional restrictions in the transnational space and how the EU is arguably shaping transnational private governance to pursue regulatory aims. These regulatory endeavours span not only institutional structures and substantive rules but also the values that inform them. Leading contributors provide insights into a broad range of transnational governance considerations, from the standardization of the internet and contracts in energy exchanges to private food safety standards. The Role of the EU in Transnational Legal Ordering will be of interest to students and scholars working in the areas of EU law, regulatory law, international law, transnational governance, and private law. EU law practitioners and policy-makers will also find the analysis of key elements of EU regulation beneficial. Contributors include: C. Busch, M. Cantero Gamito, L. de Almeida, T. Juutilainen, A. Marcacci, M. Mataija, H.-W. Micklitz, M. Paz de la C. de los Mozos, K. Pijl, G. Spindler, R. Vallejo, R. van Gestel, P. van Lochem, P. Verbruggen, B. WarwasTrade Review'The book fills an important gap between the literature on EU external relations and the literature on transitional (private) law as well as global administrative law. The book is certainly a very recommended read: for public and private law researchers with an interest in standardization on EU and global level; for scholars that work in the blurring borderline of public law and private regulation; and to practitioners working in the respective fields covered in the book chapters who may find it is of value to them.' -- Sabrina Röttger-Wirtz, Review of European Administrative Law'This fascinating book breaks important new ground in exploring the private mechanisms of transnational legal ordering through contracts, standards, and codes. It shows the major role played by the European Union, even given the serious internal challenges the EU faces.' --Gregory Shaffer, Georgetown University Law Center, US'The private dimension of the EU's external governance is a topic that is important yet under-explored. This book brings a rich set of diverse contributions under a unified conceptual framework, advancing a conversation that anyone interested in global governance, transnational legal order, or the EU's global role will find highly valuable.' --Anu Bradford, Columbia Law School, USTable of ContentsContents: PART I INTRODUCTION: THE CONCEPTUAL DIMENSION 1 The role of the EU in the transnational governance of standards, contracts and codes 2 Marta Cantero Gamito PART II THE ROLE OF THE EU IN THE TRANSNATIONAL GOVERNANCE OF STANDARDS, CONTRACTS AND CODES 2 Private standards as a replacement for public lawmaking? 27 Rob van Gestel and Peter van Lochem 3 Private food safety standards, private law and the EU: exploring the linkages in constitutionalization 54 Paul Verbruggen 4 EU rules and values, transnational legal ordering, and international arbitration 80 Barbara Warwas 5 The standardization of the internet and the international harmonization of ecommerce 100 Gerald Spindler 6 Self-regulation and regulatory intermediation in the platform economy 115 Christoph Busch 7 Private standard setting in the TBT Agreement: control and recognition 135 Mislav Mataija 8 Standardization of standard contracts: fairness in EU energy exchanges 155 Lucila de Almeida 9 EU Securitisation Regulation: legal ordering in symbiosis with transnational bodies 180 Teemu Juutilainen 10 Standardizing intrafirm processes worldwide: product governance between IOSCO and the EU 200 Antonio Marcacci 11 SME inclusion: codes of conduct in the food supply chain 221 María Paz de la Cuesta de los Mozos 12 The Dutch Banking Agreement on Human Rights: a blueprint for EU governance? 239 Kinanya Pijl PART III CONCLUSIONS: THE NORMATIVE DIMENSION 13 Voyaging through standards, contracts, and codes: the transnational quest of European regulatory private law 265 Rodrigo Vallejo 14 Epilogue: the role of the EU in the external reach of regulatory private law – gentle civiliser or neoliberal hegemon? 299 Hans-W. Micklitz Index 322

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Book SynopsisA brand is more than a snazzy logo – but what else is there to consider when building a brand? Do you really need a brand for business success? And what has intellectual property got to do with anything?A strong, authentic brand is what makes your business stand out from the crowd – and what drives long term success. But the branding industry can be an overwhelming minefield, full of conflicting advice and multiple disciplines – so how do you navigate your way through the process? That’s where Brand Tuned comes in. With the step-by-step TUNED methodology, you will:• define your brand to drive the business forward and help it stand out• know what brand promise will attract your ideal client• pick a name that will put you “front of mind”• ensure that the design elements you choose are distinctive and ‘ownable’• train your team to live the brand.Drawing from evidence-based research, interviews with experts, and years of experience supporting businesses, Brand Tuned is the first branding guide written by an intellectual property lawyer who specialises in trademarks and brands. By incorporating the principles of intellectual property law right from the start of the process, branding expert Shireen Smith will show you how to create and build the brand that is right for you and your business – while avoiding the potential pitfalls.Shireen Smith is an intellectual property lawyer specialising in trademarks and brands, with years of experience in marketing small businesses. Her TUNED framework is designed to guide you to create a brand that attracts sales for the long term.Trade ReviewAs someone dipping my pinkie toe into branding, marketing, and digital art, I found this book incredibly helpful. Her fresh perspective coming from a law background was instrumental in steering me on the right path with my business and I highly recommend anyone considering a path in branding or IP to pick this book up! It's a quick, informative read! * NetGalley *Well organized and perfectly written, Brand Tuned is a bedside book for any entrepreneur who takes their business journey seriously. It approaches branding as a strategy to help you to start your brand journey one step ahead. From its cleverly structured methodology to well-presented research, this book will surely become a guide for businesses of any size. * Amazon *Anyone involved with setting up or growing a business will benefit enormously from the insight provided by this book into the world of branding. All aspects are thoroughly covered in a way which is both enjoyably readable and positively instructive. * Amazon *Table of ContentsPart 1 – What is a brand and why does it matter?IntroductionThe UK TV program Grand Designs shows how a building project is achieved with the involvement of several disciplines. Creating unique Brand Tuned needs to similarly involve various disciplines. Intellectual property, in particular, is not an appropriate subject to leave till after the brand is created. As Steve Jobs highlighted, design means how it works, not just how it looks. The book explains how the Intellectual property dimension of brands impacts branding, and why visual identity needs to be the final step, not the first one. It incorporates interviews with subject experts from the fields of design, marketing, PR, digital marketing, SEO, and intellectual property valuationChapter 1 – What is A Brand? Why Is Branding Important?Understanding what brand and branding mean is fundamental to getting a better outcome from branding. CEOs and other target audiences of the book would benefit from developing their knowledge of branding. There are many myths and misinformation surrounding this subject, particularly the intellectual property dimension of it. I will try to interview a high profile individual for this chapter on the importance of IP, possibly Deborah MeadonChapter 2 – The 3 Fundamental Problems in BrandingThe branding industry includes many new media companies, such as web designers who provide branding services as a secondary activity. Many are unaware of the business purpose of branding, and the role of intellectual property in their work. The industry tends to separate branding from intellectual property, leading to problems. Unlike big business, founders of small businesses do not have a brand manager to take care of their brand needs. Even large companies can lack an understanding of the role of IP in branding. Richard Kirstein and Anne. H. Chasser & Jennifer C. WolfePart 2 – TUNED methodology - Think IP First1st Component of TUNEDChapter 3 – Using an inter-disciplinary approach to brandingThe world has changed, so must branding. It needs to take account of IP so IP and branding are dealt with together. Branding in the 21st century needs to be inter-disciplinary. This partly involves professionals expanding their expertise to include related disciplines, such as for lawyers to include branding as part of their skillset, or designers to also cover strategy, communications, marketing or PR too, A wider range of skills is especially needed when supporting smaller businesses. Focus on the Brand Rewired book, as well as considering Aaker’s book on Spanning Silos Anne. H. Chasser & Jennifer C. Wolfe. Lucy Wern, Seek comments from Aaker,Chapter 4 –Think IP First! Is the first component of TUNEDIP is about erecting barriers to entry, a moat around your business as Warren Buffet calls it. A review of what brand elements are protectable, and how these considerations impact the approach to designing a business and brand. Leaving IP till after Brand Tuned is the wrong way around. Branding needs to start with IP, and deal with designs last. International nature of IP principles will be highlighted. Stephen Robertson. A visual representation of the TUNED model.Part 3 – TUNED methodology - Understand your Market2nd Component of TUNEDChapter 5- Understanding Customers and Competitors Understanding your client and market are the focus of this chapter. Identifying what customers want and need is key to success for any brand. This involves knowing who your competition is, and what market you’re in. Competition is not just direct competitors. It also includes indirect competitors who may have similar offerings or entirely different ones that enable customers to achieve similar outcomes in different ways. This involves finding groups of people based on their psychographics, worldviews, life stage, priorities, attitudes to life, rather than focusing purely on demographics, and creating personas. Byron Sharp research findings. Mark Ritson, JP Hanson, Phil BardonChapter 6 - Key role of positioning.What moves the needle in branding? Here I will also look at the evidence-based research, and how it impacts brand strategy, outlining the Ehrenberg-Bass institute’s evidence-based research from Byron Sharp from his books How Brands Grow, and also from Jenni Romaniuk’s book Distinctive brand assets. They introduce fresh thinking that impact certain areas of branding such as purpose. and differentiation, The chapter considers positioning in more depth, highlighting Seth Godin’s distinction between positioning and differentiation. Byron Sharp, Jenni Romaniuk, Comments from Mark Ritson and Seth Godin will be sought too.Part 4 – TUNED methodology - Name it right!3rd component of TUNED Chapter 7 – Considerations When Choosing the NameDiscuss the different approaches to brand naming – “house of brands” and “house brands” and the hybrid approach to brand hierarchy. Coca Cola, and Proctor & Gamble case studies of brands that changed their approach to use an endorsed approach a few years ago. Jeremy Miller,Chapter 8 – Use own name?When is it appropriate to use the founder’s own name for a business? Pros and cons of using the founders name as the name of the business brand. Explore this topic thoroughly here so chapter 11 just refers back to this chapter when covering proper names as a type of brand name. Dell, Disney, Marks & Spencer, Clarks, and many other examples of brands using founder’s own name. Relevance of such a choice to the chapter on the importance of building own personal brand in business will also be touched on here and expanded upon in chapter 15. Jeremy Miller, Rand FishkinChapter 9 – How SEO, Online Visibility and Marketing impact brandingThe internet impacts every industry. It is constantly evolving and changing. Our approach to branding needs to keep up, and not hold onto outdated notions, such as the continuing emphasis on the need to own the .com domain of a proposed brand name. SEO considerations that impact marketing imperatives should not override branding fundamentals. Choosing generic brand names is misguided because branding involves using a unique and distinctive name. It’s doubly important to use a unique name when going global. There is widespread confusion about which considerations should prevail when it comes to names and keywords. Rand Fishkin Chapter 10 – Choosing the name.The right way to go about naming. 5 types of name: descriptive, suggestive, names that have a dictionary meaning, proper names, made up names. Why descriptive and certain other name choices, such as well-known initials that stand for something like KPI, key performance indicator should be avoided. Will illustrate types of name by using examples drawn from the latest Interbrand list of top 50 brands. Brand value and names. Darlene Hart of US Tax and Financial Planning. Stephen Robertson. Interbrand representative on naming. Part 5 – TUNED methodology- Establish the Brand Strategy!4th component of TUNED Chapter 11 – What is Brand Strategy? How does it impact branding?Setting the brand strategy plays an important part in developing and growing the brand to reflect the promise the business wants to be known for. It’s the pre cursor to naming and visual designs. Drawing from the book Marketing Myopia by Theodore Levitt this chapter covers the importance of thinking about business fundamentals such as ‘What business are you really in?’ Kodak and Blockbuster case studies. Also, 6 Ps are outlined for determining the brand strategy: Purpose, Principles, Positioning, People, Product, Personality. Michael Johnson. JP Hanson (Image of Maslow’s Hierarchy of needs)Chapter 12 – How to plan your strategy.The core of your brand strategy is your vision, mission and values. These are the basis on which to build the strategy, and to use to align it to your products and processes. Asking a series of Why, What, Who and How questions to uncover some common areas of thinking needed to set the strategic direction of the brand, The strategy will play a major role in determining the brand story, and messaging, as well as internally to inspire and motivate the team. Consider the brand book and begin thinking about what messages to communicate and how. Part 6 – TUNED methodology - Drive the Brand Strategy!5th component of TUNEDChapter 13 Drive the Brand Strategy! – the fifth component of TUNEDOnce the strategy for the brand has been established involve designers to create a visual identity that can best reflect the brand promise. Marty Neumier’s ideas about importance of enabling the creatives who are designing the brand to revisit the strategy as part of considering the visual approach. Jenni Romaniuk’s book Distinctive Brand Assets impacts branding choices. The design considerations need to bear in mind what is ownable as IP. Jack Wills trade mark dispute case study, and example of Azrights development of Ram icon. Interviews with Marty Neumier, Jenni Romaniuk,, Laura Ries. Images of Azrights Ram icon. Jack Wills icon. Ehrenberg-Bass institute’s Owl icon. Visual icons of some famous businesses that evoke their names, Compare the Market logo. Nike’s swoosh, MacDonald’s M, Coca Cola’s bottle, Apple’s apple, Rolls RoycePart 7 – Brand buildingChapter 14 –Promoting the brand.Driving the brand strategy also impacts how you promote the brand internally and externally, and communicate brand messages. Draw from Byron Sharp’s How Brands Grow to illustrate some ways it impacts marketing and branding. Brand building on social media, being omni-present- being everywhere, visible, and recognizably the brand. Budget constraints for smaller businesses, and how to manage this as they grow. Promoting the brand internally to support the culture and to motivate the team to make on brand decisions. Using the brand to guide recruitment. Tony Hsieh, Katie BurkeRand Fishkin. Will Critchlow. Byron SharpChapter 15 – Personal, Business and Product BrandingDiscusses the importance of having clarity around your personal and business aspirations and aligning the two so you build the right business. Unless the founders own name is being used for the brand, it’s essential to promote a triage of brands, the brand name, as well as the personal brand of the CEO, and also key product brands. Trend towards using personal brands of individual team members to promote the business brand. Stephen Robertson.ConclusionThe environment of the 21st century calls for a rethink of society’s approach to branding. More education is needed for the many businesses that offer branding services to update their thinking, particularly around intellectual property and its role in branding. AppendixesDocument to assist when identifying a new name.Brand strategy document, including checklistsBrand book document and what needs to be included in it

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This important Advanced Introduction considers the multiple ways in which law and entrepreneurship intertwine. Shubha Ghosh expertly explores key areas defining the field, including lawyering, innovation policy, intellectual property and economics and finance, to enhance both legal and pedagogical concepts.Key features include: a survey of critical scholarly articles in the field of law and entrepreneurship analysis of challenges to legal professions in the new technological environment traces the roots of law and entrepreneurship to scholarly study of intellectual property. This Advanced Introduction will be a useful resource for scholars and instructors in law and business schools who teach courses on innovation and entrepreneurship. Students at both undergraduate and postgraduate levels will also appreciate the insights provided into the basic concepts, methods and future research directions.Table of ContentsContents: 1. Concepts 2. Lawyering and entrepreneurship 3. Social entrepreneurship 4. Intellectual property law and entrepreneurship 5. Entrepreneurship and innovation policy 6. Economics, markets and entrepreneurship 7. Finance and entrepreneurship 8. Future directions Selected bibliography Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This important Advanced Introduction considers the multiple ways in which law and entrepreneurship intertwine. Shubha Ghosh expertly explores key areas defining the field, including lawyering, innovation policy, intellectual property and economics and finance, to enhance both legal and pedagogical concepts.Key features include: a survey of critical scholarly articles in the field of law and entrepreneurship analysis of challenges to legal professions in the new technological environment traces the roots of law and entrepreneurship to scholarly study of intellectual property. This Advanced Introduction will be a useful resource for scholars and instructors in law and business schools who teach courses on innovation and entrepreneurship. Students at both undergraduate and postgraduate levels will also appreciate the insights provided into the basic concepts, methods and future research directions.Table of ContentsContents: 1. Concepts 2. Lawyering and entrepreneurship 3. Social entrepreneurship 4. Intellectual property law and entrepreneurship 5. Entrepreneurship and innovation policy 6. Economics, markets and entrepreneurship 7. Finance and entrepreneurship 8. Future directions Selected bibliography Index

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Book SynopsisThis important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice.Key Features: Examination of the position of all stakeholders in an insolvent company, both before and during an insolvency regime Specialist explanation of what corporate governance entails and the recent developments that have occurred in relation to corporate governance as it affects insolvent companies In-depth consideration of the role of creditors, shareholders, the Insolvency Service, special managers and creditors’ committees during periods of insolvency as well as the role and functions of directors and insolvency practitioners who are the main focus Offering critical advice and bringing awareness of important issues, Corporate Governance and Insolvency will be a key reference work for lawyers and insolvency practitioners. The legal analysis provided will also be valuable to academics and students of corporate and insolvency law and governance.Trade Review‘While the book is highly technical and addresses a specific aspect of insolvency law, the accessibility of the language used will benefit researchers or students new to this top. Overall, this work deserves a place on the shelves of anyone with an interest in the corporate governance aspects of insolvency law. In particular, the book will appeal to lawyers and insolvency practitioners, as well as domestic and international higher-education students, early career academics, as well as more senior scholars.’ -- International Company and Commercial Law Review (ICCLR)‘This book, written by three well-credentialed UK lawyers, is an ambitious and important project. While the book is written with mostly English law references, it is relevant for Australian readers. This is particularly so, as Australia and many other parts of the world enter a less certain time for companies under pressure with longer-term pandemic impact and rising interest rates. There is much that may be learned from observing how other jurisdictions deal with common problems.I recommend this book for your considered reading.’ -- David Morrison, Insolvency Law Review Journal‘The book comes with a powerful endorsement in the foreword from Sir Alistair Norris. The book is geared primarily towards a specialist audience of lawyers and insolvency practitioners, who will find the comprehensive and detailed practical guidance provided in the book as a most helpful support in their work. For its accurate and comprehensive analysis of case law and doctrinal issues, the book is an equally highly recommended addition to the libraries of a more academic audience of scholars and researchers. As mentioned by the Hon. Mr. Justice Zaccaroli in his endorsement, the analysis is delivered in plain English with clear and practical guidance and the work comes as highly recommended. Researchers or students who are approaching this topic for the first time should not be discouraged by the technical nature of the topic, as the first five chapters provide a comprehensive, accurate but easy-to-understand explanations of the foundational topics covered in it. Such a clear analysis of complex issues had only been possible thanks to the expertise and knowledge of its authors.’ -- Eugenio Vaccari, International Insolvency Review‘This book provides a comprehensive yet highly readable account of all aspects of corporate governance as it applies to companies either in or on the verge of insolvency. It is highly recommended to directors, insolvency practitioners and those advising them for its in-depth treatment of difficult subjects such as the meaning of insolvency and the content and timing of the directors’ duty to take account of creditors’ interests, all delivered in plain English and with clear and practical guidance.’ -- The Honourable Mr Justice Zacaroli, a Justice of the High Court, Chancery Division‘An illuminating work, lucid and insightful, on an important – yet overlooked – topic. When a company is insolvent, whether before or after the commencement of a formal insolvency process, what duties are owed and by whom? Where does accountability lie? Who are the relevant stakeholders? This book focuses on the roles of not only officers and insolvency practitioners, but also those of the regulators, the Insolvency Service and the official receiver. It is an essential point of reference for lawyers and IPs alike.’ -- – Marcia Shekerdemian QC, Wilberforce Chambers, UKTable of ContentsContents: Foreword by Sir Alastair Norris Preface 1. Introduction to Corporate Governance and Insolvency 2. The meaning and features of corporate governance 3. Introduction to insolvency 4. Governance where the company is insolvent but not in an insolvency regime 5. Decision-making in insolvent regimes 6. Directors in formal insolvency 7. The role and work of insolvency practitioners in insolvent regimes 8. The control of insolvency practitioners 9. Creditors’ and liquidation committees 10. Special managers 11. Role of the Insolvency Service Index

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Book SynopsisThis incisive Research Handbook identifies and assesses the emerging trends in competition enforcement, investigating how such changes impact the enforcement approach of competition authorities and the behaviour of companies in an ever-evolving business and regulatory environment.Insightful contributions from experts in the field of competition enforcement law cover anticompetitive agreements, unilateral conduct, and merger control, as well as exploring topics such as algorithmic collusion, market power and data, big data, industrial policy, consumer welfare, common ownership, and competition enforcement in digital platforms. Combining academic, practitioner, and enforcer perspectives, this expansive Handbook sheds light on topical developments concerning competition enforcement, representing an expansion of existing enforcement practices. The Handbook concludes by considering how competition authorities could address the proliferating competition enforcement challenges arising from the appearance of new markets, novel business models, and technological developments. Bringing together unique perspectives on new trends affecting competition enforcement, this timely Handbook will prove invaluable to law firms with an international competition or merger law practice, as well as to economic consultants and competition and regulatory authorities. Comprehensive and accessible, its analysis of the latest developments and perspectives in competition enforcement establish the Handbook as essential reading material for scholars of law and business across the globe.Trade Review‘Competition law and policy have a greater prominence today than at any time since the emergence of “antitrust” in the US at the turn of the nineteenth century. This volume of fascinating chapters enhances our understanding of the numerous and diverse challenges for all of us involved in this crucial part of our political economy.’ -- Richard Whish, King’s College London, UKTable of ContentsContents: Foreword xi Olivier Guersent Preface xiv List of abbreviations xv Introduction to the Research Handbook on the Law and Economics of Competition Enforcement 1 Ionnis Kokkoris 1 Data collaboratives, competition law and the governance of EU data spaces 8 Nicolo Zingales 2 Price fixing: public and private enforcement 50 Daniel L. Rubinfeld 3 Pricing algorithms: the risk of collusion and personalised pricing 64 Antonio Gomes and Pedro Gonzaga 4 Competition enforcement: is the abuse toolbox adequate? 76 Maurits Dolmans, Henry Mostyn and Patrick F. Todd 5 Market power and big data: mapping the role of data under Article 102 TFEU 122 Massimiliano Kadar and Luca Manigrassi 6 Data-related competition concerns in a digital era: key challenges for economic assessment 150 Yan Yu, Chris Whelan and Jack Mays 7 Power imbalances in online marketplaces: at the crossroads of competition law and regulation 170 Despoina Mantzari 8 Normative goals in merger control: why merger control should not attempt to achieve “better” outcomes than competition 193 Stefan Thomas 9 Addressing national security concerns in the merger context 217 Kyriakos Fountoukakos, Veronica Roberts and Ruth Allen 10 Common ownership and merger control enforcement 243 José Azar and Anna Tzanaki 11 The economics of merger control in a dynamic world: a focus on the relevant counterfactual 280 Matthew Johnson and Ilaria Fanton 12 Killer acquisitions? Evidence and potential theories of harm 300 Pierre Régibeau 13 The boundaries of public interest in merger control: taking into account non-competition issues including industrial policy and environmental protection 324 Antonio Capobianco and Gaetano Lapenta 14 Perspectives on digital regulation 347 Liza Gormsen 15 Digital agoraphobia: exploitative abuses in digital markets 369 Maria Ioannidou 16 Antitrust enforcement in the digital markets: the forgotten role of the courts 390 Claudia Lemus 17 Is consumer welfare still fit for purpose in the EU competition regime? 410 Ioannis Kokkoris and Athanassios Skourtis 18 Competition enforcement and sustainability: the odd couple 448 Cristina Volpin Conclusions 472 Ioannis Kokkoris Index

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Book SynopsisThis book provides a concise, practical guide to the European Union's Anti-Tax Avoidance Directive (ATAD). Presenting unique insights into the ATAD's five specific anti-avoidance rules, its chapters explain the background of those rules, the directive's interactions with relevant jurisprudence, and the challenges posed to the ATAD's interpretation and implementation in domestic law. Key features include: critical, article-by-article analysis of the ATAD contextual information on the legislative environment in which the ATAD operates, embedding it in the wider landscape of CJEU jurisprudence insights into the day-to-day application of the ATAD rules in practice contributions from leading academics and practitioners in the field of tax law examples of the challenges to the interpretation and implementation of ATAD, taken from a range of EU Member States. European and international tax advisors, along with policy makers in the field of tax law, will find this book to be a comprehensive yet accessible guide to the ATAD and its correct application. Those who carry out research in European tax law can also benefit from this book's critical approach to the ATAD and the questions that surround anti-tax avoidance legislation in the European Union. Contributors include: D. Gutmann, W. Haslehner, R. Ismer, B. Kuzniacki, K. Pantazatou, L. Parada, I. Richelle, A. Rust, P. Schwarz, K. Spies, B. van Raaij, F. VanistendaelTrade Review'This book is an excellent guide to the many difficult issues posed by the implementation of the ATAD, in which the authors successfully combine fundamental technical analysis with practical conclusions. With its clear structure and lucid writing, it will prove an invaluable resource for any tax practitioner who faces the challenge of navigating the multi-layered maze of anti-avoidance rules in the EU.' --Kees van Raad, International Tax Center Leiden, the NetherlandsTable of ContentsContents: 1. From Abuse to Base Erosion, How Did It Come to This? Frans Vanistendael 2. The General Scope of the ATAD and Its Position in the EU Legal Order Werner Haslehner 3. Abuse of Law as a General Principle of European Union (Tax) Law Roland Ismer 4. The Interest Limitation (Article 4 ATAD) Daniel Gutmann 5. The Exit Tax Rule (Article 5 ATAD) Paloma Schwarz 6. The GAAR (Article 6 ATAD) Błażej Kuźniacki 7. Controlled Foreign Company Rule (Articles 7 and 8 ATAD) Alexander Rust 8. Hybrid Financial Instruments and Anti-Hybrid Rules in the EU ATAD (Article 9 ATAD) Leopoldo Parada 9. Hybrid Entities and Anti-Hybrid Rules in the EU ATAD (Article 9 and 9a ATAD) Karoline Spies 10. ATAD, Double Taxation and Tax Dispute Resolution Isabelle Richelle 11. Effective Implementation of the ATAD: Information Collection, Exchange and Monitoring through DAC 6 Katerina Pantazatou 12. Where Do We Go From Here? – The Steady Move Towards a Common Corporate Tax Base Bart van Raaij Index

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Book SynopsisThis Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, and on to the key areas of liability in practice. While including a timeless distillation of the guiding principles, each contribution explores the emerging boundaries of corporate liability issues so as to bring understanding to new levels.Cross-jurisdictional and interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on corporate vicarious liability, accountability for AI labour, and procedural law challenges. This Research Handbook examines not only the current state of play, but also predicts trends likely to feature in the development of corporate liability, including those in the areas of ESG and technology.Featuring contributions from leading scholars in their respective fields, this Research Handbook will be essential reading for scholars and students of commercial law, corporate law, and corporate governance. It will also be beneficial for judges, legal practitioners, and policymakers specialising in corporate liability.Trade Review‘This is a comprehensive, informative, and insightful Research Handbook on a topic that is of growing importance and significance to corporations faced with ever more complex legal obligations and responsibilities.' -- Colin Mayer, University of Oxford, UK‘A must-read guide to the complex and highly impactful world of corporate liability, with contributions by leading scholars, and insights into the path of this evolving field of law and practice.’ -- Brandon Garrett, Duke University School of Law, USTable of ContentsContents: Introduction to the Research Handbook on Corporate Liability 1 Martin Petrin and Christian A. Witting PART I FOUNDATIONS 1 The company and its constituents 7 Susan Watson 2 Theoretical approaches to corporate liability 24 Martin Petrin 3 Corporate liability: a systems perspective 42 Christian A. Witting PART II CORPORATE LIABILITY 4 Corporate law and statutory liability 62 Deirdre Ahern 5 Issuer liability: ownership structure and the circularity debate 82 Martin Gelter 6 Corporate criminal liability 100 Samuel W. Buell 7 Corporate tortious liability 116 Robert J. Rhee 8 Agency liability 136 Tan Cheng-Han 9 Attribution 156 Ernest Lim PART III PERSONAL LIABILITY 10 Directors’ and officers’ liability under securities laws 174 Lisa M. Fairfax 11 Evolution of director oversight duties and liability under Caremark: using enhanced information-acquisition duties in the public interest 194 Jennifer Arlen 12 Fiduciary liability and business judgment 222 Paul B. Miller 13 Review of directors’ business judgments 238 Joan Loughrey 14 Joint liability 257 Joachim Dietrich PART IV VICARIOUS LIABILITY AND EXTENDED LIABILITY 15 Vicarious liability and corporations 275 Paula Giliker 16 Toward corporate group accountability 294 Virginia Harper Ho, Gerlinde Berger-Walliser and Rachel Chambers 17 Liability in the shipping industry 317 Martin Davies 18 Enterprise liability 332 Gregory C. Keating PART V THE CLAIMS PROCESS 19 Overlapping remedies 353 Bert I. Huang 20 Jurisdiction and corporations: identifying an international standard 367 Richard Garnett PART VI THE FUTURE OF CORPORATE LIABILITY 21 The future of corporate criminal liability in the ESG space 389 J.S. Nelson 22 Towards corporate digital responsibility 411 Florian Möslein 23 Accountability for AI labor 436 Mihailis E. Diamantis 24 The company and blockchain technology 449 Kelvin F.K. Low, Edmund Schuster and Wan Wai Yee Index

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Book SynopsisThis timely and engaging book examines how maximizing shareholder value has played a dominant role in corporate governance over recent decades, and analyzes the resulting effect on share prices in the stock markets. Alongside the rise in corporate power and deepening economic inequality, the author investigates corporate law reform as a corrective remedy.Beyond Shareholder Value offers an astute analysis of key topics such as corporate incentive structures that reward executives for delivering shareholder value and permissive rules that enable companies to issue shares at will at rising valuations. P.M. Vasudev explores the laws intended to protect stakeholders and deftly unpacks the shortcomings in employment-related laws and antitrust enforcement. Demonstrating how alternative dispute resolution can be used to promote stakeholder governance, the book explains how the overly broad business judgment rule impedes effective adjudication of complex stakeholder disputes.This insightful book offers a new perspective on stakeholder governance, and will prove indispensable reading for academics and legal researchers working in the field of corporate law and governance. Its innovative approach will also benefit practitioners and policy makers alike.Trade Review‘Professor Vasudev’s contribution is both timely and important. In identifying the normative tensions that mark the journey of the corporation until this very day, he is able to convincingly argue for a complex and long-term oriented understanding of business corporations and their place in changing political economies. Rather than being a mere investment vehicle that prioritizes and serves a limited set of interests, the corporation reemerges as a site of social transformation, innovation and sustainable planning. This excellent study is an inspiring and highly rewarding reading for anyone with a “stake” in reflecting on the blind spots of contemporary corporate governance.’Table of ContentsContents: Introduction PART I SHAREHOLDER VALUE AND ITS DISCONTENTS 1. Shareholder value – conception and execution 2. Shareholder value – delivery and outcomes 3. Impact on corporate governance and enterprise management PART II SHAREHOLDER VALUE AS LAW 4. Shareholder value becomes law 5. Shareholder primacy – the original sin? 6. The anatomy of shareholder value – shares unleashed 7. Corporate law and its making – the question of democratic legitimacy PART III STAKEHOLDER VISION – THE JOURNEY SO FAR AND THE FUTURE 8. The stakeholder journey – so far 9. Stakeholder governance – a framework for the present and the future References Index

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Book SynopsisThis cutting-edge book provides a thorough analysis of the transposition of the rules of the EU Damages Directive, examining their impact on the enforcement of competition law and the victim’s right to full compensation. It also studies the possible consequences of an anticipated rise in civil damages actions in Europe and how this, in turn, may alter the effectiveness of the enforcement system.Applying insights from an economic analysis of law, Philipp Kirst investigates the effectiveness of the measures prescribed by the Directive that are intended to overcome the potential negative effects of increased private enforcement of competition law, offering concrete legislative proposals to combat these. Kirst focuses on three aspects that are crucial to achieving the Directive’s main objectives: the EU leniency programme, the sanctioning methodology, and the allocation of civil liability among joint infringers. Furthermore, the book offers policy recommendations to reconcile both an effective enforcement regime and compensation of victims.Provoking debate on the ways in which a more integrated enforcement regime could be created, this book will be a crucial text for academics in the fields of competition and antitrust law and European law and economics. It will also be a key reference point for practitioners and enforcement agencies.Trade Review‘This high-quality book is appreciated for its clear and justified methodology, its in-depth analyses, and its concrete proposals for improvement. The author accompanies the reader with numerous examples and offers a rich appendix to complement his comments. A book to be recommended without hesitation!’ -- Agne`s Reinhold, Concurrences‘The construction of an effective enforcement regime that compensates the victims of EU competition law infringements continues to present a multifaceted challenge for policy-makers and legislatures. Indeed, despite the adoption of the EU Directive on antitrust damages, how that specific challenge can be overcome in Europe is as of yet unresolved. Through critical evaluation of the applicable EU law, Philipp Kirst’s well-researched and carefully-argued book helpfully scrutinises key aspects of the challenge at issue. It presents numerous perceptive, insightful analyses that, along with the recommendations advanced, deserve to be very closely examined by stakeholders. It is a welcome, important and convincing addition to the literature.’ -- Peter Whelan, University of Leeds, UKTable of ContentsContents: Preface 1. Introduction to the EU enforcement system and the goals of the Damages Directive PART I THE IMPLEMENTATION OF THE DAMAGES DIRECTIVE: A NEW LEVEL PLAYING FIELD IN EUROPE? 2. The implementation of the Damages Directive: harmonised rules on competition damages litigation in Europe? PART II CONTRIBUTION AMONG JOINT INFRINGERS OF COMPETITION LAW IN LIGHT OF THE DAMAGES DIRECTIVE 3. Lessons from the US: the no-contribution rule and its inapplicability in Europe 4. Getting contribution right: the allocation of liability among joint infringers of EU competition law based on relative responsibility 5. The quantification of the role in the cartel for the relative responsibility of joint infringers of EU competition law PART III THE IMPACT OF THE DAMAGES DIRECTIVE ON THE EU LENIENCY PROGRAMME 6. A missed opportunity to reconcile compensation of victims and leniency incentives PART IV THE NEED TO RECONCILE FINES AND DAMAGES FOLLOWING THE IMPLEMENTATION OF THE DAMAGES DIRECTIVE 7. A new approach to the calculation of competition fines to reconcile fines and damages 8. Concluding remarks Index

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Book SynopsisThis important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities.Featuring contributions from expert scholars and practitioners, the book provides a complete survey of the multifarious regulatory and institutional gaps that limit the coherent development and application of business and human rights law and practice at national and regional levels in Africa. Chapters discuss practical barriers to effective implementation, how such barriers could be addressed through innovative approaches, and the local contexts for the implementation of the United Nations Guiding Principles on Business and Human Rights in Africa. Thematic sections offer conceptual and theoretical reflections on how African countries can effectively mainstream human rights standards and considerations into all aspects of development planning and decision-making.Business and Human Rights Law and Practice in Africa will be a key resource for academics, practitioners, policy makers and students in the fields of governance, human rights, corporate law and public international law, who are interested in responsible and rights-based business practices in Africa. The guidance and rules provided for integrating human rights into project design and implementation will also be useful for corporate bodies and financial institutions.Trade Review‘This edited volume is a solid and welcome intervention in the highly topical and fast-growing literature on business and human rights more generally, and as it concerns Africa – a continent on which the negative impacts of the activities of large business corporations has been hard felt for centuries now. Professors Olawuyi and Abe have conceptualized and put together a very impressive, seventeen chapter, multidisciplinary, well-researched and well-written book, with a highly developed and painstakingly developed overarching scholarly apparatus. The book’s socio-legal interrogation of the processes that create, and harms that result from, what its editors appositely refer to as “a cultural politics of corporate irresponsibility” is well integrated into its accompanying deep dive into “the complex legal, ethical and business questions” that are intimately connected to that phenomenon. Readers from a wide variety of disciplines and backgrounds will surely find the book’s conceptual depth and broad coverage as impressive, relevant and useful, as its practical utility in a variety of professional contexts.’ -- Obiora C. Okafor, UN Independent Expert on Human Rights and International Solidarity‘This volume provides much-needed African perspectives on the business and human rights landscape. Such work should help in promoting business respect for human rights and corporate acceptability in different world regions.’ -- Surya Deva, Macquarie Law School, Australia‘This timely and innovative book provides a seminal analysis of the practical application of business and human rights norms in the African context. As African countries adopt legislation and guidelines aimed at addressing the impacts of business activities on human rights, a comprehensive analysis of such emerging laws, and by leading African scholars, has been long overdue. Covering key topics from institutions to legislation and governance, the in-depth and systematic approach of this book makes it a must-read for students, academics, practitioners, policy makers and business leaders in Africa and beyond.’ -- Ilias Bantekas, Hamad bin Khalifa University, QatarTable of ContentsContents: Preface and Acknowledgements xi PART I INTRODUCTORY CONTEXT AND PRINCIPLES 1 Introduction – Business, human rights, and the United Nations Guiding Principles 2 Oyeniyi Abe and Damilola Olawuyi 2 States’ duty to protect under international human rights principles against corporate-related human rights abuse 21 Nojeem Amodu PART II CORPORATE RESPONSIBILITY TO RESPECT HUMAN RIGHTS IN KEY SECTORS 3 Financial compensation for business-related human rights violations in the mining sector 38 Lyla Latif 4 The United Nations Guiding Principles on Business and Human Rights and Uganda’s extractive sector 56 Michael Nyarko 5 Reconsidering capitalistic commerce and the UNGPs through the prism of environmental human rights 75 Herbert Kawadza 6 Corporate accountability for climate change 92 Muriuki Muriungi 7 Rethinking the role of business enterprises in the fight against inequality 107 Fola Adeleke 8 Human rights and taxation in developing countries 126 Eghosa Ekhator, Chisa Onyejekwe and Newman Richards 9 Foreign direct investment in Kenya and the rights of indigenous peoples 150 Hope Joyce Otieno 10 Human rights, business enterprises and tenure security in Cameroon 171 Semie Sema 11 Business enterprises in renewable energy projects in Africa and the human rights questions arising from the duty to protect 188 Peter Oniemola PART III ACCESS TO REMEDY FOR VICTIMS OF CORPORATE-RELATED HUMAN RIGHTS VIOLATIONS IN AFRICA 12 The missing forum for corporate human rights violations in Africa 208 Hassan M. Ahmad 13 Promoting access to justice for corporate human rights violations in Africa 228 Adaeze Okoye 14 Protect, respect and remedy 248 Florence Shako PART IV CONCLUSION 15 A regional policy framework on business and human rights in Africa 265 Romola Adeola and John Ikubaje 16 Advancing business and human rights law and practice in Africa 283 Damilola S. Olawuyi and Oyeniyi Abe Index

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Book SynopsisIn this Research Handbook, today's leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors - particularly secured creditors - in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics. Chapters trace the historical path of both law and policy analysis, with a focus on how the bankruptcy process serves underlying policy objectives. Proposals to reform corporate bankruptcy are presented. Research Handbook on Corporate Bankruptcy Law includes policy analysis by both lawyers and economists and is thus an invaluable resource to law scholars and students interested in the economic analysis of corporate bankruptcy law, as well as to economics and business scholars and students studying the law of corporate bankruptcy. These pages will prove equally valuable to lawmakers and judges who are interested in policy analysis of corporate bankruptcy. Contributors include: K. Ayotte, D.G. Baird, A.J. Casey, T.H. Jackson, M.B. Jacoby, E.J. Janger, S.J. Lubben, E.R. Morrison, J.A.E. Pottow, R.K. Rasmussen, M.J. Roe, A. Schwartz, M. Simkovic, D. Skeel, R. Squire, G. Triantis, M.J. White, T.J. ZywickiTrade Review‘Readable and guiding contributions concerning fundamental issues of large group corporate bankruptcies. In Europe, the book will prove equally valuable to lawmakers and scholars with an affection for law and economics policy analysis of the theme.’ -- Bob Wessels, Professor Emeritus of International Insolvency Law, Leiden University, the Netherlands and Expert Advisor on Insolvency and Restructuring Law of the European CommissionTable of ContentsContents: Foreword Douglas G. Baird Introduction Barry E. Adler 1. Bankruptcy’s Logic and Limits in the 21st Century: Some Thoughts on Chapter 11’s Evolution and Future Thomas H. Jackson 2. The End of Bankruptcy Revisited Robert K. Rasmussen 3. Bankruptcy Sales Melissa B. Jacoby and Edward J. Janger 4. The New Synthesis of Bank Regulation and Bankruptcy in the Dodd-Frank Era David Skeel 5. Derivatives and Repos in Bankruptcy Mark J. Roe 6. Distress-Triggered Liabilities and the Agency Costs of Debt Richard Squire 7. On the Mandatory Stay of Secured Creditors in Bankruptcy Kenneth Ayotte 8. Debtor-in-Possession Financing in Bankruptcy George G. Triantis 9. Beyond Options Anthony J. Casey and Edward R. Morrison 10. The Treatment of Secured Credit in Bankruptcy: A Unified Model Michell J. White 11. Making Fraudulent Transfer Law More Predictable Michael Simkovic 12. The Costs of Corporate Bankruptcy: How Little We Know Stephen J. Lubben 13. The Chrysler and General Motors Bankruptcies Todd J. Zywicki 14. Cross-Border Corporate Insolvency in the Era of Soft(ish) Law John A. E. Pottow 15. Bankruptcy Related Contracting and Bankruptcy Functions Alan Schwartz Index

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Book Synopsis‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will the possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals.Key Features: A specific focus on EU law and guidance that will be relevant to lawyers throughout the EU A multi-faceted and fully contextualised analysis of the defence of passing-on and the position of potential claimants downstream in the supply chain Practical suggestions for consistent approaches to passing-on in EU law across existing and future contexts Extensive updates comprising new case law and materials across all contexts examined An expansion of discussions to encompass crucial new developments since the first edition of the book This magisterial work is an invaluable point of reference for practitioners working in damages and restitution law, but also in other fields of commercial law, including competition law and consumer law. Legislators and policy-makers in the EU and beyond will also benefit from the lucid analysis of the various policy choices made in the EU and US.Table of ContentsContents: Preface PART I INTRODUCTION AND BACKGROUND 1 Introduction to the passing-on problem under EU law 2 Effective judicial protection in EU law PART II PASSING-ON IN ACTIONS AGAINST THE EU 3 Passing-on in damages from the EU 4 Passing-on in other actions against the EU? PART III PASSING-ON IN ACTIONS AGAINST A MEMBER STATE 5 Passing-on in restitution from a Member State 6 Passing-on in damages from a Member State? PART IV PASSING-ON IN HORIZONTAL ACTIONS 7 Passing-on in competition damages 8 Passing-on in other horizontal actions? PART V PERSPECTIVES AND CONCLUSIONS 9 Comparison and analysis Index

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Book SynopsisThis Commentary is the first comprehensive work to analyse the revised EU Shareholder Rights Directive (SRD II). SRD II sets a new agenda for engaged shareholders and sustainable companies in the EU, sparking a wider debate on the adoption of duties in company and capital markets law. By providing a systematic and thorough framework for analysis, this Commentary evaluates the purpose and aims of SRD II and further enriches the debate on the usefulness of the EU’s drive to encourage long-term shareholder engagement.Key features include: article-by-article analysis of each of the provisions as adopted in the revised SRD II contribution to the ongoing discussions on shareholder rights and duties anticipated to be at the centre of debate for years to come detailed explanation by leading scholars in the field to ensure complete understanding of each SRD II provision for the reader exploration of the two pillars of shareholder engagement: the facilitation of shareholder rights and improved communication to bridge procedural gaps and implementation of transparency obligations applicable to companies, investors and service providers. This Commentary will be a key resource for legal practitioners, legislators, scholars and students alike, working in the fields of corporate governance, alternative dispute resolution and financial law.Trade Review'The Shareholder Rights Directive II has Europeanised important aspects of corporate governance, including reporting requirements of institutional investors, executive compensation, and related-party transactions. This book provides the most comprehensive and detailed analysis of the Directive to date. It will serve well anyone interested in the policies underlying the Directive, its interpretation, and its historical genesis.' -- Martin Gelter, Fordham University, US'Shareholders are vital to European corporate governance, but they can only deliver with an appropriate legal framework. This Commentary is a must-read for anyone interested in corporate governance and the role of shareholders in ensuring sustainable corporate growth. It provides the first in-depth authoritative analysis of the new provisions of the SRD II and on their impact on different European legal traditions. An invaluable guidance based on a comprehensive and systematic reading of the revised regulatory framework.' -- Carmine Di Noia, CONSOB, Italy'A valuable and insightful book on the interpretation of shareholder engagement and accountability roles in the Shareholder Rights Directive 2017. The expert authors provide detailed and critical analyses which raise important questions about the clarity and effectiveness of the provisions.' -- Iris H-Y Chiu, University College London, UKTable of ContentsContents: PART I INTRODUCTION 1. SRD II: Political ambitions and regulatory rationales 2 Hanne S. Birkmose and Konstantinos Sergakis 2. Articles 1 and 2: Scope and definitions 18 Marina B. Madsen PART II IDENTIFICATION OF SHAREHOLDERS, TRANSMISSION OF INFORMATION AND FACILITATION OF EXERCISE OF SHAREHOLDER RIGHTS 3. Article 3a: Identification of shareholders 42 Matteo Gargantini 4. Article 3b: Transmission of information 74 Corrado Malberti 5. Article 3c–3f: Facilitation of the exercise of shareholder rights 104 Alessio Bartolacelli PART III TRANSPARENCY OF INSTITUTIONAL INVESTORS, ASSET MANAGERS AND PROXY ADVISORS 6. Article 3g: Engagement policy 143 Hanne S. Birkmose 7. Article 3h: Investment strategy of institutional investors and arrangements with asset managers 164 Hanne S. Birkmose 8. Article 3i: Transparency of asset managers 187 Suren Gomtsian 9. Article 3j: Transparency of proxy advisors 219 Julia Anna Mayer and Ulrich Torggler 10. Article 3k: Review 246 Hanne S. Birkmose PART IV REMUNERATION OF DIRECTORS 11. Article 9a and 9b: Say on pay 250 Anne Lafarre and Christoph Van der Elst PART V TRANSPARENCY AND APPROVAL OF RELATED PARTY TRANSACTIONS 12. Article 9c: Transparency and approval of related party transactions 286 Marcello Bianchi and Mateja Milicˇ PART VI PENALTIES 13. Article 14a and 14b: Enforcement of SRD II provisions 320 Alessio Bartolacelli, Marcello Bianchi, Hanne S. Birkmose, Matteo Gargantini, Suren Gomtsian, Anne Lafarre, Corrado Malberti, Julia Anna Mayer, Mateja Milic, Konstantinos Sergakis, Ulrich Torggler and Christoph Van der Elst Index 351

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Book SynopsisThis incisive book explores the ways in which the major notions of fairness, morality and ordre public can be used both to justify and to limit IP rights. Written by an international team of experts in the field, it provides varied and sometimes divergent perspectives on how these notions are applied to different rights and in different contexts. Fairness, Morality and Ordre Public in Intellectual Property addresses questions about which outcomes of IP use can be defined as fair or moral, to whom they may be considered fair or unfair, and which criteria should be used to decide. Chapters examine these issues through topics such as fairness in copyright law, economic aspects of fairness, the intersection of human rights principles and indigenous peoples’ heritage rights with IP, and the pricing of pharmaceutical drugs.Scholars and researchers working in IP, international trade and public international law policy will find this book to be critical reading. It will also be relevant to international IP law practitioners and policy makers.Trade Review‘Notions of fairness and the doctrines of morality and ordre public infuse international IP law and policy. It’s important to understand what drives lawmakers to utilise these flexibilities and what are both the benefits and challenges of doing so. This book superbly demonstrates both the breadth and detail of these matters in an accessible way. The contributions represent different viewpoints from around the globe and show the depth and richness of scholarship that ATRIP brings together. As the editor, Daniel Gervais, states in his introduction, what fairness, morality and ordre public mean will vary among jurisdictions. This means that some countries regard their use as something that should be rare and others use them more readily, giving rise to significant global diversity. This book shines a light on much of that diversity and consequently this collection provides valuable insights into the fairness or otherwise of the IP regime.’ -- Susy Frankel, Victoria University of Wellington, New Zealand and ATRIP President 2015-2017Table of ContentsContents: Introduction 1 Daniel J. Gervais PART I SETTING THE STAGE 1. Capturing the dynamism of fairness: a common law perspective 8 Poorna Mysoor PART II FAIRNESS IN COPYRIGHT LAW 2. Fairness for authors and performers: the role of law 31 Mary LaFrance 3. Reconstructing fairness: the problem with fair use exclusivity 53 Maurizio Borghi 4. Fairness vs. welfare in the discussion of copyright laws and policies: royalties for the resale of artworks as a case study 76 Antoni Rubí-Puig 5. Access to textbooks in developing countries, copyright, and the right to education: embracing extraterritorial state obligations in intellectual property law 96 Klaus D. Beiter 6. Fair use of intellectual property and economic growth 124 Yasser M. Gadallah PART III ECONOMIC ASPECTS OF FAIRNESS 7. Corporate intellectual property, governance and board effectiveness reviews in large and premium listed UK companies 141 Janice Denoncourt 8. Fair and equitable treatment of foreign investments and intellectual property rights 173 Emmanuel Kolawole Oke 9. Fairness and ordre public in certified global food chains 195 Katja Weckström Lindroos PART IV APPLICATION OF FAIRNESS, MORALITY AND ORDRE PUBLIC TO OTHER IP RIGHTS 10. Human rights principles as normative ‘fairness’ tools in the context of IP and (access to) indigenous peoples’ heritage via digital libraries 215 Kelly Breemen and Vicky Breemen 11. Patents, morality and biomedical innovation in Europe: historical overview, current debates on stem cells, gene editing and AI, and de lege ferenda reflections 243 Ana Nordberg 12. Towards a fair intellectual property framework for Open Science: a comparative law approach 268 Juan F. Córdoba-Marentes 13. Using fairness to determine post-employment duties with respect to trade secrets: the case of remedies under the Trade Secrets Directive 288 Magdalena Kolasa 14. A study on the application of the General Clause of the Anti-Unfair Competition Law in China in the age of the internet 310 Qian Tao and Haotian Geng 15. Pricing of drugs: wither fairness! 328 T. Vidya Kumari Appendix: justice, morality and public order in intellectual property – harmony and dissonance (Russian experience) 353 Ivan Zenin Index 355

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Book SynopsisThis thoroughly revised and expanded second edition of IT Contracts and Dispute Management provides an in-depth analysis of the legal issues that could potentially arise within each critical stage of a technology project. The authors draw on their extensive practical experience of advising and litigating in this evolving field, and have produced a work that is both authoritative and pragmatic.Key Features: Discussion of recent judicial decision of relational contracts, and the Supreme Court’s judgment on ‘no oral modification’ clauses and their applicability to change control procedures Updated information to account for the new High Court rules on disclosure Guidance on how to manage frequently occurring issues, such as delayed delivery Examination of important methods of project resuscitation when experiencing difficulty, as well as potential end of project issues This informative book will be a hugely valuable resource for lawyers in private practice who are advising clients striving to avoid or resolve disputes occurring from IT projects. It will also be beneficial for in-house legal counsel who advise clients at each stage of IT projects.Table of ContentsCONTENTS: Preface to the second edition Part A Outset – Birth Of A Technology Project 1. Pre-Contract Matters 2. Liability For Pre-Contractual Statements 3. Contract Negotiation And Project Methodology Part B Nurturing, Maintaining And Delivering The Project 4. The Contractual Framework 5. Housekeeping 6. Project Management 7. Delivery And Acceptance 8. Testing 9. Other Aspects Of Performance 10. Delay Part C In Sickness And In Health – The Ailing Project, Interim Dispute Resolution And Resuscitation 11. Project Rescue 12. Representations When Re-Baselining 13. Termination Rights 14. Project ‘Resuscitation’ 15. Interim Dispute Resolution 16. Enforcing A Continuing Relationship Part D Quantification Of Claims For Compensation 17. Quantification Of Claims For Compensation 18. Exemption/Limitation Clauses Part E Conducting Technology Contract Disputes 19. Forum For Resolving Disputes 20. Disclosure 21. Witnesses Index

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Book SynopsisThis comprehensive Practical Guide provides direction on the wide array of legal questions and challenges that start-ups face. Start-up Law features analysis from five jurisdictions that represent a variety of legal traditions across different continents. Expert contributors address key legal issues for technology-based start-ups and entrepreneurs, as well as providing insights into the law and practice of the countries examined. Key features include: a focus on the complete life cycle of a start-up, from innovative idea through growth of the business to success or failure specific, in-depth analysis of law relating to start-up businesses in Denmark, Canada, Israel, Switzerland and the United States guidance aimed at helping start-ups and entrepreneurs navigate the diverse legal and regulatory hurdles they may encounter, including practical insights from expert contributors with first hand industry experience. Start-up Law will prove crucial reading for lawyers advising technology start-ups, as well as entrepreneurs themselves in this sector. It will also be useful for scholars and students in business and commercial law, as well as policy-makers interested in providing a supportive regulatory environment for innovation and start-ups.Trade Review‘Start-up Law provides a broad overview of the key legal questions that young companies are required to master, doing so in comprehensive language, understandable by non-practitioners. It particularly addresses the need for start-up companies to look outside their own borders to benefit from the various opportunities of global jurisdictions. For anyone who is either starting a company or looking to expand to one of the covered jurisdictions, this resource will help you save a lot of valuable time and legal fees.' -- Matthieu Guiessaz, Blockchain Valley Ventures, SwitzerlandTable of ContentsContents: Part I – Introduction and Importance of Start-ups 1. Introduction Alexandra Andhov 2. Importance of Start-ups for our Legal Systems Alexandra Andhov Part II - Jurisdictions 3. Canada Oleg Stratiev 4. Denmark Alexandra Andhov, Jakob Wested and Rasmus Kristian Feldthusen 5. Israel Ehud Kamar, Ayal Shenhav and Shay Yanovsky 6. Switzerland Michèle Ineczka Kappeler and Luigi Bruno 7. The United States Drew Amerson and Alice Armitage Index

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Book SynopsisThis comprehensive Practical Guide provides direction on the wide array of legal questions and challenges that start-ups face. Start-up Law features analysis from five jurisdictions that represent a variety of legal traditions across different continents. Expert contributors address key legal issues for technology-based start-ups and entrepreneurs, as well as providing insights into the law and practice of the countries examined. Key features include: a focus on the complete life cycle of a start-up, from innovative idea through growth of the business to success or failure specific, in-depth analysis of law relating to start-up businesses in Denmark, Canada, Israel, Switzerland and the United States guidance aimed at helping start-ups and entrepreneurs navigate the diverse legal and regulatory hurdles they may encounter, including practical insights from expert contributors with first hand industry experience. Start-up Law will prove crucial reading for lawyers advising technology start-ups, as well as entrepreneurs themselves in this sector. It will also be useful for scholars and students in business and commercial law, as well as policy-makers interested in providing a supportive regulatory environment for innovation and start-ups.Trade Review‘Start-up Law provides a broad overview of the key legal questions that young companies are required to master, doing so in comprehensive language, understandable by non-practitioners. It particularly addresses the need for start-up companies to look outside their own borders to benefit from the various opportunities of global jurisdictions. For anyone who is either starting a company or looking to expand to one of the covered jurisdictions, this resource will help you save a lot of valuable time and legal fees.' -- Matthieu Guiessaz, Blockchain Valley Ventures, SwitzerlandTable of ContentsContents: Part I – Introduction and Importance of Start-ups 1. Introduction Alexandra Andhov 2. Importance of Start-ups for our Legal Systems Alexandra Andhov Part II - Jurisdictions 3. Canada Oleg Stratiev 4. Denmark Alexandra Andhov, Jakob Wested and Rasmus Kristian Feldthusen 5. Israel Ehud Kamar, Ayal Shenhav and Shay Yanovsky 6. Switzerland Michèle Ineczka Kappeler and Luigi Bruno 7. The United States Drew Amerson and Alice Armitage Index

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Book SynopsisThis timely book addresses the contemporary complexities within competition law, questioning whether the founding principles of competition law still hold true today. It explores three main present-day challenges for competition law: the impact of the digital economy and innovative sectors, the challenges facing emerging countries, and current institutional issues.Written in a clear and concise way, with an emphasis on current trends and practices, this book explores recurring key questions such as what are the impacts of the economic characteristics of a market on legal assumptions and the limits of antitrust. Chapters address topics such as merger control regimes, the creation of specialised competition tribunals, and competition clauses in trade agreements. Challenges to Assumptions in Competition Law takes a fresh look at these important issues for competition law in the digital age, incorporating insights from China, Latin America, Europe and the US. This insightful book will be a useful resource for academics and researchers in competition and commercial law, whilst also providing an informative foundation for lawyers and economists working in the field.Trade Review'This is an impressive book, featuring contributions from all over the world and organized around a critical, under-examined theme: What assumptions are relied on in competition law analysis, and are they fit for the purpose as applied to globalized and digitalized markets? The reader will find some new voices and fresh thinking, as typically assembled and provoked by ASCOLA, the international academic society of competition law researchers.' -- Eleanor Fox, New York University, USTable of ContentsContents: Introduction viii PART I NEW CHALLENGES IN THE DIGITAL SPHERE 1 Cooperation, dependence, and eviction: how platform-to-business coopetition relationships should be addressed in mobile telephony ecosystems 2 Frédéric Marty and Julien Pillot 2 Technological tying: unbundling the assumptions 22 Stephen Dnes 3 Understanding the role of agricultural data on market power in the emerging Digital Agriculture sector: a critical analysis of the Bayer/Monsanto decision 41 Can Atik PART II NEW CHALLENGES TO EMERGING COUNTRIES 4 Merger control in China’s digital economy: challenges and prospects 80 Wei Han and Yajie Gao 5 The adoption of specialised competition tribunals in Latin American countries: transplants and commonalities among them 106 Claudia O’Kane 6 Where influence lies in the international competition network 124 Christopher Townley 7 Cartels’ little helpers: a comparative study of the case law regarding the facilitators of collusion in Europe, United States and South America 161 Andrés Calderón PART III NEW INSTITUTIONAL CHALLENGES 8 Public interest considerations in European merger control regimes 184 Oliver Budzinski and Annika Stöhr 9 Formalism, fairness and freedom of contract: abuse of dominance in the UK courts and the business ‘Achilles heel’ of objective justification 206 Barry J. Rodger 10 Using trade tools to counteract anticompetitive conduct within global value chains: competition chapters in trade agreements 238 Galyna Kostiukevych Index

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