Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

81 – Corporate

ARTICLES

Joseph C. Barsalona II, Comment, Litigation Supply Should not Exceed Shareholder ADR Demand: How Proper Use of the Demand Requirement in Derivative Suits Can Decrease Corporate Litigation, 90 Or. L. Rev. 773 (2012).
This comment explores the contours of the demand requirement and how its efficient use can be beneficial for all parties and the greater corporate community. It describes the MBCA model and explains why it gives the best possibility for movement with corporate ADR. The author also discusses the positive effects in the states that have adopted the MBCA.
{60} ADR—GENERAL
{81} SUBJ. MATTER: CORPORATE
 
Barbara Black, Access to Justice: Investor Suits in the Era of the Robert Court: Arbitration of Investors’ Claims Against Issuers: An Idea Whose Time Has Come?, 75 LAW & CONTEMP. PROBS. 107 (2012).
Does the Supreme Court’s decision in Conception create a method for publically traded domestic issuers to do away with securities class claims?   This article concludes that such an opening may exist and calls for issuers to adopt arbitration provisions, with class action waivers, in their governance documents.
{44} ARBITRATION—GENERAL
{81} SUBJ MATTER: CORPORATE
 
Frank Blechschmidt, Comment, All Alone in Arbitration: AT&T Mobility v. Conception and the Substantive Impact of Class Action Waivers, 160 U. Pa. L. Rev. 541 (2012).
AT&T Mobility LLC v. Concepcion was a crossroads for the future of class action policy, the protection of consumer rights, and the use of class arbitration as a technique for dispute resolution. This comment demonstrates an appreciation for the “penumbral remedial aspect” of the class action and for the role of states in formulating aggregation policy.
{44} ARBITRATION—GENERAL
{81} SUBJ MATTER: CORPORATE
George W. Conk, Blowout: Legal Legacy of the Deepwater Horizon Catastrophe: Diving into the Wreck: BP and Kenneth Feinberg’s Gulf Coast Gambit, 17 Roger Williams U. L. Rev. 137 (2012).
There are currently no regulations that govern the manner in which a solvent polluter meets its statutory clean-up and compensation responsibilities. There is no audit, no reporting, no monitoring of the company’s ability to meet its obligations, and no review of its success in doing so.  This article calls for the creation of an administrative framework for oversight of claims processes from the beginning of the remedial period.
{60} ADR—GENERAL
{81} SUBJ MATTER: CORPORATE
{84} SUBJ MATTER: ENVIRONMENT
Catherine Moore, The Effect of the Dodd-Frank Act on Arbitration Agreements: A Proposal for Consumer Choice, 12 Pepp. Disp. Resol. L.J. 503 (2012).
This article acknowledges the weakness and strengths of securities arbitration to conclude that consumer choice will be the new standard of dispute resolution in the securities industry, if the Dodd-Frank Act is interpreted according to legislative intent. Investor confidence should improve with continued use of arbitration and the opening of American courts. The bill should encourage responsible behavior and ultimately be one step in restoring investments in the American markets.
{44} ARBITRATION—GENERAL
{81} SUBJ MATTER: CORPORATE
 
Ashley M. Sergeant, Student Article, The Corporation’s New Lethal Weapon: Mandatory Binding Arbitration Clauses, 57 S.D. L. Rev. 149 (2012)
This article discusses drastic changes to arbitration and the influx of Supreme Court opinions expanding the use of mandatory binding arbitration clauses in employment contracts. This author provides information on the Federal Arbitration Act and five Supreme Court cases that have greatly expanded the use of binding arbitration. The comment discuses the advantages and disadvantages of mandatory binding arbitration clause and calls for the enactment of the Arbitration Fairness Act.
{45} ARB: MANDATORY, COURT-ANNEXED—GENERAL
{81} SUBJ MATTER: CORPORATE
{126} REQUIREMENTS: CONTRACTUAL CLAUSES
 
Jennifer E. Sturiale, Compulsory Licensing of Intellectual Property as Merger Remedy: A Decision-Theoretic Approach, 72 La. L. Rev. 605 (2012).
This article discusses the various advantages and disadvantages of using a compulsory license as a merger remedy. In analyzing the various benefits and drawbacks, the author proposes alternatives to imposing a compulsory license; including using negotiation strategies. The author recognizes that negotiation may be better tailored to specifically address and target effects of the merger, more so than other proposed solutions.
{1} NEGOTIATION—GENERAL
{81} SUBJ MATTER: CORPORATE

BOOKS

Ronnie King, Dispute Resolution in the Energy Sector: A Practitioner’s Handbook (2012).
This book serves as a handbook for professionals, including corporate counsel and commercial personnel of energy companies, dealing with disputes in the energy sector. The book covers a wide range of ADR-related concerns in the field of energy law.
{60} ADR—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{81} SUBJ MATTER: CORPORATE