Master's Thesis from the year 2009 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: gut, Tilburg University (Faculty of Law), course: International Business Law, language: English, comment: Benotung in NL 8,0 (entspricht "gut"), abstract: The ENIC judgement of the Court of Arbitration for Sports clarified in 1999 that the UEFA regulations on multi-club ownership are necessary to maintain the integrity of football, in particular, the authenticity of results. Under the UEFA regulations, controlling interests in more than one club participating in a UEFA club competition are prohibited. However, it is not only multi-club ownership that may influence the so-called integrity of the game. Investments of clubs in other clubs (cross ownership) and shareholdings of "club-involved" persons in a club different from their own also raise issues. The following paper therefore examines the current regulations on those shareholdings for UEFA competitions (Champions' League and Europa League) and for national leagues in England, Spain, and Germany. The analysis provides a detailed overview of how the game's integrity is protected and shows whether improvements seem necessary.

I have confined my Endeavour to study "The Copyright Aspects of the Internet with Special Reference to Piracy." With proliferation of internet it seems obvious that a new kind of copyright violation is challenging the traditional notions of copyright. By and large, despite the difficulties and complexities of addressing copyright violations committed through the Internet, copyrights remain valuable intellectual property in the Internet age. Thus far at least, copyright owners have largely succeeded in protecting their intellectual property despite the proliferation of Internet-based infringements

Since the publication of the first edition of this book in 2005, the world of financial investment has experienced an unprecedented boom followed by a spectacular bust. Significant changes have been proposed and in some cases implemented in areas such as the structure of regulation, the organisation of markets, supervision of market participants and the protection of consumers. The second edition takes account of these developments, integrating them into an analytical framework that enables the reader to develop a critical overview of the role of general legal rules and specialised systems of regulation in financial investment. The framework focuses on the role of contract, trusts and regulation as the primary legal influences for financial investment. The first part explores the relationship between investment, law and regulation. The second part examines the nature of investments and investors, both professional and private. The third part discusses the central role of corporate finance and corporate governance in linking investors with enterprises that require external capital. The fourth part examines the nature, operation and regulation of markets and the participants that support the functioning of the markets. The objective remains to provide a broadly-based and critical account of the role of law in financial investment. "MacNeil's eloquent and informative distillation of the regulatory fundamentals of investment law gives his book much international relevance...a timely contribution to help readers decipher the seemingly inextricable maze of financial regulation...Practitioners and legal policy advisers will..welcome it. They should find enlightening the book's careful scrutiny of the trust and contractual foundations of investment law and practice." Benjamin J Richardson Journal of International Banking Law and Regulation, Vol 22 Issue 1, 2007 ...a fascinating and informative book...thoroughly recommended as a learned but at the same time very readable introduction to the law of financial investment Gerard McCormack Banking and Finance Law Review, Volume 21 No 2, June 2006 ...very informative tool that introduces in a very friendly and accessible manner the nearly inextricable world of financial investment laws. Fadi Moghaizel International Company and Commercial Law Review, Vol. 17 No 2, February 2006

The US and EU Comparative Company Law monograph contains the extensive research the author has done on the corporate governance systems of the USA, EU, UK, Germany, France, Slovenia and some other countries of the EU and out of EU. It analyses the differences and similarities, advantages and disadvantages, of the US single board or one-tier system in comparison with the European two-tier corporate governance systems. Following an in-depth presentation of corporate governance in general, provided with chapters on the general theory on corporate governance, the main opened issues of corporate governance, sources of law, OECD principles of corporate governance and OECD guidelines for state owned enterprises, the book focuses on the types of business organizations and ownership structures both in the US and EU corporations, and then concentrates on explaining and analysing the corporate governance systems in the EU, the USA, the United Kingdom, Germany, France and Slovenia, emphasising the features inherent to each of these systems.

Trust and Honesty in the Real World is a Teaching Course in Law, Business and Public Policy. It is a case study companion to Trust and Honesty, America's Business Culture at a Crossroad by Tamar Frankel (Oxford University Press). The book explores the reasons why business ethics is at a crossroads and what can be done to tip the scales toward trust and honesty. Case studies drawn from real business experiences provide an opportunity to assess and discuss the motivations and actions of business leaders, lawyers and regulators. Recent case histories include the fall of E.F. Hutton, the Enron collapse and the WorldCom fraud.

Collection of Articles on Business Development, Marketing, and Sales for Lawyers

The concept of well-known trademark though recent development but has attain extreme importance in present scenario. In this market driven economies well-known trademarks play a highly complex role, their functions not remain to indicate origin of goods or services now it appeal to consumers and some of them went to create mythical status for consumers. Taking its importance several efforts have been made to protect it at international as well as domestic level and courts too played important role in it protection. This book, therefore, analyse the meaning and concept of well-known trademarks, protection provided to it at international forum and in Indian Trademark Law along with leading cases of Supreme Court and high courts. It discusses various implications of recognition of well-known trademarks and suggests some measures to be exercise while recognising it. The analysis will help to understand the strategies behind its strong protection and how can these marks be beneficial and detrimental to our national interests.

The Uniform Commercial Code Made Easy marks the first time in the history of legal education that a novel has been used as a vehicle for delivering the content of a substantive body of law; in this case, a pervasive statutory scheme The Uniform Commercial Code, law in all fifty states. Mirroring the factual assumptions upon which the UCC was drafted, The Uniform Commercial Code Made Easy places the application of these laws in concrete and interesting commercial settings where they come to life. Logical reader questions are anticipated, and answered through a variety of communication channels uniquely available to the format chosen: dialogue, memoranda of law, texting and emails, are illustrative. If you are in business, the Uniform Commercial Code directly, impacts your business hundreds, perhaps thousands of times per day. Virtually every phase of a transaction in goods, from sale or lease through financing, is impacted by the laws of the UCC. Of particular significance are those provisions which can literally save a business from going under. These potential landmines need to be identified before they are stepped on. The Uniform Commercial Code Made Easy accomplishes this important task. Consumers should understand the basic laws the surround and govern their purchases leases and financing of goods. They should also understand, as should businesses, the impact of signing a promissory note, how the transfer of that note can affect one 's rights, and how to protect one 's rights when promissory notes are executed. Understanding how to protect your rights in these transactions is both empowering and essential. The mass and complexity of the Uniform Commercial Code has made comprehension and learning the content very challenging. The ease of learning is greatly enhanced by the approach utilized in The Uniform Commercial Code Made Easy. As one prominent attorney and author wrote in a recently published book review: Yes, Virginia, there is a Santa Claus In this case, he comes in the form of former University of Miami School of Law professor Robert M. LeVine, who has made one of the most complicated bodies of law in the United States the Uniform Commercial Code not only comprehensible but entertaining. Tom Shuck, Esq. Past President, Federal Bar Association Federal Bar Association Journal, August 2111 Law students, business students, and CPA 's must know the Uniform Commercial Code. It is essential to graduate from law school and is on the bar examination of every state, and the CPA examination as well. The following are illustrative of testimonials received on The Uniform Commercial Code Made Easy: It 's true. The UCC is just as daunting as it looks, and this book is the key to unlocking its mysteries. Infused with practicality, The Uniform Commercial Code Made Easy combines every day transactions with straightforward law, allowing students to not only navigate the UCC with ease, but also develop a lasting understanding of the material. The Uniform Commercial Code Made Easy 's revolutionary approach to the UCC has extensive application both in and out of the classroom as a resource for professors and a study aid for students. The Uniform Commercial Code Made Easy by LeVine was my key to success in understanding the UCC, and enjoying it Melissa Carroll Stetson University College of Law I was amazed. I never thought it possible to make the UCC interesting but I was wrong. For once I had found a book which made me understand the meaning and interrelationships among sections, and at the same time, I enjoyed reading it. F. William Harvey JD, MBA, Wharton School of Business The knowledge contained in the Uniform Commercial Code is invaluable to anyone in business, or any American who is involved in basic consumer transactions. The Uniform Commercial Code Made Easy creates a pathway to this level in a unique and entertaining manner.

Through extensive data and case analyses, this book examines the scope of the principle of arbitrability in international commercial arbitration. Its particular emphases is on the extent of its applicability on commercial claims, which, though forming part of private dispute settlement agreements by arbitration, have usually remained excluded from the jurisdiction of arbitration tribunals. The book begins with a conceptual study of the principle and its historical development, as well as the underlying considerations generally advanced to support limitations to arbitrability. The main areas covered include; anti trust and competition claims, securities claims, intellectual property claims and bankruptcy disputes. With the aid of recent decisions and case law by courts in the US and accross Europe that cut accross these traditional so called "No go" areas for alternative dispute resolution (ADR) institutions, the author argues that arbitrability is a principle in crisis.

Good corporate governance should be the cornerstone of all company management. This book attempts to answer the question of whose interests must be granted primacy in the management of a company with the main focus on South African company law. An international comparison of the position in Botswana, Australia, New Zealand and the United Kingdom is also provided. Shareholders' interests are traditionally granted primacy in the management of a company, but there has been a shift in public opinion towards recognition of a wider variety of interests that should be considered. The different theories on the nature of a company are discussed. A new theory is proposed on how directors should balance the different interests of the various stakeholders, but still act in the best interest of the company, as a separate legal entity. The outcome of this extensive research provides a clear indication to directors of who the beneficiaries of their fiduciary duties are. This book will interest legal practitioners, directors and company secretaries, university libraries, academics, and postgraduate students.

Cryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.

This reprint of an LL.M thesis completed in year 2004 analyses the EC competition law rules on the duty to supply competitors, and in particular the impact of the modern essential facilities doctrine on traditional case law. In an attempt to establish a consistent analytical framework in respect to the question of when and under what conditions a competitor must be supplied, this study suggests that in the future, a clearer distinction should be drawn between cases concerning access to essential facilities and cases involving other factors such as an unwarranted monopoly extension, discrimination or the penalisation of vigorous competition. By examining the repercussions of IMS Health and Microsoft, the study suggests that the relevance of the interventionist essential facilities doctrine is limited to rare cases, including access to unused infrastructures, de facto standards, certain platform technologies or software interfaces.

Muslim Law is a unique legal system which is based on religion and implements religious doctrines into legal norms. Islamic banking and Islamic financial products are very special phenomenon. There are many problems that Islamic banks and financial institutions have to face. Some of the problems lie within the heart of the system itself; the major question is how to comply with Koranic rules on contracts on the one hand and modern development of financial market on the other. The main object of the research is a comparative study of Islamic banking and Islamic financial products in UK, US and Malaysia. I suggest that comparative study of Islamic banking and Islamic financial products precisely in those three jurisdictions had potential to reveal many problematic aspects of practice of Islamic finances. It was essential to identify problematic issues before suggesting most suitable solutions to them. This work does not target special group of readers.It might be interesting for every person interested in Islamic finances and Islamic banking, advanced in Islamic finances as well as for the beginner.

Fed up with the expense and slow pace of civil litigation, corporate and individual disputants alike are increasingly turning to various forms of Alternative Dispute Resolution to help redress their grievances. ADR is a broad construct, encompassing mediation, arbitration, and any other form of formalized dispute resolution except litigation. Congress recently required the federal district courts to drastically expand their use of ADR, and more and more law firms are turning to ADR as a cost-effective alternative to litigation. Nonetheless, in many ways, ADR's effectiveness remains largely untested. This dissertation maps out an approach to civil dispute resolution that identifies and manages disputants' non- rational, covert motives and interests involved without resorting to litigation. It is particularly concerned with three related areas of inquiry. First, it aims to identify and address disputants' true needs and goals. Second, it examines bias and irrational thinking, and looks at the ways in which these factors may impede negotiations. Finally, it proposes a new strategic approach to mediation that bolsters both its effectiveness and efficiency.

The ultimate guide to the current rules and regulations that govern the securities industry?including amendments in 2010

Providing readers with expert coverage of domestic securities regulation, this book fills the need for coverage of securities regulations, defining, describing, and explaining everything professionals need to know about domestic securities regulation.Examines the current securities rulesProvides an overview of the latest regulations for this industryIncludes a description of the various government regulations of securities markets, and securities transactions

Since the corporate scandals of 2002, this industry has seen intense scrutiny of how it is regulated. Regulation of Securities, Markets, and Transactions demystifies the new laws and regulations with straightforward, to-the-point coverage professionals need.

Based on in-depth interviews with more than 30 senior, experienced bankers, regulators, consultants, and others deeply involved in the regulatory process, this text provides the real best practice picture of what actually works, what ought to work, what prevents it from working, and what needs to be done about bank regulations.

When corporate governance mechanisms fail, litigation is a tool that shareholders must be able to use in order to enforce their rights and/or to repair the damages caused. Here, the author inquires into the practice and realties of minority shareholder litigation in both France and the UK. In order to gain an insight into the basis that exists for the protection of minority shareholders, the paper starts with a review of the rights conferred to shareholders and the duties held by directors. Following this is an examination of the legal tools offered to minority shareholders in case of abuse by directors and/or controlling shareholders, which reveals key overlaps and discrepancies in both jurisdictions. Ultimately, a balance must be struck between an invasive interventionist approach and a non-interference method. At the same time, the author argues that this must not distract law-makers from ensuring a more efficient system for minority shareholders who are already in a somewhat vulnerable position. The subject matter of the essay is of particular interest since shareholder activism and litigation have drastically increased as a result of the recent credit crisis.

The Obama administration aims to lay a sound foundation for growth by investing in high-speed rail, clean energy, information technology, drinking water, and other vital infrastructures. The idea is to partner with the private sector to produce these public goods. An Obama government bank will direct these investments, making project decisions based on the merits of each project, not on politics. This approach has been a cornerstone of U.S. foreign policy for several decades. In fact, our government-led reinvestment in America is modeled explicitly on international public banks and partnerships. However, although this foreign commercial policy is well-established with many successes, it has also been deservedly controversial and divisive. This book describes the international experience, drawing lessons on how the Obama Bank can forge partnerships to promote a durable twenty-first-century New Deal.

White-Collar Crime describes white-collar crime and criminals. It discusses executive knowledge of white-collar crime, and white-collar crime theories are presented. Executive positions involved in crime, white-collar crime analysis, response to crime suspicion, corporate social responsibility, and corporate reputation damage and repair are some of the core topics of this book. Knowledge strategy, intelligence strategy, and systems strategy are also presented from a strategic management perspective.

This practice aid focuses on the "nuts and bolts" of performing valuation and allocation analyses specifically related to Internal Revenue Code 409A ("409A"). The broad scope of this new Code section provides that, unless certain requirements are met, amounts deferred under a nonqualified deferred compensation plan will be currently includible in income and subject to an additional 20% excise tax. Since there are many complexities involved in performing such valuations, and instead of muddying the waters with esoteric discussions about the proper treatment of specific issues, this guide provides a solid foundation for the reader to perform the most common 409A valuations over a wide variety of economic conditions.

This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19

The Sarbanes-Oxley Act of 2002 makes CEO's and CFO's personally responsible, not only for the accuracy of their financial statements, but also for reporting on the effectiveness of their company's internal controls. This fast and easy-to-read revised 2nd edition of this book describes, in plain language, what the U.S. Sarbanes-Oxley Act says, it explains why the Act came into effect, and shows what companies need to do to ensure that they are in compliance with the Act. This book will help you to understand your obligations under the Act, and will enable you to establish and maintain financial controls using simple, common-sense guidelines that every company, private as well as public, should follow.