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

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.

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.

The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) invocation of its administrative authority, and self-regulatory episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. This book focuses on "rethinking" the securities laws, with particular emphasis on the Securities Act and Securities Exchange Act. In 1978, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source comprehensively has focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection.

This paper, aimed at professionals, scholars, and government officials in the field of securities regulations, compares the European (specifically the Market in Financial Instruments Directive MiFID) and U.S. securities regulations. The analysis focuses on the regulatory and supervisory framework, trading venues, and the provision of investment services. We show that although there may be regional differences in the structure and rules of current securities regulation, the objectives and some outcomes of regulation are comparable. Similarly, as the current global financial and economic crisis exposed gaps in securities regulations worldwide, regulators in both regions face similar challenges. This study will be particularly useful for World Bank member countries that are looking at either the European or U.S. regulations when conducting market reforms."

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.

Seminar paper from the year 2003 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 74% with Distinction, Cardiff University (Grossbritanien; Law School), course: Competition Law (Wettbewerbsrecht), language: English, abstract: In 2002 around 100,000 main dealers1 were involved in the distribution of 14 million new registered passenger cars2 throughout the European Union. This impressive fact describes only a small part of one of the biggest industries in the EU. The European car industry is described as a "national champion" among EU competition law experts. However, even the best industry is nothing without an efficient distribution system. Distribution of motor cars in the EU has been governed for nearly 20 years by the legal device of block exemption regulations. The latest block exemption, Regulation 1400/023, came into force on 01 October 2002 and brought fundamental changes. This essay intends to analyse these changes and to predict their likely impact on the car distribution sector. For that purpose it is first necessary to describe the present distribution systems used by car manufacturers throughout the EU (A.I.), to outline the approach of EC competition law towards these specific distribution systems and to explain the Commission's general policy of granting block exemptions (A.II.). Part B of this paper is concerned with specific issues regarding the new block exemption. Major changes are highlighted and compared with the former regulation. The likely impact of the new regime on the distribution systems in the EU will be evaluated in part C. By taking into account current available data and trends in the motor industry I will give a projection of what outcome the new regulation may lead to

In this enlightening book James Boyle describes what he calls the range wars of the information age--today's heated battles over intellectual property. Boyle argues that just as every informed citizen needs to know at least something about the environment or civil rights, every citizen should also understand intellectual property law. Why? Because intellectual property rights mark out the ground rules of the information society, and today's policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, free speech, digital creativity, and scientific innovation. Boyle identifies as a major problem the widespread failure to understand the importance of the public domain--the realm of material that everyone is free to use and share without permission or fee. The public domain is as vital to innovation and culture as the realm of material protected by intellectual property rights, he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clear analysis of issues ranging from Jefferson's philosophy of innovation to musical sampling, synthetic biology and Internet file sharing, this timely book brings a positive new perspective to important cultural and legal debates. If we continue to enclose the "commons of the mind," Boyle argues, we will all be the poorer.

The book offers a comparative analysis of ad hoc and institutional arbitration, contributing to the existing professional literature with the aim to assist the parties making a pertinent choice. The advantages and disadvantages of both procedures are presented in the different procedural phases, unveiling the risks and difficulties that one may encounter and offering recommendations to avoid pitfalls and dead-ends. As different constructions may be suitable for different situations, depending on the particularities of each dispute and business relationship in part, and also depending on the parties' priorities, this book does not offer a recipe to suit each and every case. The general opinion favoring institutional arbitration is mostly supported for reasons of ease and due to the high risks of improperly constructed ad hoc proceedings, but the advantages of ad hoc arbitration, if properly administered, are also recognized, admitting the potential primacy of this alternative for certain cases. This book will hopefully make a useful contribution to make a suitable choice when opting for ad hoc or institutional arbitration.

Insider Dealing: Law and Practice, first edition, was the first work to offer a detailed treatment of the rapidly developing law and practice relating to this complex area of law. The new edition of this leading text continues to provide an easily accessible guide to the practice and procedure of an insider dealing investigation, prosecution or civil action. Significantly updated to take account of the Market Abuse Regulation, which came into force in 2016 and replaced UK domestic law, this new edition contains extensive new material analysing insider dealing behaviour that amounts to market abuse. Coverage has been expanded to include important recent legislative developments and case law, and key primary materials are brought together for ease of reference. Written by a leading practitioner with unparalleled experience in both private practice and at the FSA, Insider Dealing: Law and Practice, second edition, offers a clearly structured and practical treatment of the area.

Essay from the year 2003 in the subject Law - Civil / Private / Trade / Anti Trust Law / Business Law, grade: 68%, Cardiff University (Grossbritannien; Law School), course: Competition Law, language: English, comment:, abstract: The aim of this paper is to present and to clarify the current approach of EC Competition Law to merger cases, in particular with regard to the problem of collective dominance. I will outline the problems arising from collective dominance in the context with the significant case Airtours plc v. EC Commission, recently dealt with by the European Court of First Instance. Firstly, I will give briefly the relevant facts of the Airtours case (I.). Secondly I will analyse the case with regard to the criticism made by legal experts (II.) and then give an ove rview on which measures are proposed in the future to eliminate the errors made (III., IV.). Lastly, I will interpret these measures and give an answer to the question whether or not these measures are sufficient to solve the present problems in context with the current EC Merger Regulation (V.)

Seminar paper from the year 2003 in the subject Law - Media, Multimedia Law, Copyright, grade: 16 Points (very good), University of Leipzig (Law Faculty), course: The USA and Europe: Legal Issues and Conflicts, 53 entries in the bibliography, language: English, abstract: Die Arbeit befasst sich mit der Inhaltskontrolle im Internet und vergleicht die Rechtslage in Deutschland mit der in den Vereinigten Staaten. Es geht dabei insbesondere um die Frage, welche Inhalte in beiden Landern strafrechtlich sanktioniert sind und inwieweit die grenzuberschreitende Natur des Internets die Unterschiede beider Rechtsordnungen relativiert. Verfassungsrechtliche Unterschiede zwischen Deutschland und den USA werden in diesem Zusammenhang ebenfalls beleuchtet. Der zweite Teil der Arbeit untersucht Fragen des Domain Name Systems und seiner Kontrolle durch ICANN. Die Arbeit wurde im Rahmen eines gemeinsamen Seminars der University of Miami School of Law und der Juristenfakultat der Universitat Leipzig erstellt und ist daher in englischer Sprache verfasst.

Focusing on key areas including goals, money, values, lifestyle, and communication, "The Key Questions" contains one hundred stimulating questions that help business partners uncover each other's needs, desires, and dreams for the business.and themselves.

Whether already in business or just starting their exploration, business partners will address issues such as:

.What are our strengths and weaknesses? Are there gaps left open that our skills (together) don't satisfy? . Can the company's income meet our combined personal needs? What happens if it doesn't? .What are our needs and boundaries when it comes to personal privacy and confidentiality? .Does either one of us have health or family (child or parent) issues that may affect our time commitments to the business? .Can your (potential) partner hold a conversation in a networking or non-business setting? Hold her liquor? Hold her tongue?

This invaluable tool for business owners transcends the issues of what to put in a partnership agreement-this is about the essential ingredients that make up a good partnership. "The Key Questions" lets business partners know which questions to ask and encourages them to find their own answers to define success on their own terms

This "FRAUD LAW BOOK FIVE" is a compilation of articles illustrating the diverse areas in which serious fraud occurs, areas such as accountancy frauds, music piracy, internet fraud and identity fraud. In music piracy, for example, the issue is that of the protection of property rights yet still ensuring the free circulation of goods bought in good faith. It remains to be seen whether the UK Fraud Act 2006, passed in November 2006, will deliver and combat fraud.

This book was written to give a brief but good overview of the regulations for doing business in the United Kingdom. If a businessman knows what regulations are in force in a country, he should not be caught unawares by income tax investigations, demand for Value Added Taxes which he did not expect, and so on. This book is NOT a business manual. It is NOT a law textbook for students grappling with examinations on the subject, although it adequately fits that description; rather, it is for general public readership: it has been written in a readable style, by passing pomp and jargon. In this valuable contribution to an understanding of U.K. business regulations, the author urges all business people to know their rights, have their affairs in order and learn the rules of engagement as they can be used to their advantage.

Fraud is big business and it rots the fabric of finance and accountancy, as it is exercised by all day trading of bonds, junk bonds, loans. Twenty-five years ago, fraud was said to be rapidly expanding and manifests itself by shady deals, fraudulently converted cash. Fraudsters who are active, especially electronic fraud, do in fact treat the use of fraud as serious "business" and the execution of frauds as "work," much as other criminals treat their activities as their "job"! Identity theft poses a frightening threat of being taken in by crooks. If twenty-five years ago it was estimated that the amount of fraudulent cash around the world at any one time more than equalled the Gross National Products of several third-world countries, it would not be believed--a damning indictment indeed.

In this fascinating and comprehensive study on Fraud the author takes advantage of the fact that people seem thrilled to hear about frauds, like murders. She has prepared works that will use the reader's' attention to discuss law enforcement and the consequences of breaking the law by committing frauds.

Contents: general principles: e.g. definitions, objectives, criteria, direct and indirect taxes, jurisdiction, personal taxation, company taxation, local taxation; income tax: charges, exemption, returns, penalties; reliefs and rates: rates of tax, income tax, minimal taxable income; trade, business, profession or vocation: e.g. meanings; liability; succession, discontinuance, capital allowances, sale of buildings, partnerships; employment income: assessment, deductible income; companies income tax: assessments, returns, petroleum profits' tax; settlements, trusts and estates; international taxation; capital gains tax; and tax appeals. The author is an expert in taxation in Nigeria working with Price Waterhouse Cooper, Lagos.

This is Book Two ("Fraud and the Serious Fraud Office") in the series 'Fraud Law', following Book One ("Serious Fraud and Current Issues"), and deals with legal issues such as the right to silence of a suspect. The law of Germany, France and New York and Illinois is discussed and compared with English law to give a good perspective of fraud in the developed world.

The very fact that the series consists of five volumes speaks for itself that fraud is a huge problem and seems to have become accepted as part of our culture, with roots of fraudulent behaviour running deep into the fabric of finance and accountancy. There is nothing new under the sun, as the saying goes, and fraud is as common today as in centuries past, man's ingenuity and cunning only growing sharper.

In this incisive analysis of securities regulation, Roberta Romano demonstrates that the current approach toward U.S. securities regulation by the Securities and Exchange Commission should be revamped by implementing a regime of competitive federalism. Under such a system firms would select their regulator from among the fifty states, the District of Columbia, the SEC, or other nations. She asserts that competitive federalism harnesses the high-powered incentives of markets to the regulatory state to produce regulatory arrangements compatible with investors' incentives. Firms will locate in the domicile investors prefer so as to reduce the cost of capital, and states will have financial incentives, such as incorporation and registration fees, to adapt their securities regimes to firms' domicile decisions. Romano contends that empirical evidence does not indicate that the SEC is effective in achieving its stated objectives. The commission's expansions of disclosure requirements have not had a significant impact on investors' wealth. Indeed, she contends, evidence from institutional equity and debt markets and cross-country listing practices have shown that firms voluntarily disclose more information than they would under mandatory requirements because firms want to provide the information investors demand. Romano concludes that competitive federalism will enable new U.S. and foreign issuers as well as mature issuers to select a securities regulatory regime that is superior to that of the SEC: the aspects of the SEC's regime that are valuable to investors will be retained; those that are not will be discarded. The resulting regime will enhance the wealth of investors.

This book presents a simplified description of the IRS tax and reporting requirements with an emphasis on "real world" situations. Examples and diagrams help the reader through the maze. First, the book introduces basic concepts and terms. This discussion follows the order of the regulations, and the reader is introduced to relevant terminology and acronyms. Second, it paints a relatively comprehensive picture of a typical structure (one with just a few "bells and whistles") and illustrates this with a simple diagram. Then, it proceeds to set forth a number of fact patterns by changing a few of the assumptions. Next, it describes how to comply with the rules in the context of the various fact patterns. Third, a handful of recommendations on compliance are made. These are based on experience with the new rules. Fourth, Frequently Asked Questions (FAQs) are answered. Features a Glossary at the end. Copies of the important IRS regulations, notices, announcements, forms, instructions, and publications are reproduced in the WORKPAPERS. Published under the Transnational Publishers imprint.