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Corporate law theory and practice considers shareholder relations with companies and the implications of ownership separated from control. Yet through the Troubled Asset Relief Program (TARP) bailout and the government's resultant shareholding, ownership and control at many companies have merged, leaving corporate theory and practice for the financial and automotive sectors in chaos. The government's $700 billion bailout is a unique historical event; not merely because of its size, but also because of a resulting ripple through corporate scholarship and practice. This article builds on the author's five testimonies before Congress during the financial crisis and implementation of the TARP bailout and his consultation for the Special Inspector General for TARP. After considering corporat...
... FDIC insured or the creation of the Resolution Trust Corporation to deal with the savings and loa... for the Securities Act's nebulous definition of shareholder control as "the possession, direct ...
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This article examines the federal government's growing use of 18 USC § 1346 to prosecute public company executives for breaching their fiduciary duties. Section 1346 is a controversial but under-examined statute making it a felony to engage in a scheme "to deprive another of the intangible right of honest services." Although enacted by Congress over twenty years ago, the Supreme Court repeatedly declined to review the statute, until now. The questions before the Supreme Court are of particular interest to public company executives and their professional advisors. Traditionally, Delaware law has governed the content and enforcement of executives' legal duties, largely protecting public company fiduciaries from civil liability. Now, with the emergence of honest services fraud as a weapon ...
... problems-and their potential resolution by the Court this Term-affect the standards of con... This time, Congress supplemented the definition of "financial institution" in 18 U.S.C., a term re...
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... of customer demands has forced corporate managers to identify the tools they possess that c...Researchers have proposed definitions of it from a variety of perspectives. The current ... a problem by the customer until final resolution of that problem (Hammer & Champy, 1993, p. 118). O...
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The FDIC is adopting this final rule (``Rule'') requiring an insured depository institution with $50 billion or more in total assets to submit periodically to the FDIC a contingent plan for the resolution of such institution in the event of its failure (``Resolution Plan''). The Rule establishes the requirements for submission and content of a Resolution Plan, as well as procedures for review by the FDIC. The Rule requires a covered insured depository institution (``CIDI'') to submit a Resolution Plan that should enable the FDIC, as receiver, to resolve the institution under Sections 11 and 13 of the Federal Deposit Insurance Act (``FDI Act''), 12 U.S.C. 1821 and 1823, in a manner that ensures that depositors receive access to their insured deposits within one business day of the instit...
... regarding the scope of coverage, definitions of terms used in the IFR, strategic analysis, gove... planning is integrated into the corporate governance structure and processes of the CIDI, th...
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...1, a continuing resolution that would slash funding for the SEC. We knew tha... filed cases alleging insider trading by corporate directors and by hedge funds, using technology com... to exempt offerings, revisions to the definition of a credited investor and disqualification of off...
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... are inapposite because they involve corporate debtors, whichCongress has singled out for respons...U. S. ___ (2011). IIAOur resolution of this case turns on the meaning of aphrase in §... also common ground that the relevant definitional section, namely §503(b), defines allowed "adminis...
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..., indoor venues, training facilities and corporate boardrooms, the V Series includes full 1080p high--definition resolution, built-in low-profile 10-watt speakers,...
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.... Disciplinarian by definition, civil peace that forms, or secures, state authori...That is, the constantly growing, corporate "stomach" of the state seeks to expand feeding not..., have a correlation with the peaceful resolution of conflicts should, perhaps, raise the question o...
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...Charter to adopt resolutions that impose mandatory rules on all states. (5) Suc... a "blacklist" of individuals and corporate entities that are subject to the sanctions. (27) S... a listing to take place and a clearer definition of what "associated with" actually means. . Second...
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... Cash-in-the-market pricing and optimal resolution of bank failures. The Review of Financial Studies,... kind of regulatory reforms are needed? Corporate Finance Review, 13, 34-37. . Bose, I. & R. Mahapat...