CURRENT ISSUE: Volume 21 No. 1



“Package Deal”: The Curious Relationship Between Fiduciary Duties and the Implied Covenant of Good Faith and Fair Dealing in Delaware Limited Liability Companies



BY MONICA E. WHITE — Since 1977, the popularity of the limited liability company (“LLC”) has grown tremendously, overtaking the corporation and the partnership as the preferred business structure in many jurisdictions. Amidst this growth in popularity, a legal debate has sparked concerning the existence, nature, and extent of the fiduciary and contractual duties owed in the LLC context. Read More



“Comply Or Explain — A Flexible Mechanism to Countervail Behavioral Biases in M&A Transactions



BY GERRIT M. BECKHAUS — Mergers and acquisitions (M&A) are a common phenomenon of great importance in today’s business world. However, the majority of them fail to achieve the aspired objectives. These failures can be attributed to various circumstances, inter alia decision-makers’ vulnerability to behavioral biases due to the complexity, uncertainty, and time pressure characteristic of M&A transactions. Read More



Politics and Legal Regulation in the International Business Environment: An FDI Case Study of Alstom, S.A., in Israel



BY JEFFREY A. VAN DETTA — With the economic instability roiling through the European Union (EU), companies located in the Euro Zone will be challenged truly to “think outside of the box” in structuring international growth from a now suddenly unstable home base. There is evidence that looking for investment opportunities outside the Euro Zone will continue to be a very propitious source of attractive economic returns. Read More




Service Via Facebook



JOE PICONE — One would be hard-pressed today to find an individual who is not an active Facebook, Twitter, or LinkedIn user.  With almost two billion active users, these are some of the most popular social networking websites throughout the world.  Currently, these networking websites are used for entertainment and outreach, but will they soon […]



Prison Quotas Stall Policy Advancement



STEVEN VITALE – For more than a decade, the United States has had the highest incarceration rate of any country in the world. In order to provide some perspective, the natural incarceration rate in comparable countries is 100 prisoners per 100,000 people in the population; the United States has an incarceration rate of 500 prisoners per […]



The Proposal to Increase Federal Minimum Wage



KRISTEN SUSIK – President Obama is actively involved in promoting the proposed legislation to increase the federal minimum wage, the Fair Minimum Wage Act of 2013.  At a State of the Union address, President Obama indicated that a full-time worker earning the current minimum-wage did not earn enough money to fall above the federal poverty line. […]



The Return of Internet Gambling



CHAD PASTERNACK – In 2006, the Unlawful Internet Gambling Enforcement Act (“UIGEA”) took the online gaming community by storm and made wagering on games of chance illegal. Subject to the definitions of the statute, which forbid games predominantly subject to chance, online poker ceased to exist legally in the United States, despite requiring skill. The UIGEA […]