Category Archives: Uncategorized

“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 […]

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“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 […]

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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 […]

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