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Business Organizations

Posted on in Business Organizations/Capital Markets/M&A/Volume VI

An Examination of The Proposed Kroger and Albertsons Merger, Its Potential Effects on the Economy, and Its Regulatory Battle With the FTC

By Simon Lockard Introduction: On October 14, 2022, Kroger and Albertsons announced their plan for a $24.6 billion merger to consolidate the two largest traditional grocery store corporations in the United States.[1]  Kroger and Albertsons claim they must merge to remain competitive against Walmart and Amazon in the grocery space.[2]  The proposed merger would create a corporation… Keep Reading

Corporate Governance and Twitter’s Demise: The Revlon Rule in Focus

By Sharifa Hurt I. Introduction The legal rules of corporate governance are necessarily in place to discourage corporate greed and corruption. The situation in which corporate actors operate in self-interest at the cost of their shareholders’ demise is hardly an uncommon circumstance, and often has devastating outcomes. Theranos founder Elizabeth Holmes, defrauded investors out of… Keep Reading

Posted on in Bankruptcy/Business Organizations/Government/Investment/Public Policy/Volume V

FTX’s End Game: How Sam Bankman Fried Became a Sad Bankrupt Fraud

By Steven Moore I. Introduction In December 2022, the House Financial Services Committee convened a hearing to investigate the collapse of the cryptocurrency exchange FTX, which occurred in early November 2022.[1] The testimony provided at this hearing, as well as subsequent reporting, exposed a shocking case of fraud and corporate malfeasance, rivaling the infamy of… Keep Reading

Posted on in Business Organizations/Government/Public Policy/Trade/Volume V

How Can the USDOT and Southwestern Re-Earn American Consumer Trust?

By Sophia Sahagun I. Introduction In December 2022, Southwest Airlines melted down. Almost 16,000 total canceled flights at the end of the month left travelers and employees stranded at airports all over the country.[1] Though at first inclement weather was blamed, later it became clear that this was a Southwest-specific problem about far more than… Keep Reading

The Erosion of Public Trust in the U.S. Bankruptcy System: Causes and Consequences

By Benjamin Miles I. Introduction to Bankruptcy Fraud Although many foreign legal scholars praise the U.S. bankruptcy system for its effectiveness in providing a fresh start for individuals or businesses in financial distress, the American public largely has lost faith in the system because of its perceived misuse by businesses seeking to evade debt obligations.… Keep Reading

M&A: Twitter and Elon Musk

By Lauren Dickstein I.          Introduction: About M&A Mergers and acquisitions, commonly known as M&A, refers to the process of combining different companies through buying and selling.[1] While M&A transactions take place in various forms or “deal structures,” they all involve the transfer of ownership of part or all of a business.[2] For example, a company… Keep Reading

Posted on in Business Organizations/Finance/Public Policy/Volume V

An Implied Yet Mandatory Contractual Duty: its Development and Implications

By Nicole Farahan The Implied Covenant of Good Faith and Fair Dealing Contracting parties can choose to waive many duties. One duty, however, cannot be waived nor contracted around: the Implied Covenant of Good Faith and Fair Dealing (the “Covenant”). Even though the duty is not explicitly stated in an agreement between contracting parties, hence… Keep Reading

Posted on in Business Organizations/Employment/Public Policy/Volume IV

Why ESG Matters for Big Law Firms

by Philip Chang Modern investors use myriad non-financial metrics to assess the economic sustainability of potential companies to invest in. One of the most relevant viability standards is Environmental, Social, and Governance (“ESG”).[1] The “environment” factor in ESG refers to a company’s efforts to conserve the natural world. From a corporation’s perspective, this concerns a… Keep Reading

DEMANDING DIVERSITY: MONEY TALKS

By Hailey Hoyt          In the modern law firm, professional inclusivity should be a standard practice. Unfortunately, at this point in time, even with heightened awareness and expectations of diversity, firm demographics remain largely unchanged from a decade ago. Despite the longstanding, stagnant nature of firm demographics, sheer practicality now demands that firms diversify or be… Keep Reading

The Shift Away from Traditional Commercial Real Estate Leasing

By Marquis Cardwell            The COVID-19 pandemic has caused unprecedented economic and social consequences that have adversely affected how companies operate. Various stay-at-home orders implemented across the country forced companies to cease in-person operations while still being responsible for the obligations under their leases. According to a report conducted by Motus, approximately 11 billion square feet… Keep Reading

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