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Madonna Sued for Late Concert Start
November 29, 2019
"There's something that you all need to understand," Madonna said during her Las Vegas concert, "and that is, that a queen is never late." Maybe so, but concertgoer Nate Hollander is suing her and concert promoter Live Nation for breach of contract. Hollander claims that first announcing the concert start time to be 7.30 p.m. and then changing it to 10.30 is a breach of contract. No refund has been offered, he alleges, and attempts to resell the tickets will not make up for the money...
November 29, 2019
"There's something that you all need to understand," Madonna said during her Las Vegas concert, "and that is, that a queen is never late." Maybe so, but concertgoer Nate Hollander is suing her and concert promoter Live Nation for breach of contract. Hollander claims that first announcing the concert start time to be 7.30 p.m. and then changing it to 10.30 is a breach of contract. No refund has been offered, he alleges, and attempts to resell the tickets will not make up for the money...
The Effects of the Extant Clauses Limiting Auditor Liability on Audit Fees and Overall Reporting Quality
August 1, 2019
Regulators and shareholders generally oppose any restriction on clients' rights to sue their auditors, believing that such restrictions would impair reporting quality. However, the evidence suggests that the opposition to limitation of liability agreements (LLAs) between clients and auditors is likely unwarranted. Specifically, the evidence indicates that LLAs are beneficial to clients by lowering their audit fees. More importantly, we find no evidence that they impair financial reporting quality...
August 1, 2019
Regulators and shareholders generally oppose any restriction on clients' rights to sue their auditors, believing that such restrictions would impair reporting quality. However, the evidence suggests that the opposition to limitation of liability agreements (LLAs) between clients and auditors is likely unwarranted. Specifically, the evidence indicates that LLAs are beneficial to clients by lowering their audit fees. More importantly, we find no evidence that they impair financial reporting quality...
Buyer and Seller Differences in Business‐to‐Business Negotiations
July 23, 2019
The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative...
July 23, 2019
The purpose of this article is twofold: first, to examine the differences between buyers' and sellers' use of negotiation tactics in face‐to‐face business‐to‐business (B2B) negotiations and second, to explore how negotiators' professed negotiation styles influence buyers' and sellers' use of tactics. The methodology is a multiple case study analysis of eighteen negotiators representing twelve companies in six real‐life buyer–seller negotiations in B2B settings analyzed using qualitative...
Entrepreneurs’ Legal Status Choices and the C Corporation Survival Penalty
July 13, 2019
Foundational to the American Dream is the ability to easily and rapidly start a new business. Over the past quarter‐century, the limited liability company (LLC) dramatically shifted the choice of legal status calculus for entrepreneurs, and in its wake a consensus against the use of traditional C corporations by closely‐held firms emerged. The C corporation, scholars argued, had fatal drawbacks despite its simplicity: tax disadvantages as well as governance inflexibility. Due to historically...
July 13, 2019
Foundational to the American Dream is the ability to easily and rapidly start a new business. Over the past quarter‐century, the limited liability company (LLC) dramatically shifted the choice of legal status calculus for entrepreneurs, and in its wake a consensus against the use of traditional C corporations by closely‐held firms emerged. The C corporation, scholars argued, had fatal drawbacks despite its simplicity: tax disadvantages as well as governance inflexibility. Due to historically...
Article on Three Options for a Private Business in a Divorce
May 9, 2019
Justin T. Miller recently published an Article entitled, Three Options for a Private Business in a Divorce, Probate and Property Magazine, Vol. 33 No. 2, March/April 2019. Provided below is the introduction to the Article. As part of the marital dissolution process, spouses generally need to identify, value, and divide assets. For certain types of property, such as bank accounts, the process is fairly simple. But what do you do if the spouses have an ownership interest in a private business? The...
May 9, 2019
Justin T. Miller recently published an Article entitled, Three Options for a Private Business in a Divorce, Probate and Property Magazine, Vol. 33 No. 2, March/April 2019. Provided below is the introduction to the Article. As part of the marital dissolution process, spouses generally need to identify, value, and divide assets. For certain types of property, such as bank accounts, the process is fairly simple. But what do you do if the spouses have an ownership interest in a private business? The...
Business Valuations in Divorce
May 6, 2019
From Texas Lawyer: Depending on each spouse’s perspective, business valuation in a divorce can lead to sticker shock, disappointment, or both. The business operating spouse (who wants to keep the business after the divorce) usually wants the business to have a lower value, so they can be awarded both the business as well as other marital assets. The other spouse generally wants the business valued higher, so they can receive a larger portion of the other assets or, better yet, all of the other...
May 6, 2019
From Texas Lawyer: Depending on each spouse’s perspective, business valuation in a divorce can lead to sticker shock, disappointment, or both. The business operating spouse (who wants to keep the business after the divorce) usually wants the business to have a lower value, so they can be awarded both the business as well as other marital assets. The other spouse generally wants the business valued higher, so they can receive a larger portion of the other assets or, better yet, all of the other...
Family Business Succession: The Joys and Challenges
December 22, 2017
Family business succession can be joyous when there is a succession plan. But when there’s no plan in place, it can be anything but joyous. It is a familiar scenario for a family. Husband and wife build a family business, take pride in its growth and achievements while it provides for the family and then some. The goal is to then pass it on as a legacy to the children, so they don’t have to start from scratch. And then, when we are ready to scale back or retire, our children will carry...
December 22, 2017
Family business succession can be joyous when there is a succession plan. But when there’s no plan in place, it can be anything but joyous. It is a familiar scenario for a family. Husband and wife build a family business, take pride in its growth and achievements while it provides for the family and then some. The goal is to then pass it on as a legacy to the children, so they don’t have to start from scratch. And then, when we are ready to scale back or retire, our children will carry...
The Use and Misuse of Patent Data: Issues for Corporate Finance and Beyond
December 22, 2017
OVERVIEW — Corporate finance researchers who analyze patent data are at risk of making highly predictable errors. The problem...
December 22, 2017
OVERVIEW — Corporate finance researchers who analyze patent data are at risk of making highly predictable errors. The problem...
Tait: “Corporate Family Law”
October 13, 2017
Allison Anna Tait (Richmond) recently published Corporate Family Law, Northwestern University Law Review, Vol. 112, No. 1 (2017). Here is the abstract: There is no such thing as corporate family law. But there are corporate families, and corporate families fight. What happens when corporate family members fight and the conflict is so severe that one or more of the parties wants out of the corporate relationship? Corporate law provides some solutions, but they are shaped by the assumption that...
October 13, 2017
Allison Anna Tait (Richmond) recently published Corporate Family Law, Northwestern University Law Review, Vol. 112, No. 1 (2017). Here is the abstract: There is no such thing as corporate family law. But there are corporate families, and corporate families fight. What happens when corporate family members fight and the conflict is so severe that one or more of the parties wants out of the corporate relationship? Corporate law provides some solutions, but they are shaped by the assumption that...
Tech Companies Want Speedy and Private Dispute Resolution
October 4, 2017
Arbitration is a better solution for tech companies than litigation but it needs to be faster. Technology companies would prefer arbitration over litigation when dealing with disputes. Respondents identified the top three problems with litigation as cost (64 per cent), time to resolution (57 per cent), and inexperienced or unqualified judges (46 per cent). More than 20 per cent of tech companies said that their main concerns included overly intrusive discovery practice, random jury verdicts,...
October 4, 2017
Arbitration is a better solution for tech companies than litigation but it needs to be faster. Technology companies would prefer arbitration over litigation when dealing with disputes. Respondents identified the top three problems with litigation as cost (64 per cent), time to resolution (57 per cent), and inexperienced or unqualified judges (46 per cent). More than 20 per cent of tech companies said that their main concerns included overly intrusive discovery practice, random jury verdicts,...
