Company Lawyers Research Articles

Foreign Investors of the World, Unite! The International Association for the Promotion and Protection of Private Foreign Investments (APPI) 1958–1968

Abstract This article studies lobbying efforts by the actors that investment treaties protect – namely, foreign investors. It uses a legal-historical approach to analyse the activities of the International Association for the Promotion and Protection of Private Foreign Investments (Association internationale pour la promotion et la protection des investissements privés en territoires étrangers or APPI), a transnational business interest association that lobbied for better protection of private foreign investment under international law. The article considers the role of this group in lobbying for three multilateral investment treaties (an investment code, investor-state arbitration and investment insurance) during the 1950s and 1960s, using unexplored archival sources. The article makes three substantive contributions to the literature. First, it shows that the key actors involved in APPI were a transnational advocacy network of businessmen and lawyers at multinational companies, mainly in the oil and banking sector. Second, it shows how these two types of actors (businessmen and lawyers) acted symbiotically. The businessmen provided access to policy-makers and introduced company lawyers into the policy-making cycle. The company lawyers provided expertise and specific legal texts with which civil servants could work. Third, it argues that, despite the group members’ common goal to improve foreign investment security, competing individual initiatives and institutional competition, next to state preferences, often impeded more effective lobbying.

Fintech companies face investment company status challenges

Purpose To inform readers of the challenges that fintech companies can have regarding investment company status, using two recent examples. Design/methodology/approach The article provides an introduction to the subject, discusses two examples of fintech companies that had investment company status challenges, and provides concluding remarks regarding each. Findings Navigating investment company status can be challenging for fintech companies, and in some cases, as was the case with the two companies discussed in the article, it may be necessary, or at least advisable, to seek to obtain an order from the SEC. Practical implications It is important for fintech companies to evaluate their investment company status in early stages and continue to monitor their status thereafter, particularly if they are considering a public offering. Originality/value Technical guidance from experienced investment company status lawyers.

France

This technical note (TN) sets out the findings and recommendations made in the Financial Sector Assessment Program (FSAP) for France in the areas of anti-money laundering and combating the financing of terrorism (AML/CFT). The TN summarizes the findings of a targeted review of France’s AML/CFT framework with respect to measures to prevent and combat terrorist financing (TF), risk-based supervision of banks, real estate agents, company service providers and lawyers, measures to tackle cross-border crimes, and fintech. It provides a factual update on the key measures taken by the authorities since France’s previous assessment against the Financial Action Task Force (FATF) standard during 2010-2011. The TN is not, in any way, an evaluation or assessment of France’s AML/CFT system. France is scheduled to undergo a comprehensive assessment against the prevailing standard during 2020–2021 by the FATF.

Foreword: Protecting Non-Smokers From Exposure to Secondhand Tobacco Smoke.

* Abbreviations: CEO — : chief executive officer FAMRI — : Flight Attendant Medical Research Institute We are the Miami, Florida, husband and wife legal team who filed the first class action lawsuit against the tobacco industry in 1991, Broin v Philip Morris , on behalf of a nationwide class of nonsmoking flight attendants who suffered the diseases of smokers from breathing tobacco smoke while working in airline cabins. Broin was followed by our smokers’ class action lawsuit, Engle v R.J. Reynolds , filed in 1994. Dr Howard Engle was the pediatrician for our 9 children and, as a longtime addicted smoker, served as lead class representative. Both class actions received a great deal of media attention, raised public awareness of the dangers of secondhand smoke, and helped bring about much-needed smoking bans. The prevalent attitude in 1991, as reflected during Broin jury selection, was that secondhand cigarette smoke was a mere annoyance, not a health risk. Tobacco company lawyers argued during the Broin trial that secondhand smoke exposure in an airline cabin was the equivalent of “a few packets of Sweet ‘N Low in Lake Okeechobee.” Broin was settled after 4 months of … Address correspondence to Susan Rosenblatt, Flight Attendant Medical Research Institute, Miami, FL. E-mail: susan{at}stanleyandsusanrosenblatt.com

Trying to save the world with company law? Some problems

This paper aims to unravel two connected errors in the current critical position on companies. Since the financial crisis, there have been a growing number of voices in the academic community raised against the shareholder value driven corporate sector. The often conservative and highly doctrinal voices of English company lawyers have become in parts more radicalised and have found common research ground with varied academic disciplines and with company lawyers in other jurisdictions more accustomed to critical approaches. New ideas have been forged; old ideas have been rediscovered and re-examined. In the emerging networks, the neoliberal domination of the study of companies is being substantially challenged. As exciting as this is, I am concerned that critical scholars have cohered around a core claim about company law which is erroneous. Furthermore, they have largely assumed that the current economy can sustain a social agenda as well as creating profit. This, I argue, hugely underestimates entrenched problems in the economy. In unravelling these issues my aim is to reorientate challenges to shareholder primacy and to the claims of capital more generally.

Workplace Knowledge and Employee Mobility: Lessons from History

It is an article of faith among many corporate executives and their company lawyers that corporate ownership of employee-generated intellectual property and non-IP human capital should be owned and...

The New Law of Piercing the Corporate Veil in the UK

In a seminal judgement in 2013, Prest v Petrodel, the English Supreme Court clarified the law of piercing the corporate veil. This had become necessary because, in a growing number of cases, attempts were made to circumvent the separate personality and limited liability of companies. However, it is well known that English company lawyers were never really fond of piercing the corporate veil. The Supreme Court even went so far as to call the existence of the doctrine into question altogether in VTB Capital. Soon after VTB Capital, however, Prest apparently confirmed the existence of the doctrine. It also made an effort to deliver the long missing rationale for piercing the veil by spelling out the “evasion principle” as opposed to the “concealment principle”. However, this rationale is extremely narrow and leaves only two classical cases (Jones v Lipman and Gilford Motors v Horne) as good law. Moreover, Prest curtailed the scope of piercing the veil even further. By introducing a “rule of last resort”, it turned it into an exceptional remedy that will hardly ever apply in practice. Arguably, under that rule, it would not even have applied in the very cases that are supposed to carry the principle. Moreover, the justices of the Supreme Court take very different views on the doctrine of piercing the veil as a remedy. In a subsequent judgement in another Gramsci case, the Court of Appeal went so far as to deny any clear rationale. This raises the question where the law on piercing the veil stands today. Therefore, we will interpret the will of the Justices as the oracles of the law (sub II). After that, we will subject it to critical analysis (sub III). Then, we will conclude (sub VI).

Will Your Workplace Conduct Rules Pass Muster With the NLRB?

It seems an issue of Management Report has seldom gone by over the past few years without at least one report of a case where the National Labor Relations Board has found that a nonunionized employer maintained unlawful work rules. As a remedy, the Board requires the employer to revise its rules and to publish an admission to all employees that it has maintained unlawful rules. These cases make clear that a company's normal workplace conduct and behavior rules could make it a target of the NLRB, even when the rules were reviewed and approved by the company's lawyers. This column looks at the effect of the National Labor Relations Act, as the NLRB currently interprets it, on rules for conduct and behavior. We also make suggestions on how to avoid the risk of having rules dragged before the NLRB for review.

Students’ perceptions and attitudes towards entrepreneurship, a cross- program and cross- cultural comparison

Background: It is definitely crucial to develop a spirit for entrepreneurship amongst young people since new business development supports prosperity of any country on the planet, especially developing ones. Yet, there seems to be a generally prevailing trend for students to pursue corporate careers despite declaring a strong willingness to open a business. Aim: The purpose of this study is to examine which factors, perceptions and attitudes have the most significant impact on the students’ intention to start up their own company and how it changes according to educational level and study programs across countries. Methods: The empirical research was conducted on 193 students between 18-40 years old, across 16 nations, who provided answers for the survey on their perceptions of entrepreneurship- related issues. The 24 question survey covered the following areas: demographic data, students actual entrepreneurial experience, motivations, impact of studies and family, attitudes towards entrepreneurship, perceived success factors, best sources of financing and barriers. Findings: First, it is surprising that an extremely small group of students (9.84%) have their own business, 26.9% works for a corporation, and nearly one in four students already tried to open a firm and failed. The intent to establish a company in the future is declared by 161 students although a greater number of students consider themselves entrepreneurial. Second, my study shows that bachelor students are highly influenced by family when showing entrepreneurial intentions and consider family as the best source of financing future business; master students on the contrary declare not to be influenced by family and indicate EU funds as well as own savings as the best business financing options. Importantly, nearly 80% of students from Western European countries consider entrepreneurial personality as something that can be developed, on the contrary students from the Middle East in almost 70% treat it as an inborn trait. Third, this paper highlights that the most desirable characteristic in an entrepreneur are differently perceived by law students, management students and finance students- being creativity, leadership skills and diversity management skills respectively. Lastly, when starting a company lawyers regard the team as the decisive factor, management students see the window of opportunity as the prerequisite and finance students- the resources. Value: This paper indicates students’ entrepreneurial intention patterns and suggests the most common perceptions of entrepreneurship by the young generation.

”Att skriva avtal är att förutse problem”. Medierad diskursanalys som metod för att studera bolagsjuristers textbruk

Att texter är centrala i juridisk verksamhet är välkänt. Här fokuseras avtalstexter och avtalsprocesser i bolagsjuristers yrkesverksamhet, men även juristers övergripande kompetenser beskrivs i termer av medierande redskap/handlingar. Den teoretiska ramen är nyvygotskianism, varur Mediated Discourse Analysis används som analysmetod. Abstract:By applying concepts from Mediated Discourse Analysis (MDA, Scollon & Scollon 2004), this article contributes to the field of applied linguistics theoretically and empirically. The theore­tical issue is the problematization raised by e.g. Karlsson (2010) on how to regard the text–“context” relationship. The empirical contribution concerns our knowledge about how texts are used in professional communication. The data consists of observations of company law­yers’ work, interviews, a focus group, a few texts and feedback from lawyers on preliminary findings. The results show that the writing of contracts is a predominant social practice (or nexus of practice, as several practices are included in this) for company lawyers; that this practice includes anticipating and avoiding problems for the company; and how this practice is locally performed together with other professional representatives. MDA is shown i.e. to include concepts for analysing actors dealing with complexity out of the immediate inter­action.

Santa Clara Law Best Practices in Patent Litigation Survey

Over the past few years, Congress, appellate, and district courts have made significant strides to improve patent law and litigation practice. Congress is now considering making more changes, to supplement ongoing tailoring by the courts. Dialog between the patent bench, patent bar, and lawmakers is crucial for informing these efforts. To support this dialog, we developed, in consultation with judges and company lawyers in spring of 2013, a list of questions to probe the experiences, opinions, and suggestions of lawyers. We asked survey takers to rate, on a range from ineffective to very effective at enhancing the efficiency of litigation, certain existing and proposed practices and interventions, and converted these scores into numerical ratings (up to a highest possible effectiveness score of 100%). Based on over 500 responses, about a quarter from in-house counsel mostly at large technology companies and the remainder from outside (law firm) counsel, we probed a number of topics, and made a number of findings.For example, the highest rated intervention of any was timely decisions on summary judgment motions (86%) followed by timely decision on transfer motions (71%). Early claim construction also rated highly (around 68%). Among recent reforms, the FCAC e-Discovery model order ranked the highest in effectiveness (45%). However commentators said of many recent reforms that too much variance in court uptake and implementations, due to the discretion given to judges, undermined their effectiveness. Among proposed legislative reforms, fee-shifting and sanctions for prevailing parties and for discovery abuses rated most favorably (~65%). Based on about one hundred outside counsel responses, discovery abuses, followed by frivolous claims/defenses, were in the greatest need of sanction or shifting. Respondents also identified abuses that tended to be particular to plaintiffs: evasive discovery responses, overly burdensome or excessive discovery requests, frivolous/meritless claims, and unreasonable claim construction positions; as well as to defendants: stalling or failing to provide requested information, hiding non-infringement positions, and unreasonably delaying or asking for late trial dates. We asked about the contexts of patent litigation – 86% of in-house counsel reported that their company’s customers had received PAE demands based on the use or implementation or the company’s products. There was a split in responses about monetization of patents – slightly more than half of inhouse respondents indicated that their company had not experienced greater pressure to monetize, while slightly less than half indicated that their company had either monetized (23%) or were thinking of doing so (28%).

Conning the IADC Newsletters:Protecting The Corporate Counsel Communications Shield: The Attorney-Client Privilege Is Alive and Well for Company Lawyers

This article originally appeared in April 2013 Business Litigation Committee newsletter. IN THE CURRENT electronic era, one of substantial challenges facing defense lawyers is protecting written communications involving corporate counsel. In many companies, corporate counsel are now often part of business management team, no longer only relegated to providing legal advice when asked to do so. Frequently, legal department attorneys are located with business unit and are actively engaged with company executives and product managers in both legal aspects of business and day-to-day business decisions. In fact, company titles for in-house lawyers sound like those of executives rather than lawyers, including Executive Vice-President, Chief Compliance Officer, Senior Vice-President, Chief Privacy Officer or Corporate Secretary. These positions bring our company lawyers directly into cross-hairs of business litigation involving company decisions ranging from intellectual property and contract disputes to product liability and environmental contamination matters. The various scenarios raise interesting factual questions for traditional protections afforded to clients in attorney-client relationship, particularly when it comes to assertion of attorney-client privilege or attorney work product protection. This sacrosanct principle is the oldest of privileges for confidential communications known to common law. (1) As all are aware, with certain exceptions, privilege protects against disclosure of confidential communications between attorney and client within context of seeking legal advice from a lawyer. The privilege necessarily encourages candid and open conversations between clients and their attorneys, allowing attorneys to more effectively represent their clients' interests by understanding inner-most workings of company operations, errors made in judgment, discussions surrounding correction of problems and liabilities that might flow from those decisions, and issues relating to damage control. These kinds of lawyer-related communications likely would be deemed relevant to any litigation concerning such issues and these communications are often accomplished electronically and become central to discovery disputes when placed on a privilege log. Discoverability of these written communications is challenged through motion practice with communications initially described generally along with names of those sending, receiving and copied. The object of defense is to keep these communications from being produced, even for review by trial judge or magistrate judge or discovery master. To do so, defense lawyers must have detailed substantive knowledge of communications, electronic history of communications, inter-relationship between those involved in communications, particularly lawyers, and motivations for communications. Since It]he burden of establishing existence of privilege is on person asserting it, (2) it will be necessary to prepare affidavits from those involved explaining factual basis for assertion of privilege, so that those making legal decision understand how and whether privilege or protection comes into play. For most part, since outside lawyers are invariably consulted for legal advice, they rarely will be asked to disclose information provided to them by clients, and since communication is almost always protected, we will not address outside counsel in this article. (3) The greater challenge comes when in house counsel are involved because those seeking communications argue that privilege is inapplicable or waived and cannot shield them from disclosure. To be sure, courts acknowledge that the need to apply [the attorney-client] privilege cautiously and narrowly is heightened in case of corporate staff counsel, lest mere participation of an attorney be used to seal off disclosure. …

Tobacco company efforts to influence the Food and Drug Administration-commissioned Institute of Medicine report clearing the smoke: an analysis of documents released through litigation.

Spurred by the creation of potential modified risk tobacco products, the US Food and Drug Administration (FDA) commissioned the Institute of Medicine (IOM) to assess the science base for tobacco "harm reduction," leading to the 2001 IOM report Clearing the Smoke. The objective of this study was to determine how the tobacco industry organized to try to influence the IOM committee that prepared the report. We analyzed previously secret tobacco industry documents in the University of California, San Francisco Legacy Tobacco Documents Library, and IOM public access files. (A limitation of this method includes the fact that the tobacco companies have withheld some possibly relevant documents.) Tobacco companies considered the IOM report to have high-stakes regulatory implications. They developed and implemented strategies with consulting and legal firms to access the IOM proceedings. When the IOM study staff invited the companies to provide information on exposure and disease markers, clinical trial design for safety and efficacy, and implications for initiation and cessation, tobacco company lawyers, consultants, and in-house regulatory staff shaped presentations from company scientists. Although the available evidence does not permit drawing cause-and-effect conclusions, and the IOM may have come to the same conclusions without the influence of the tobacco industry, the companies were pleased with the final report, particularly the recommendations for a tiered claims system (with separate tiers for exposure and risk, which they believed would ease the process of qualifying for a claim) and license to sell products comparable to existing conventional cigarettes ("substantial equivalence") without prior regulatory approval. Some principles from the IOM report, including elements of the substantial equivalence recommendation, appear in the 2009 Family Smoking Prevention and Tobacco Control Act. Tobacco companies strategically interacted with the IOM to win several favored scientific and regulatory recommendations.

Insider employee stock option trading and stock prices

We examine the information content of insider employee stock option trading and its value to market investors using a US dataset. There should be no presumption that option trading would not convey valuable information and indeed, the exercise of option rights is likely to signal insider knowledge. Our results from Granger-causality tests suggest that the actions of directors, officers (senior management) and the other groups, such as company lawyers, do indeed have predictive power for future returns. However, the actions of large shareholders have no additional information content over that which is publicly available. Evidence from predictive regressions largely supports these results, but is often weaker in significance. This seems to arise as the Granger-causality approach utilises a longer lag length and suggests that it takes time for the market to assimilate the information from insider actions. Overall, the results suggest that any outsider who can mimic the behaviour of certain insider groups could benefit in predicting future returns. Finally, the results confirm the belief that the market is unlikely to be strong-form efficient and that this is particularly true with smaller firms. In contrast, larger firms appear to be priced more efficiently than smaller ones.

Holding Multinationals to account: recent developments in English litigation and the Company Law Review I

The author explores questions of how and to what extent multinational enterprises (MNEs) should be subject to specialised regulation through laws and rules relating to their activities as cross-border corporate groups – looking in particular at the responsibilities of parent companies for the acts of their overseas subsidiaries. Part one of a two-part article by P.T. Muchlinski (Professor of Law and International Business, Kent Law School, University of Kent at Canterbury) based on a Company Lawyer Lecture given by the author at the IALS on 12 th November 2001. Published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.

Legal Strategies in Upstream Oil and Gas Contracts to Attract Foreign Investment: Iran's Case

Legal Strategies in Upstream Oil and Gas Contracts to Attract Foreign Investment: Iran's Case

Crude: The Real Price of Oil (review)

Crude: The Real Price of Oil (2009) Produced and Directed by Joe Berlinger Distributed by First Run Features www.firstrunfeatures.com 105 minutes Joe Berlinger's 2009 documentary, Crude: The Real Price of Oil, is a compelling and disturbing examination of efforts to seek environmental justice in Ecuador's section of the Amazon rainforest. In the 1960s, the Ecuadorian government opened the Amazon region to oil exploration, an opportunity quickly exploited by Texaco. After three decades of oil extraction, Texaco sold its operation to PetroEcuador, owned and operated by the Ecuadorian government. The following year, 1993, a class action suit was filed on behalf of the Amazon indigenous populations against Texaco. The case was originally slated for the United States, but the oil company fought to have it tried in Ecuador. The suit charges that the petroleum giant, by diverting its waste byproducts into streams, rivers, and unlined dumping pits, created a level of toxicity that resulted in abnormally high rates of cancer, leukemia, birth defects, and other health problems. Chevron (which inherited the lawsuit after merging with Texaco) blames PetroEcuador for the environmental damage and claims that, when the company was sold to PetroEcuador, an agreement with the Ecuadorian government granted impunity to Texaco for past and future environmental contamination. Although Crude presents both sides of this complex and still unfolding legal drama, contrasting positions are depicted in stylistically different ways, possibly the result of Chevron's initial reluctance to provide access to Berlinger. Chevron's arguments are generally told through interviews with company lawyers and scientists. The interviews, however, are essentially predictable talking points with no interaction between the interlocutor and interviewee. In contrast, the plaintiffs' position is revealed through footage of American lawyer Steven Donziger and Ecuadorian lawyer Pablo Fajardo interacting with the local population and developing their legal strategy. The most notable - and most disturbing - moments include personal stories of the victims: a father recalls losing his young son after he drank water with a high concentration of oil; a young mother attempts to sell a few chickens to raise money for her daughter's cancer treatments, but soon sees the chickens succumb to the toxic environment. Other segments of Crude are implicitly disquieting. For example, Donziger was exhilarated when rock musician Sting and his wife became involved in the case. Although the couple generated much needed publicity to the plight of the indigenous populations, the viewer is left to ponder why it is necessary to utilize celebrities to achieve justice. …

The new face of immigration raids

Takingthe Case to theWorld Whilecontinuing to fight on thestreets, in the courts, and in Congress, the Electrical Workers Union is also takingits case to international organisations. The unionis sendingdelegations to the International LabourOrganisation (ILO), partoftheUnited Nations, totheInter-American Commissionon Human Rights,and to the EuropeanParliament. Theunionwillarguebefore all oftheseorganisationsthatthe government has violatedthe labourrights, thehumanrights, and theindividual civil rightsof its members.While these venuesdo notprovidemandatory relief, theydo providean opportunity to bring thecase before worldpublicopinion. AnUphillBattle Still, thisremains an uphillbattle.The Mexican government reports that62 percent oftheworkers have accepted theirseverancepay - they wereoffered a bigbonustodo so -whichmeans thattheygiveup anylegal claimto their jobs. The FederalElectrical Commission, whichhas absorbedLightand Power,has said thatitwill hireatleast1,000former Light andPowerworkers ,buthas notyetannouncedexactly whatcategoriesofworkers itwillbe employing. Meanwhile, former Lightand Powerworkers saythat becausethey weremembers ofthemilitantMexicanElectrical Workers Union,theyare beingblacklisted by bothgovernment and privateemployers . The Mexican ElectricalWorkersUnion has called formoreactionsin December,a month whenmanyMexicanswillbe travelling or celebrating withtheir families, and itwillbe difficult to maintain the momentum of the movement. Still, theunionplanstotry, and manyhaveindicatedthat they areprepared tosacrifice time, tradition , andthefestivities tofight for theelectrical workers. The new face of immigration raids DAVID BACON IsaJournalist based In San Francisco "President Obama will removeincentives to enterthe country illegally bypreventing employersfrom hiring undocumentedworkers and enforcing the law" Ana for team Contreras the this national year. would She's taikwon have 14.For been do six championship a years competitor she's forthenational taikwondo championship teamthisyear.She's14.Forsixyearsshe's gonetopractice instead ofbirthday parties, giving up thefriendships mostteenagers livefor.Then two monthsago disasterstruck.Her mother Doloreslostherjob. The moneyforclasseswas gone,andnotjustthat. "Ionlybought clothes for heroncea year, when mytax refund checkcame",Dolores Contreras explains. "Nowsheneedsshoes,andI hadtotell herwe didn't haveanymoney. I stopped thecable and theinternet she needsforschool.Whenmy cellphonecontract isup nextmonth, I'llstopthat too.I've neverhad enoughmoneyfora car,and nowwe'vegonethree months without paying the light bill". Contreras shareshermisery witheighteen hundredother families. Alllosttheir jobs whentheir employer, American Apparel, fired themforlackingimmigration status. Shestill hasherletter from the Department of HomelandSecurity (DHS), handed her two monthsago by the company lawyer. Itsaysthedocuments sheprovided when she was hiredare no good, and without work authorisation, herworklifeis over. Ofcourse, it'snotreally over.Contreras still has tokeepworking ifsheandherdaughter aretoeat and payrent. So instead ofa job that barely paid herbills,she had to findanother one thatwon't evendo that. Contreras is a skilled sewingmachine operator. ShecametotheUSthirteen yearsago,after working many years in the garmentfactoriesof Tehuacan,Puebla. There companieslike Levis makeso many pairsofstonewashed jeansthat the town'swaterhas turnedblue. In Los Angeles, Contreras hopedtofind themoney tosendhome forhersister's weeklydialysis treatments, and to paytheliving andschoolexpensesforfour other siblings. Forfiveyearsshe movedfrom shopto shop.Likemostgarment workers, she didn't get paidfor overtime, herpaychecks wereoften short, and sometimes her employer disappeared overnight, owingweeksinback-pay. Finally Contreras gota jobatAmerican Apparel, famous foritssexyclothing, madeinLosAngeles insteadof overseas.She stillhad to worklikea demon.Herteamoftenexperienced seamstresses turned out30dozentee-shirts anhour. After dividingthepiece -rate evenly among them, she'dcome homewith$400fora four-day week,after taxes. ShepaidSocialSecurity too,although she'llnever see a dimein benefits becausehercontributions werecredited to a number thatdidn't belongto her. Now Contreras's working againina sweatshop at half what she earned before.Meanwhile, American Apparelis replacing thosewho were fired. Contreras saysthey're mostly olderwomen withdocuments, who can'tworkas fast. "Maybe theysew 10 dozena day",she claims."Theonly operators with papersaretheolderones.Younger, faster workers either have no papers,or ifthey have them,theyfindbetter-paying jobs doing something easier". "President Obama is responsible forputting us in thissituation", she chargesangrily. "Thisis worse thanan immigration raid.Theywantto keep us from working at all".Contreras maybe angry, but she's not wrong.The WhiteHouse website says"President Obamawillremove incentivesto enterthecountry illegally bypreventing employers fromhiringundocumented workers and enforcing the law". On June 24 he told Congressmembersthat the government was "cracking downon employers whoareusingillegal workers in orderto drivedownwages- and INTERNATIONAL union rights Page 16 Volume 16Issue 52009 oftentimes mistreat thoseworkers". Immigration raids:enforcing the 1986 Act The law Obama is enforcingis the 1986 Immigration Reformand ControlAct, which requires employers to keep recordsof workers' immigration status, andprohibits them from hiring thosewho have no legal documents, or 'work authorisation'. In effect, thelaw made ita crime forundocumented immigrants towork.Thisprovision , employer sanctions, isthelegalbasisfor all theworkplace immigration raidsandenforcement ofthelast23 years."Sanctions pretend to punish employers", saysBillOng Hing,law professor at theUniversity of California at Davis. "In reality...

DISTRIBUTION AND INTERNET. THE IMPACT OF INTERNET ON AGENCY, DISTRIBUTORSHIPS AND FRANCHISING AGREEMENTS - 2008 annual meeting of the International Distribution Institute (IDI), organised in collaboration with the European Company Lawyers Association (ECLA), the Italian member association of ECLA (Associazione Italiana Giuristi di Impresa: AIGI), the Piedmont Arbitral Chamber and the Turin Chamber of Commerce - Turin (Italy) - 6-7

DISTRIBUTION AND INTERNET. THE IMPACT OF INTERNET ON AGENCY, DISTRIBUTORSHIPS AND FRANCHISING AGREEMENTS - 2008 annual meeting of the International Distribution Institute (IDI), organised in collaboration with the European Company Lawyers Association (ECLA), the Italian member association of ECLA (Associazione Italiana Giuristi di Impresa: AIGI), the Piedmont Arbitral Chamber and the Turin Chamber of Commerce - Turin (Italy) - 6–7 June 2008. Get access Uniform Law Review, Volume 13, Issue 3, August 2008, Pages 803–805, https://doi.org/10.1093/ulr/13.3.803 Published: 01 August 2008

Tobacco industry lawyers as “disease vectors”

Objective: Despite their obligation to do so, tobacco companies often failed to conduct product safety research or, when research was conducted, failed to disseminate the results to the medical community...