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MBELR Online

The blog is a composite of academic, opinion, and news-related pieces submitted by Journal members. Blog entries are independent from the print edition of the Michigan Business & Entrepreneurial Law Review.

  • Co-determination in Germany: A Model for the U.S.?

    The American conception of the duty of loyalty requires that directors act solely in the best interest of the corporation.1 In Germany, however, corporations are perceived to serve a broad social function rather than simply aiming to serve shareholder interests, and there is significant freedom under German law for company directors to factor in considerations unrelated to profit maximization for shareholders when making

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  • Can a Loan Acquirer be a Loan Originator?

    The outcome of a recent mortgage case from the Fourth Circuit offers potentially exciting news to financial institutions engaged in the business of buying loans. Although the case received little to no coverage in mainstream news, it creates an ongoing split with the Ninth Circuit and has the potential to drastically change restitution calculations following mortgage fraud. The facts of

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  • The NFL and Kneeling during the Anthem

    Ever since Colin Kaepernick took a knee during the anthem before a National Football League (“NFL”) preseason game in 2016, there has been ample commotion and analysis surrounding race relations in the United States. Kaepernick kneeled to voice his opposition to police brutality–particularly against African Americans–and racial tensions more broadly within the United States.1 Not long after his protest, Kaepernick

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  • The First Proxy Fight against a U.S.-Listed Chinese Company: Hedge Fund Lost the Proxy Fight Against Sina

    Sina, a NASDAQ-listed corporation and one of the largest telecom companies in China, was recently faced with a proxy contest. This proxy fight was initiated by Aristeia Capital LLC, a Connecticut-based hedge fund which owns 3.19% of Sina’s shares and is one of the biggest Sina shareholders.1 As the campaign between Sina and Aristeia is the first proxy fight between

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  • Google Under Investigation in Missouri – Will the Tech Giant be Fined, or Need to Change its Practices?

    On Monday, November 13, the Attorney General of Missouri, Josh Hawley, opened an investigation into Google’s business practices, looking into the possibility that the tech giant violated the state’s consumer protection and antitrust laws.1 The AG said that “the state’s preliminary investigation had found that Google may be collecting more information from users than the company was telling consumers,”2 and

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  • Regulatory Responses to the Rise of ICOs

    Ten years ago the cryptocurrency market did not exist and blockchain technology was unknown to the world.1 As of the date of writing, the total cryptocurrency market cap stands at $364.5 billion and there are over 1,515 different cryptocurrencies.2 The growth in cryptocurrency markets is “without a doubt one of the fastest explosions of wealth in human history.”3 Initial Coin

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