Stanford Journal of Law, Business & Finance

Stanford Journal of Law, Business & Finance is a trade journal focusing on Stanford Law, Business & Finance

Articles from Vol. 11, No. 1, Autumn

Antitrust Class Actions: Chaos in the Courts
Antitrust suits are routinely brought as class actions. This should not be surprising: antitrust cases often involve a course of conduct that allegedly injured hundreds or even thousands of individuals. Many antitrust class actions involve an overreaching...
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"Once a Mortgage, Always a Mortgage"-The Use (and Misuse of) Mezzanine Loans and Preferred Equity Investments
Since the beginnings of English common law, property owners have used the mortgage as the principal instrument to finance real estate acquisitions, provide liquidity, and raise additional capital.1 And if a first mortgage proved insufficient, the owner...
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The Application of U.S. Securities Laws to Overseas Business Transactions
Non-U.S. companies may consider privately placing securities in the United States in lieu of a registered public offering in order to avoid becoming subject to the Sarbanes-Oxley Act and other U.S. securities regulations. This strategy, however, can...
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The Future of I.R.C. § 482 as a Substance-over-Form Provision
IntroductionAs the current litigation in GlaxoSmithKline v. Commissioner illustrates,1 transfer pricing of intangible property is an indeterminate affair-open to multiple interpretations, wavering standards, and quarrels among trading partners. GlaxoSmithKline...
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When Bankruptcy Meets Antitrust: The Case for Non-Cash Auctions in Concentrated Banking Markets
"The scarcity of money that dampened auction prices was, of course, the same scarcity of money that inhibited paying debts in the first place"**IntroductionJust about three years ago, in light of the financial collapse of Enron, Douglas Baird and Robert...
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