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Milestones of the MBA/LAw course taught by prof. Graham and prof. Moyse

Pierre-Emmanuel Moyse

on 14 April 2010

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Transcript of Professionals

Professionals Costs of litigation and commercial strategy Who is the client?

SOX model(s) Enforcement Micro or Principled Based Regulation, or
self-regulation - Efficiency of the norm (civil vs. common law) Value of services Institutional "Entrepreneurs" Organizational Synthesis Law and Innovation

Monetization I expressed the view that the institution of third party funding was beneficial in that it promoted access to justice

A recent and well known case in which, seemingly, third party funding operated satisfactorily is Stone & Rolls Ltd (in Liquidation) v Moore Stephens [2009] UKHL 39; [2009] 3 WLR 455. The claimant company brought a substantial claim for professional negligence against its former auditors, with the benefit of third party funding. The Court of Appeal, reversing Langley J, held that on the facts alleged the auditors had a defence of ex turpi causa non oritur actio and accordingly struck out the claim. The House of Lords dismissed the claimant’s appeal. According to press reports, the funder, which had stood to receive some 40% of the proceeds if the action succeeded, duly accepted liability for the auditors’ costs. Those costs were reported as being in the region of £2.5 million. It was also reported that there was no after-the-event (“ATE”) insurance. In an interview with the Law Society Gazette following the House of Lords decision a legal director of the funder said that the funder currently had a portfolio of 10 to 12 ongoing cases with a success rate of 80%.

The basic premise underlying the Court’s ruling is its iteration, and constant reiteration, of the proposition that the First Amendment bars regulatory distinctions based on a speaker’s identity, including its “identity” as a corporation. While that glittering generality has rhetorical appeal, it is not a correct statement of the law. Nor does it tell us when a corporation may engage in electioneering that some of its shareholders oppose. It does not even resolve the specific question whether Citizens United may be required to finance some of its messages with the money in its PAC. The conceit that corporations must be treated identically to natural persons in the political sphere is not only inaccurate but also inadequate to justify the Court’s disposition of this case.
“monster, a hydra-headed monster…equipped with horns, hoofs, and tail so dangerous that it impaired the morals of our people, corrupted our statesmen and threatened our liberty. It bought up members of Congress by the Dozen…subverted the electoral process, and sought to destroy our republican instutions.”

Pres. Jackson, 1829
the patents were "improperly granted" because they involved a "law of nature." He said that many critics of gene patents considered the idea that isolating a gene made it patentable "a 'lawyer's trick' that circumvents the prohibition on the direct patenting of the DNA in our bodies but which, in practice, reaches the same result." J. Jackson, Myriad Myhrvold is focused on a variety of business interests relating to the funding, creation and commercialization of inventions. During his 14-year tenure at Microsoft, Dr. Myhrvold held various positions within the company and was responsible for founding Microsoft Research and numerous technology groups that resulted in many of Microsoft's most successful products. He has extensive experience successfully linking research to product development and commercialization. Lessig Calls Google Book Settlement A "Path To Insanity" We pro-regulators were making an assumption that history has shown to be completely false: That something as complex as an OS has to be built by a commercial entity. Only crazies imagined that volunteers outside the control of a corporation could successfully create a system over which no one had exclusive command. We knew those crazies. They worked on something called Linux. Posner. Reback. Klein... "corporate worldspirit" first attempt to regulate the professionals
noisy withdrawal, whistle-blower
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