In the broader area of antitrust law and technology, some commentators argue that big data and privacy may involve competition policy. In 2016, the Bundeskartellamt accused Facebook of abusing its dominance on the basis of data protection and big data theories. Are these allegations well-founded? A recurring problem in antitrust law that has resurfaced in the pharmaceutical industry is predatory innovation. A distinct development goes into the nature of exploitable conspiracies, blurring the boundaries between vertical and horizontal agreements. Apple`s e-book saga, which ended in March 2016 when the Supreme Court rejected the certificate, has important implications for the law in this area. We will also address the ongoing debate over the scope of Section 5 of the FTC Act, which allows the FTC to go beyond the Sherman Act to condemn unfair competition practices. The FTC`s controversial 2015 statement on Section 5 enforcement principles is presented here, and we`ll wonder if it makes sense for the Department of Justice and the FTC to be able to subject companies to different standards of liability. We will discuss the outstanding legislation, the SMARTER Act, which touches on these issues. A crucial antitrust issue that remains unresolved is the extent of Noerr-Pennington`s immunity. Finally, we will discuss current merger oversight issues in the health sector. This intensive one-credit course guides ten students through a fast and real M&A situation with potentially significant antitrust implications for three days.
Students represent a hypothetical client who has received an unsolicited expression of interest from a competitor and must weigh this offer against other transactions that present a lower risk. Over time, students must analyze the antitrust implications of different alternatives and make a recommendation to the client`s board of directors on the risks. Once the board of directors has made its decision and the agreement is negotiated (with the help of the students with regard to the provisions of the merger agreement with antitrust implications), it will then be their responsibility as external advisors to the company to convince the antitrust authorities that the transaction is not anti-competitive. This course applies practical approaches to help students understand the tax and business arrangements of joint ventures, limited partnerships and limited liability companies, ranging from common to complex. The course also introduces and analyzes the design techniques required for the effective implementation of such agreements by focusing on tax and business provisions in term sheets and limited partnership/limited partnership agreements. This one-credit seminar (7 sessions) is designed to build on the experience of the Fall 2L (BUILDING AN INTERNATIONAL Skill Set) (GLS) seminar by offering participants the opportunity to apply the specific skills used by international and transnational lawyers in the context of a specific content area chosen by them. For 2013/14, GLS 2L focused on establishing an international trade mechanism to promote corporate responsibility in developing countries, particularly with regard to environmental and human rights issues. For 2014/15, the 2L Group has written a 1502 W.R. Corporate Conformity Assessment by Dodd Frank in the field of conflict minerals.
For 2015/16, the Group conducted an in-depth analysis of implementation review mechanisms (ICMRs) in multilateral agreements. The year 2016/17 focused on the use of armed force in space. The preparation of the group sessions includes a substantive reading on the theoretical, practical and legal aspects of the relevant topics. Under the guidance of Georgetown faculty, participants determine in advance the purpose of their work (e.g. B an analytical «white paper» on a specific content topic, a conference with renowned academics and experts, an advocacy effort, etc.). The evaluation of students at the end of the course is based on class participation, contribution to the chosen goal and writing a short technical letter. Focuses on the skills required for a tax lawyer (including reviewing transaction documents) involved in advising on partnership structuring issues. Topics covered include drafting the partnership agreement, distribution of tax positions, amortization of partnership intangible assets, classification/conversion, interaction of partnership rules for rescheduling of various profit triggers when exiting partnerships, mergers and divisions of partnerships, equity-based remuneration for partnerships and rules to combat the abuse of Partnerships.
This overview course covers the basic elements of commercial real estate financing and income-generating assets, with a focus on income-generating commercial real estate. The financing concepts covered include the basic elements and techniques of financing, the lender-borrower relationship, and the role of financial markets in financing commercial real estate and other assets. The focus is on large-scale commercial real estate financing. Particular attention will be paid to mortgages/fiduciary acts, debentures and other guarantees, priority rights between lenders and occupying tenants, pre-foreclosure performance rights, redemption and deficiency restrictions after performance, prepayment and hive-off, leasing as a form of financing, alternatives such as joint ventures, mezzanine loans and preferred capital, as well as the rights of creditors. Particular attention is also paid to the basic economics of trade finance, the tax advantages of depreciable investment properties, performance and cash flow analysis, credit syndications, special purpose vehicles, non-recourse carve-out guarantees, environmental laws, case and securities insurance, the role of the broker, the resolution of problematic or failed financing, construction loans and purchase and sale contracts. This course will review complex financial techniques and focus not on mathematics, but on practical understandings and concepts regarding the business and legal framework of real estate and personal property financing. Please note that there is an intermediate exam for this course, which consists of a divorce hearing. Half-time represents 50% of your final grade. For the purposes of the exercise, you will need to meet once outside of class time with your partner in preparation for negotiation and again with your partner and opposing lawyers in preparation for the final settlement agreement. This is an advanced course for the serious student who is interested in this area of law. It will cover the procedural, material and practical «tactical» considerations of «white-collar criminal law». A student must have already demonstrated interest in the field by taking courses such as Evidence; Criminal procedure law; Constitutional law or participation in one of the many GULC litigation clinics.
The course will cover the main federal laws on «white collar» workers, mail fraud by . B, conspiracy, securities law, misrepresentation, obstruction of justice and money laundering. Corporate criminal liability will be at the centre of the course, which necessarily covers related topics, e.B. issues of solicitor-client privilege; «internal» investigations; government-sponsored «voluntary disclosure» programs; litigation under the False Claims Act (Qui Tam); Grand jury practice, document creation, immunity, appeal negotiations, cooperation agreements, discovery and interaction of civil and criminal proceedings, i.e. «parallel proceedings». .