Selskabsret, handelsret og konkurrencelov: generelt

Where might the next systemic financial crisis come from? And how do we achieve financial stability in a poly crisis world? This book addresses macroeconomic factors, crypto assets, non-bank financial institutions and regulated financial service providers, keeping in mind that each sector can interact with the others to produce a cluster of risks with compounding effects.

In this insightful collection of interviews helmed by Professor William E. Kovacic, current and former leaders of competition authorities from diverse nations share their journeys, visions, and invaluable advice. These candid dialogues offer a rare glimpse into the minds of those who have navigated the intricate realm of competition regulation. Their experiences, distilled into practical counsel, provide essential guidance for successors and aspiring competition professionals. Discover the strategies that have shaped competition policy worldwide and gain a nuanced understanding of the challenges these leaders have faced. "Great Antitrust Enforcers - Lessons from Regulators" is a priceless asset for all those intrigued by the operations and inner workings of competition authorities, extending its reach beyond those embarking on or curious about a career in this field.

This book provides an overview of the topics of data, sovereignty, and governance with respect to data and online activities through a legal lens and from a cybersecurity perspective. This first chapter explores the concepts of data, ownerships, and privacy with respect to digital media and content, before defining the intersection of sovereignty in law with application to data and digital media content. The authors delve into the issue of digital governance, as well as theories and systems of governance on a state level, national level, and corporate/organizational level. Chapter three jumps into the complex area of jurisdictional conflict of laws and the related issues regarding digital activities in international law, both public and private. Additionally, the book discusses the many technical complexities which underlay the evolution and creation of new law and governance strategies and structures. This includes socio-political, legal, and industrial technical complexities which can apply in these areas. The fifth chapter is a comparative examination of the legal strategies currently being explored by a variety of nations. The book concludes with a discussion about emerging topics which either influence, or are influenced by, data sovereignty and digital governance, such as indigenous data sovereignty, digital human rights and self-determination, artificial intelligence, and global digital social responsibility. Cumulatively, this book provides the full spectrum of information, from foundational principles underlining the described topics, through to the larger, more complex, evolving issues which we can foresee ahead of us.

The 2008 financial crisis brought the far-reaching influence of credit ratings on capital markets into focus and confirmed doubts about the quality of ratings published by rat-ing agencies. In the context of regulatory efforts to limit the influence of ratings, Marius Müller addresses the question to what extent investment funds are obliged to sell bonds that no longer comply with investment guidelines following a rating downgrade. Results of a statistical analysis of 200 European and U.S. fund prospectuses are evaluated in the light of regulatory objectives. Subsequently, a structural proposal for the formulation of investment guidelines is developed, accounting for the protection of investor interests and market functioning.

Gelare Matin untersucht das neugefasste Modellgesetze über Mediation im Vergleich einerseits zu dem vorausgehenden Modellgesetz von 2002, andererseits zu der Singapore Convention. Weitere vergleichende Bezüge werden zum UNCITRAL-Modellgesetz über die Internationale Handelsschiedsgerichtsbarkeit von 1985/2006 sowie zum New Yorker Übereinkommmen über die Anerkennung und Vollstreckung ausländischer Schiedssprüche von 1958 gezogen.

Stellt der § 138 BGB das angemessene zivilrechtliche Mittel zur rechtlichen Beurteilung nachvertraglicher Wettbewerbsverbote mit GmbH-Geschäftsführern dar? Um diese Frage zu beantworten, geht diese Arbeit zunächst der Frage der möglichen analogen Anwendung der §§ 74 ff. HGB zugunsten ¿arbeitnehmerähnlicher" Geschäftsführer nach. Im Weiteren erfolgt dann eine induktive Herleitung allgemeiner Rechtsgedanken der §§ 74 ff. HGB, auf deren Grundlage die Diskussion bezüglich der im Vergleich zur bisherigen Rechtsprechung sach- und systemgerechteren Konkretisierung des § 138 BGB sowie der möglichen teilanalogen Anwendung der §§ 74 ff. HGB zugunsten aller Geschäftsführer geführt wird.

Der Begriff des leitenden Angestellten ist gesetzlich nicht einheitlich definiert. Einigkeit besteht dahingehend, dass ein leitender Angestellter auf Grundlage eines Arbeitsvertrages tätig ist und für den Arbeitgeber unternehmerische Funktionen in eigener Verantwortung und mit einem erheblichen eigenen Entscheidungsspielraum übernimmt. Angesichts dieser Zwitterstellung stellt sich die Frage nach der Haftung des leitenden Angestellten. Anna Kuhn untersucht, ob das Arbeitnehmerprivileg und die Business Judgment Rule jeweils auf leitende Angestellte Anwendung finden und in welchem Verhältnis diese Haftungsbeschränkungen zueinander stehen. Anschließend analysiert sie, ob eine Pflicht oder eine Obliegenheit zum Abschluss einer D&O-Versicherung besteht und ob sich das (Nicht-)Bestehen der Versicherung auf die Haftung auswirkt.

Want to Ace your Delaware DMV Driver's License Exam, even if you've never Driven before? Are you afraid of failing your driver's license test? Or have you failed the test before and still aren't sure what the right answers are? Do you want to pass your DMV written exam without getting stumped on tricky questions? You might've heard that the driver's license test in Delaware is immensely difficult, regardless of your driving experience. Plenty of out-of-staters will tell you horror stories of how they failed terribly on the written exam... despite years of driving under their belts. And it's even scarier if you've never been behind the wheel. Because as excited as you may be to start driving on your own... you only get a few tries to pass the written test... before you're forced to begin the whole application process all over again. Even if you've read through the DMV handbook over and over, you might miss a "redundant" question where all of the answers look like they could be correct. And missing just one question is enough to invalidate your entire driver's license application. But there's a simple and easy way to save yourself the embarrassment of failing your driver's license test. With the right study guide, you'll be prepared for every question you come across on the test so you can pass with flying colors. In this Delaware Driver's Practice Tests Course, you will discover: A comprehensive guide to applying for, taking, and passing the Delaware DMV written exam Over 700 questions and answers to prepare you for the most recent version of the written test Detailed explanations of each answer to help you get a perfect score Over 9 different chapters that lay out the basics of each section on the exam - plus 2 BONUS cheat sheets The biggest mistake most people make when prepping for their tests, and how you can avoid the same fate 56 tips and tricks to get you ready for both the written exam and the road test Studying hacks to make sure you ace every question on the test, even if you don't have enough time to practice The 12 questions most test takers get wrong - answer these the right way if you don't want to fail And much more! Don't waste hundreds or even thousands of dollars on driver's ed courses that barely even help you with the written portion of your driver's license test. This Delaware Driver's Practice Tests Course shows you everything you need to know to pass your exam on the first attempt... and for only a small fraction of what it costs to hire an instructor. Regardless of your driving experience, this all-in-one guide will boost your test-taking confidence and have you cruising around Delaware in no time. You could keep sitting at home worrying about whether or not you're going to have to retake the test... or you can master all the essential road rules, skills, and practices and get one step closer to obtaining your driver's license. If you want to Pass your DMV written exam once and for all, then scroll up and click the

This unique book charts the regulation of British ships throughout the nineteenth century, from no regulation in 1800, to enactment in the 1890s, of a model of customary and national maritime law adopted by many States.

Competition is an intriguing and worrisome concept, sometimes perceived as a healthy emulation and sometimes as a form of Darwinism. Economic analysis provides a useful and rigorous guide to overcoming these oversimplified views by showing that competition is a mechanism for eliminating unjustified rents. This book presents the two main economic visions of competition (competition as a state versus as a process), but also its microeconomic and macroeconomic effects (notably on productivity and employment), the obstacles to its effectiveness, and the policies for opening up and regulating competition.

Artificial Intelligence remains a complex and rapidly evolving technology. Since the second edition of this book, Generative AI models such as ChatGPT have made a seismic impact on the AI industry and society as a whole. Legislative and policy initiatives move closer to finalisation, particularly the EU's groundbreaking Artificial Intelligence Act which is likely to have a global impact on regulation of AI and machine learning systems. In a fast moving specialist area, it is essential to keep pace. If you are lost and need clear direction, 'Artificial Intelligence - The Practical Legal Issues' will guide you through the policy updates and implications of existing AI technologies and provide a practical and easily digestible path to the real issues you need to consider as a legal practitioner.This book contains a grounding of what differentiates artificially intelligent systems from traditional technology and explains the differences between AI, Machine Learning and Deep Learning, and what makes Generative AI (and by association, foundation models) so different. Understanding what AI systems can and cannot do is also essential to developing a clear legal awareness of the technology. From these introductory foundations, you'll learn how the deployment of AI technology creates issues and risks that need to be considered carefully and that permeate across causation, intellectual property ownership, confidentiality and data protection, recruitment and even criminal law.This Third Edition contains an entirely new chapter on one of the most exciting emergent AI technologies, Generative AI. AI Ethics and the new EU Artificial Intelligence Act are also explained in depth as well as commentary on the UK's vision for AI as reflected in its 2023 AI Governance White Paper.ABOUT THE AUTHORJohn Buyers is a commercial solicitor and partner at Osborne Clarke LLP, an international law firm which specialises in advising high technology clients, or businesses that are transitioning through a process of digitalisation. John manages the UK Commercial team and leads Osborne Clarke's international Artificial Intelligence and Machine Learning group. He is a frequent commentator on the topic of Artificial Intelligence and the law and speaks regularly both in the UK and internationally on the subject.John's practice is largely based on transactional IT and outsourcing in the Financial Services and regulated Professional Services sectors. He regularly advises users and suppliers of Artificial Intelligence based systems. Recent work has included advising a global technology business on the legal implications of automated facial recognition in Europe and providing guidance to a major social media network on the discriminatory effects of automated content takedown.CONTENTSChapter One - An Introduction to Artificially Intelligent SystemsChapter Two - AI Ethics: A PrimerChapter Three - Generative AIChapter Four - Causation and Artificial IntelligenceChapter Five - The EU Artificial Intelligence ActChapter Six - Big Data and Artificial IntelligenceChapter Seven - Automated Facial RecognitionChapter Eight - Intellectual Property Rights in AI SystemsChapter Nine - Automated Bias and DiscriminationChapter Ten - AI Crime: Commission and JudgmentChapter Eleven - Market Distorting Effects: AI and Competition LawChapter Twelve - Automation and Service ProvisionChapter Thirteen - Artificial Intelligence and Corporate LawChapter Fourteen - Political, Regulatory and Industry Responses

The public policy exception has often been relied on by national courts in India and other jurisdictions as a grounds for refusing enforcement of foreign arbitral awards. In this context the exception has been given varying interpretations. This book deals with the question of whether the scope of the public policy exception as a grounds for refusing enforcement should be legislatively defined, or rather left to judicial interpretation. It does this by using recent amendments to the Indian arbitration law as an example, and conducting comparative law research with approaches taken in both major common and civil law jurisdictions. It then evaluates the benefits - disadvantages- and the rationale for having such a definition. It finally evaluates what should be the ideal statutory scope of the exception.