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Business Law

Written by Jason Gordon

Updated at January 8th, 2021

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Overview: This material covers the primary topics covered within Legal Studies, Business Law Course, Regulations, Risk Management, and Transactional courses.


BUSINESS LAW

  • The topics are expansions upon the material covered within the textbook, Business Law: An Introduction.pdf, by Jason Mance Gordon.


Introduction to Law

Understanding Law

  • What is "Law"?
  • Economic Strength of a Nation?
  • What is the "Rule of Law"?

Law and Property

  • What is "property law" or "property rights?
  • What is "ownership"?
  • Why recognize property rights?
  • How the law protects property rights?

Principles of Law

  • What are the "common law" and "civil law" systems?
  • What is "public law" and "private law"?
  • What is "civil law" and "criminal law"?
  • What is "substantive law" and "procedural law"?
  • Sources of state and federal law?

The Judiciary

  • Role of Judiciary in the legal system?

Law and Business

  • Business activity and legal entities?
 

Constitutional Law

Constitutional Law (Intro)

US Constitution The Source of US Law

  • What is Included in the US Constitution?
  • What is the Commerce Clause?
  • What is the Taxing and Spending Power?
  • Standards for Constitutionality of Laws
  • Minimum Rationality
  • Strict Scrutiny
  • Intermediate Scrutiny (Quasi-Strict Scrutiny)
  • What are Judicial Restraint vs Judicial Activism

US Constitution States and Federal Governments

  • What is the Separation of Powers?
  • What is Federalism?
  • What is the Supremacy Clause and Preemption?
  • What is the Full Faith & Credit Clause?
  • What is the Privileges and Immunities Clause?
  • What is the Contract Clause?

The 1st Amendment of the US Constitution

  • What is the 1st Amendment?
  • What are the Establishment Clause and Free Exercise Clause
  • How does freedom of religion affect business practice?
  • What is the protection of Freedom of Speech?
  • Speech with Limited or No Protection
  • What is Obscene Speech?
  • What are Fighting Words?
  • What is Commercial Speech?
  • What is Defamation?
  • What is Political Speech?
  • Overbreadth and Overly Broad Laws
  • Freedom of the Press
  • Freedom of Assembly

US Constitution 5th and 14th Amendments

  • What is the 5th Amendment
  • 5th Amendment (Federal Due Process Clause)
  • 14th Amendment
  • 14th Amendment (Incorporation Doctrine)
  • What is the Equal Protection Clause of the 14th Amendment

US Court System

US Courts (Intro)

What is the authority for federal and state judicial systems?

  • What is the Authority for Article III Courts?
  • What is the Authority for Article I Courts?
  • What is the authority for courts under Article II?
  • What is the authority for Article IV Territorial Courts?
  • What is the authority for State Courts?
  • What are Article III Courts?
  • What are Article I Administrative Courts?
  • What are Article IV Territorial Courts?
  • What are state courts?

All About Federal and State Court Personal and Subject Matter Jurisdiction

  • What is Subject-Matter Jurisdiction?
  • What is Federal Court Subject-Matter Jurisdiction?
  • What is State Court Subject-Matter Jurisdiction?
  • Can a Federal trial courts hear state matters & vice versa?
  • Can a Federal appellate court hear federal matters & vice versa?
  • What is Personal Jurisdiction?
  • How to establish Federal Court Personal Jurisdiction?
  • How to establish State Court Personal Jurisdiction?
  • What is a Long-Arm Statute?

Members of Judicial System

  • Who are the primary players in the state judicial system?
  • What types of judges are part of the judiciary?
  • What are the duties of trial judges in the legal system?
  • What are the duties of Appellate Judges & Justices?
  • What is the role of jurors in the judicial system?
  • What number of jurors and juror votes are required for guilt or liability?
  • What do Attorneys do?
  • Who are the other players in the judicial system?

How do cases arrive before appellate courts?

  • US Circuit Court?
  • US Supreme Court?
  • Appeals from Legislative and Administrative Courts
  • Appeals in the state court system?
 

Administrative Law

Understanding Administrative Agencies

  • Administrative Law (Intro)
  • What are Administrative Agencies?
  • What are the functions of Agencies?
  • What is the authority for Administrative Agencies?
  • How are administrative Agencies Organized?
  • How are key agency personnel appointed and removed?

Administrative Agency Functions

  • How do agencies create regulations?
  • What is the Judiciary's authority to review rulemaking?
  • What is the Judiciary's authority to review administrative court decisions?

Pros and Cons of Administrative Agencies

  • What are the advantages of administrative agencies?
  • What are the disadvantages of administrative agencies?

Criminal Law

 Criminal Law (Intro)

Arrest and Criminal Prosecution Process

  • What is Criminal Law?
  • What are the elements of a crime?
  • Classifications of crimes Misdemeanor vs Felony Criminal Charges?
  • What is the process of bringing criminal charges?
  • What is the process for executing an arrest?
  • What are the exceptions to reading Miranda Rights?
  • What is the process for initiating criminal charges?
  • What is the Arraignment and Initial Appearance
  • Common Defenses to Criminal Conduct
  • Types of Punishment for Criminal Activity
  • Theories Behind Criminal Punishment
  • Federal Sentencing Guidelines

Criminal Law Protections and the Constitution

  • What are the 4th Amendment protections against Search and Seizure?
  • What are the 5th Amendment criminal law protections?
  • What are the 6th Amendment criminal law protections?
  • What are the 8th Amendment criminal law protections?

Crimes Against the Property of OthersCriminal Fraud

  • Activity Constituting Fraud
  • Good Faith as a Defense to Fraud
  • Common Types of Business Fraud

False Statements, Conspiracy, Aiding and Abetting, and Obstructing Justice

  • False Statement as a Criminal Charge
  • Conspiracy as a Criminal Charge
  • Obstruction of Justice as a Criminal Charge
  • Aiding and Abetting or Conspiracy to a Crime

White Collar Crime

  • What is a White Collar Crime?
  • Crimes or Conduct Endangering Workers
  • Bribery or Illegal Kickback as a Crime
  • Racketeer Influenced and Corrupt Organization Act
  • The False Claims Act
  • Sarbanes Oxley Act
  • What is Cyber Crime

Civil Litigation

Understanding Civil Litigation

  • Civil Litigation Procedure (Intro)
  • What is a civil lawsuit of civil action?

Civil Litigation Process

  • Who are the parties to a lawsuit?
  • What is standing to sue?
  • Venue
  • What is personal jurisdiction?
  • What is a class action?
  • What are the pleadings?
  • What is discovery?
  • What is the scope of discovery?
  • What are motions and how are they used?
  • What are frivolous cases?
  • What is the process of selecting a jury?
  • What are the steps involved in a civil trial?
  • What is the burden of proof in a civil trial?
  • How is a civil trial decided?
  • Compensatory Damages
  • Punitive Damages
  • What is joint and several liability?
  • What is the process for appeal?
  • How do parties enforce a civil judgment?
  • What is res judicata?

Alternative Dispute Resolution

 Alternative Dispute Resolution (Intro)

What is the Settlement of a Legal Dispute?

Mediation of a Dispute

  • What is Mediation?
  • What are the advantages and disadvantages of Mediation?
  • How Do Parties Initiate Mediation?
  • What is the process for carrying out a mediation?
  • What is the process for challenging a mediation agreement?

Arbitration of a Dispute

  • What is Arbitration?
  • What are the Advantages of Arbitration
  • Initiating Arbitration Voluntary and Statutorily Mandated Arbitration?
  • What is the procedure for carrying out an arbitration?
  • Rules governing the arbitration Federal Arbitration Act
  • What is the Judicial Review of Voluntary Arbitration?
  • What is the Judicial Review of Mandatory Arbitration?
  • What is Review under the Federal Arbitration Act?
  • How are Arbitration Awards enforced?

Property Law

Property Law (Intro)

What is property?

  • Tangible and Intangible property?
  • Real and Personal Property?
  • Fixtures?
  • What is ownership?
  • Role of Government in ownership of property?
  • Role of property rights in economic activity?
  • What are the limitations on property ownership rights?
  • What is nuisance?
  • What is Zoning?
  • What is Eminent Domain?
  • What is Property Taxation?

Acquiring Ownership in Property

  • Accession?
  • Rule of First Possession?
  • Lost or Mislaid Items?
  • Adverse Possession?
  • Contracts?
  • Gift?
  • Confusion?

Types, Transfer, and Ownership of Real Estate

  • Establishing and transferring ownership in real property?
  • What is a fee simple interest in real property?
  • What is a life estate in real property?
  • What is a leasehold estate in real property?
  • What are common types of co-ownership relationships in real property?
  • Community Property and Separate Marital Property?
  • What is an easement interest in real property?
  • What is a license of real or personal property?

Bailments

  • What is a bailment?
  • What are the rights and duties in unilateral-benefit and mutual benefit bailments?

Tort Law

Understanding Tort Law

  • Tort Law (Intro)
  • What are Torts?
  • What are the types of torts?

Intentional Torts

  • What are Intentional Torts?
  • Assault and Battery?
  • Intentional Infliction of Emotions Distress?
  • Invasion of Privacy?
  • False Imprisonment?
  • Malicious Prosecution?
  • Trespass?
  • Conversion?
  • Defamation?
  • Defenses to Defamation?
  • Defamation and 1st Amendment Considerations?
  • Fraud?
  • Intentional Interference with Contractual Relations?

Negligence

  • What is Negligence?
  • Negligence A Duty of Care?
  • Negligence Breach of Duty of Care?
  • Causation?
  • Cause-in-Fact
  • What are common defenses to negligence actions?

Strict Liability

  • What is Strict Liability?
  • Strict Liability Causes of Action Examples
  • Strict Products Liability
  • What defenses exist to strict product liability actions?

Damages

  • What are compensatory damages?
  • What are punitive damages?

Contract Law

Contract Law (Intro)

Characteristics of a Contract

  • What is a Contract?
    • Contract Theory Definition
    • Meeting of the Minds Definition
    • Aleatory Contract Definition
  • What are the sources of contract law?
    • Uniform Commercial Code Definition
    • Convention on Contracts for the International Sale of Goods (CISG) Definition
  • What is a Unilateral Contract vs a Bilateral Contract?
  • What is an Express Contract vs an Implied Contract?
  • What are the requirements to form a Contract (Offer, Acceptance, Consideration)?
  • What is an Enforceable Contract vs. a Valid Contract?
  • What is a Void Contract vs a Voidable Contract?
  • Adhesion Contract Definition
  • What is Mental Capacity to contract?
  • What is the requirement of a Lawful Purpose?
  • What are common types of Voidable Contract?

What is a Contract Offer, Acceptance, and Consideration?

  • What is an Offer?
    • Sum Certain (Contracts) Definition
  • When does an offer to contact terminate?
  • Counterparty Definition
  • Mirror Image Rule?
  • Rule for Sale of Goods
  • Silence is Not Acceptance?
  • Mailbox Rule
  • Shrinkwrap Agreement Definition
  • Click-Wrap Agreement Definition
  • What is Consideration?
  • What is Promissory Estoppel?
  • Novation

When a Contract Must be in Writing Statute of Frauds

  • When is a contract required to be in writing Statute of Frauds?
  • What type of writing satisfies the statute of frauds?
  • Exceptions to the Statute of Fraud

Third Parties to a Contract

  • Privity Definition
  • Who are third-party beneficiaries to a contract?
  • What is assignment and delegation of a contract?

Contract Performance, Breach, and Damages

  • When is a party's Duty of performance?
  • What is an Executed contract vs an Executory contract?
    • Inchoate Definition
  • What is Performance, Substantial Performance, and Breach of a contract?
  • What is performance of a Divisible Contract?
  • When is a party's duty of performance discharged?
  • What are conditions to Contract (Precedent & Subsequent)?
    • Abandonment Option (Contract) Definition
    • Cooling Off Rule Definition
  • What is tender performance of a contract?
  • What are Impossibility and Impracticability
  • What is a Frustration of Purpose?
  • Waiver or Release from Contract
  • What is a Breach of Contract?
    • Repudiation (Contract) Definition
    • Anticipatory Repudiation
  • Acceleration Clause (Contracts) Definition
  • What methods exist for resolving a breach?
    • Exculpatory Clause Definition
  • What remedies exist for a breach of contract?
    • Rescission (Contract) Definition
  • What is Efficient Breach?

How to Read the Contract

  • Organization of a Contract
  • How to Read the Contract
  • Contract Warranties
  • What rules does a court follow in interpreting a contract?
  • Addendum Definition
  • What is the Parol Evidence Rule?
  • What is a complete integration vs a partial integration?
  • Exceptions to the Parol Evidence Rule
  • Patent and Latent Ambiguity in a Contract

Agency Law

Understanding Agency

  • Agency Law (Intro)
  • What is an Agency relationship?
  • What are the types of agents?
  • Employee vs. Independent Contractor

Principal-Agent Relationship

  • What are the types of principals?
  • What is required to form a principal-agent relationship?
  • What are the duties of a principal?
  • What are the duties of an agent?

Personal Liability of Principal and Agent

  • What is the authority of an Agent to Bind Business in Contract?
  • When are Agents liable to principals and third parties?
  • What is Respondeat Superior?
  • What is a Frolic and Detour?

Ending the Agency Relationship

  • When does the Agency Relationship Terminate?

[/ht_toggle] [ht_toggle title="Business Entities" id="" class="" ] Business Entities (Intro)Why is studying business entities important?Business Entities Types and Characteristics

  • What are Business Entities?
  • What is a Closely-held vs Publicly-held Business?
  • What are the main types of business entity?
  • What are the primary characteristics of business entities?
  • What is Creation of a business entity?
  • What is Maintenance of a business entity?
  • What is Continuity of a business entity?
  • What is the Ownership structure of a business entity?
  • What is Control of a business entity?
  • What is Personal liability of owners of a business entity?
  • What is Compensation of business owners?
  • What is Taxation of a business entity?
  • What is Sales & Use tax?
  • What are payroll and self-employment taxes?

Breakdown of Specific Business Entities

  • What are the major characteristics of a Sole proprietorship?
  • What are the main characteristics of a General partnership?
  • What are the main characteristics of a Joint venture?
  • What are the main characteristics of a Limited partnership?
  • What are the main characteristics of a Limited liability partnership?
  • What are the main characteristics of a Limited liability company?
  • What are the main characteristics of a Corporation?
  • What are the requirements to be an S Corporation?

More Depth on Business Entities

  • A Detailed Explanation of the Sole Proprietorship
  • A Detailed Explanation of the General Partnership
  • A Detailed Explanation of the Limited Liability Company
  • A Detailed Explanation of the Corporation
  • A Detailed Explanation of the Non-Profit Entity

[/ht_toggle] [ht_toggle title="Corporate Governance" id="" class="" ] Corporate Governance Law (Intro)Understanding Business Governance

  • What is Business Governance?
  • Who are the members of a corporation?
  • What is a closely-held corporation?
  • What is a Private Company vs a Public Company?
  • What is the role and purpose of the corporation?
  • What is the Agency theory of corporate governance?
  • What is the Stakeholder theory of corporate governance?

Shareholders

  • What is the role & rights of Shareholders in the corporation?
  • What are the variations on attributes of Ownership structure?
  • What are the fiduciary duties owed by shareholders?
  • When is a shareholder personally liable for corporate obligations?
  • How can shareholder enforce their rights (direct and derivative actions)?
  • What is the process for bringing a Derivative action?
  • What are corporate vote Proxies?
  • What is Shareholder Activism and the significance of Institutional Investors?

Board of Directors

  • What is the role of the Board of Directors?
  • What is the composition of the board of directors?
  • What standards govern the actions of the board of directors?
  • What is the Business Judgment Rule?
  • What is D&O insurance?

Officers

  • What is the role of Managers of the corporation?
  • What standards govern manager actions?

Corporate Governance Laws & Influences

  • What are the primary state and federal corporate governance laws?
  • What is the role of the state in corporate governance?
  • What is the role of Securities Laws in corporate governance?
  • What is the role of the Foreign Corrupt Practices Act in corporate governance?
  • What is the Sarbanes-Oxley Act (SOX) effect on corporate governance?
  • What is the Dodd-Frank Wall Street Reform and Consumer Protection Act effect on corporate governance?
  • What industry organization standards affect corporate governance?
  • How do proxy advisory firms affect corporate governance?
  • What is the role of ethics in corporate governance?

Corporate Governance Issues

  • What are the major causes of corporate governance issues?
  • What are the access to information issues?
  • What are decision-making structure issues?
  • What are the power struggle or competition issues?
  • What are hostile takeovers and defenses to hostile takeovers?
    • Shark Repellent Defenses?
    • Poison Pill Defenses?
    • Delay-TacticDefenses?
    • Legal Lockup Defenses?
    • White Knight and Pac Man Defenses?
  • What are benefit-alignment issues?

OTHER CONCEPTS

  • 50/50 Partnerships: Never a Good Idea
  • Piercing the Corporate Veil
  • Incorporating in Delaware
  • Overview of Forming a Business Entity
  • Where to Form a Business
  • Taxation of Sole Proprietorship
  • Types of Partnerships
  • At-Will Partnerships
  • Tort Liability of Partner
  • Responsibilities to the Partnership
  • How are Partners Compensated
  • Limited Liability Limited Partnership
  • Funding the Partnership
  • Partnership Agreement Definition
  • Terminating the Partnership
  • Limited Liability Company (LLC) A Detailed Explanation
  • Forming an LLC
  • Articles of Organization Definition
  • Operating Agreement or LLC Agreement
  • LLC Compensation of Members
  • LLC Taxation
  • Converting to an LLC
  • Articles of Incorporation Definition
  • Corporate Bylaws Definition
  • Straight and Cumulative Voting
  • Class Voting Shareholders
  • Staggering the Board
  • Changing the Voting Rules
  • Overview of Board of Directors
  • Board Decision Making
  • Promoter Liability
  • Exiting the Corporation
  • Buy Sell Agreements
  • Business Entity Setup Overview
  • Equity Definition
  • Dual Class Shares Definition
  • Duty of Candor Definition
  • Duty of Care (Board of Directors) Definition
  • Duty of Loyalty (Directors) Definition
  • Data Universal Numbering System (DUNS) Definition
  • De Jure Corporation Definition
  • Dissenters Rights Definition
  • Holding Company (Business) Definition
  • Nomination Committee (Corporate Board) Defined
  • Sole Proprietorship A Detailed Explanation
  • NonProfit Business Entities
  • Chairman of the Board Definition
  • Common Stock Definition
  • Codetermination Definition
  • Staggered Board Definition
  • Advisory Board (Observer Directors) Definition
  • Par Value Definition
  • Preferred Stock Definition
  • Outside Director or Non-Executive Director Definition
  • Operating Subsidiary Definition
  • Plurality Voting Definition
  • Sarbanes-Oxley Act (SOX) Definition
  • Silent Partner Definition
  • Shareholder Sponsored Proposal Definition
  • Staggered Board Definition
  • Say on Pay Rights Definition
  • Statutory Voting Definition
  • Shareholder-Centric Perspective Definition
  • Shareholder Democracy Definition
  • Williams Act Definition
  • Amotion Definition
  • Uniform Limited Partnership Act Definition
  • Ultra Vires Definition
  • Board Evaluation Definition
  • Brassplate Company Definition
  • Berle-Means Thesis Definition
  • Mutual Company Definition
  • Flip Over Poison Pill Definition
  • Flip In Poison Pill Definition
  • Cadbury Rules Definition
  • Back-end Plan Definition
  • Backflip Takeover Definition
  • Dead Hand Provision Definition
  • Joint Stock Company Definition
  • Jonestown Defense Definition
  • Lady Macbeth Strategy Definition
  • Macaroni Defense Definition
  • Yellow Knight Definition
  • Operating Company Property Company Model Definition
  • Appraisal Rights Definition
  • Master Limited Partnership Definition
  • Whitemail Definition

  • Wholly-Owned Subsidiary Definition
  • Scorched Earth Policy Definition
  • Self-Dealing Definition
  • Activist Investor Definition
  • Chief Executive Officer (CEO) Definition
  • Chief Financial Officer Definition
  • Chief Information Officer (CIO) Definition
  • Chief Investment Officer (CIO) Definition
  • Chief Legal Officer Definition
  • Chief Operating Officer Definition
  • Chief Risk Officer Definition
  • Chief Security Officer Definition
  • Chief Technology Officer (CTO) Definition
  • Entity Theory Definition
  • Winding Up Definition
  • Uniform Partnership Act Definition
  • Unissued Stock Definition
  • Subsidiary Company Definition
  • Compensation Committee Definition
  • Shareholder Register Definition
  • Shareholder Value Definition
  • Business Continuity Planning Definition
  • Cumulative Voting Rights Definition
  • Guaranteed Stock Definition
  • Issued Shares Definition
  • Conglomerate Definition
  • Non-Profit Organization Definition
  • Supermajority Definition
  • Parent Company Definition
  • State-Owned Enterprise Definition
  • Outstanding Shares Definition
  • Shotgun Clause Definition
  • Family Limited Partnership Definition
  • Promoter Definition
  • Inside Director Definition
  • Non-cumulative (Stock) Definition
  • Audit Committee Definition
  • Quorum Definition
  • Budget Committee Definition
  • Board of Governors Definition
  • Proxy Statement Definition
  • Public Limited Company Definition
  • Publicly-Traded Partnership Definition
  • Corporate Financing Committee Definition
  • Institutional Shares Definition
  • Outside Director Definition
  • Public Service Corporation Definition
  • Board of Trustees Definition
  • Private Foundation Definition
  • Conglomeration Definition
  • Stock Split Definition
  • Holding Company Definition
  • Independent Outside Director Definition
  • Fat Man Strategy Definition
  • Revlon Rule Definition
  • General Partnership Everything You Need to Know
  • Proxy Fight or Contest Definition & Explanation
  • Corporate Charter Definition and Explanation
  • Amalgamation Definition
  • Keepwell Agreement (Letter of Comfort) Definition
  • Close Corporation Plan Definition
  • Corporate Governance Rating Definition
  • Kamikaze Defense Definition
  • Voting Poison Pill Plan Definition
  • Corporate Monitors Definition
  • Information Circular Definition
  • Comply or Explain (UK) Definition

Securities Law

Understanding Securities Law

  • Securities Law (Intro)
  • What are Securities Laws?
  • What is a Security?
  • What qualifies as an Investment contract?
  • What are the primary federal securities laws?
  • What are the regulatory goals of security laws?
  • What is the Securities and Exchange Commission?
  • What is an Initial Public Offering?
  • What is a Direct Public Offering?
  • What is Crowdfunding?

Securities Act of 1933

  • What is an Offer to Sell securities?
  • Who are the parties regulated in an offer to sell securities?
  • What are the primary disclosure documents required in an offer to sell securities?
  • What is an issuer allowed to do at each stage of the registration process?
  • How are issuers classified for purposes of the registration and offering process?
  • What is an issuer allowed to do during the Pre-filing Period?
  • What are the limitations on the issuer during the Post-filing, Waiting Period?
  • What is an issuer allowed to do during the Post-Effective Period?
  • What is an Emerging-Growth Company?
  • What type of information must an issuer disclose?
  • What laws govern the mechanics of disclosure in a securities offering?

Registration Exemptions Securities Act of 1933

  • What are Exempt Securities and Exempt Transactions?
  • What are Restricted Securities?
  • What is a Section 3 Exemption from registration?
    • Section 3(a)?
    • Section 3(b)?
  • What is a Rule 147 Exemption?
  • What is a Section 4(a) Exemption?
    • Section 4(a)(5)?
  • What is a Regulation A Exemption?
  • What are Regulation D Exemptions?
    • What is a Rule 504 Exemption?
    • What is a Rule 505 Exemption?
    • What is a Rule 506(b) Exemption?
    • What is a Rule 506(c) Exemption?
  • What is Rule 502(d) and the Rule 144 Safe Harbor?
  • What are the disclosure requirements for companies employing an exemption?
  • What is the requirement to file Form D?
  • What is the effect of failing to register an offering under Section 5?

Liability Under the Securities and Exchange Act of 1933

  • What is civil liability under Section 11 of the 33 Act?
  • What is civil liability under Section 12 of the 33 Act?
  • What are defenses available to charges under Sections 11 and 12?
  • What is civil liability under Section 17 of the 33 Act?
  • What is potential criminal liability under the 33 Act?

The Security Exchange Act of 1934

  • When must an issuer register pursuant to the 34 Act?
  • What disclosures are requiredof reporting companies under the 34 Act?
  • What is liability under Section 10(b) and Rule 10(b)(5)?
  • What is insider trading under Rule 10(b)(5)?
  • What damages are available under Section 10 and Rule 10(b)(5)?
  • What is insider trading under Section 14 of the 34 Act?
  • What is liability under Section 16 of the 34 Act?
  • What is liability under Section 18 of the 34 Act?
  • What is criminal liability under the 34 Act?

Liability under the Securities Enforcement Remedies Act?Blue Sky Laws State Securities Laws

  • What are Blue Sky Laws?
  • When is an issuer required to comply with state securities laws?
  • What are the registration requirements under state law?
  • What is Coordinated Registration under state law?

Other Concepts

  • 50/50 Partnerships: Never a Good Idea
  • Piercing the Corporate Veil
  • Incorporating in Delaware
  • Overview of Forming a Business Entity
  • Where to Form a Business
  • Taxation of Sole Proprietorship
  • Types of Partnerships
  • At-Will Partnerships
  • Tort Liability of Partners
  • Responsibilities to the Partnership
  • How are Partners Compensated
  • Limited Liability Limited Partnership
  • Funding the Partnership
  • Partnership Agreement Definition
  • Terminating the Partnership
  • Limited Liability Company (LLC) A Detailed Explanation
  • Forming an LLC
  • Articles of Organization Definition
  • Operating Agreement or LLC Agreement
  • LLC Compensation of Members
  • LLC Taxation
  • Converting to an LLC
  • Articles of Incorporation Definition
  • Corporate Bylaws Definition
  • Straight and Cumulative Voting
  • Class Voting Shareholders
  • Staggering the Board
  • Changing the Voting Rules
  • Overview of Board of Directors
  • Board Decision Making
  • Promoter Liability
  • Exiting the Corporation
  • Buy Sell Agreements
  • Business Entity Setup Overview
  • Equity Definition
  • Dual Class Shares Definition
  • Duty of Candor Definition
  • Duty of Care (Board of Directors) Definition
  • Duty of Loyalty (Directors) Definition
  • Data Universal Numbering System (DUNS) Definition
  • De Jure Corporation Definition
  • Dissenters Rights Definition
  • Holding Company (Business) Definition
  • Nomination Committee (Corporate Board) Defined
  • Sole Proprietorship A Detailed Explanation
  • NonProfit Business Entities
  • Chairman of the Board Definition
  • Common Stock Definition
  • Codetermination Definition
  • Staggered Board Definition
  • Advisory Board (Observer Directors) Definition
  • Par Value Definition
  • Preferred Stock Definition
  • Outside Director or Non-Executive Director Definition
  • Operating Subsidiary Definition
  • Plurality Voting Definition
  • Sarbanes-Oxley Act (SOX) Definition
  • Silent Partner Definition
  • Shareholder Sponsored Proposal Definition
  • Staggered Board Definition
  • Say on Pay Rights Definition
  • Statutory Voting Definition
  • Shareholder-Centric Perspective Definition
  • Shareholder Democracy Definition
  • Williams Act Definition
  • Amotion Definition
  • Uniform Limited Partnership Act Definition
  • Ultra Vires Definition
  • Board Evaluation Definition
  • Brassplate Company Definition
  • Berle-Means Thesis Definition
  • Mutual Company Definition
  • Flip Over Poison Pill Definition
  • Flip In Poison Pill Definition
  • Cadbury Rules Definition
  • Back-end Plan Definition
  • Backflip Takeover Definition
  • Dead Hand Provision Definition
  • Joint Stock Company Definition
  • Jonestown Defense Definition
  • Lady Macbeth Strategy Definition
  • Macaroni Defense Definition
  • Yellow Knight Definition
  • Operating Company Property Company Model Definition
  • Appraisal Rights Definition
  • Master Limited Partnership Definition
  • Whitemail Definition
  • Wholly-Owned Subsidiary Definition
  • Scorched Earth Policy Definition
  • Self-Dealing Definition
  • Activist Investor Definition
  • Chief Executive Officer (CEO) Definition
  • Chief Financial Officer Definition
  • Chief Information Officer (CIO) Definition
  • Chief Investment Officer (CIO) Definition
  • Chief Legal Officer Definition
  • Chief Operating Officer Definition
  • Chief Risk Officer Definition
  • Chief Security Officer Definition
  • Chief Technology Officer (CTO) Definition
  • Entity Theory Definition
  • Winding Up Definition
  • Uniform Partnership Act Definition
  • Unissued Stock Definition
  • Subsidiary Company Definition
  • Compensation Committee Definition
  • Shareholder Register Definition
  • Shareholder Value Definition
  • Business Continuity Planning Definition
  • Cumulative Voting Rights Definition
  • Guaranteed Stock Definition
  • Issued Shares Definition
  • Conglomerate Definition
  • Non-Profit Organization Definition
  • Supermajority Definition
  • Parent Company Definition
  • State-Owned Enterprise Definition
  • Outstanding Shares Definition
  • Shotgun Clause Definition
  • Family Limited Partnership Definition
  • Promoter Definition
  • Inside Director Definition
  • Non-cumulative (Stock) Definition
  • Audit Committee Definition
  • Quorum Definition
  • Budget Committee Definition
  • Board of Governors Definition
  • Proxy Statement Definition
  • Public Limited Company Definition
  • Publicly-Traded Partnership Definition
  • Corporate Financing Committee Definition
  • Institutional Shares Definition
  • Outside Director Definition
  • Public Service Corporation Definition
  • Board of Trustees Definition
  • Private Foundation Definition
  • Conglomeration Definition
  • Stock Split Definition
  • Holding Company Definition
  • Independent Outside Director Definition
  • Fat Man Strategy Definition
  • Revlon Rule Definition
  • General Partnership Everything You Need to Know
  • Proxy Fight or Contest Definition & Explanation
  • Corporate Charter Definition and Explanation
  • Amalgamation Definition
  • Keepwell Agreement (Letter of Comfort) Definition
  • Close Corporation Plan Definition
  • Corporate Governance Rating Definition
  • Kamikaze Defense Definition
  • Voting Poison Pill Plan Definition
  • Corporate Monitors Definition
  • Information Circular Definition
  • Comply or Explain (UK) Definition

Employment Laws

Understanding Employment Laws

  • Employment Law (Intro)
  • Employment Laws
  • Who is an employee under the employment law?
  • What characterizes the employer-employee, At-Will relationship?

Employment Laws

  • What are the major employment laws?
  • What are the taxation requirements imposed upon employers?
  • What is the Fair Labor Standards Act (FLSA)?
  • What is the Family Medical Leave Act (FMLA)?
  • What is the Worker Adjustment and Retraining Act (WARN Act)?
  • What is the Occupational Safety and Health Act (OSHA)?
  • What is the Employee Retirement Income Security Act (ERISA)?
  • What is the Consolidated Omnibus Budget Reconciliation Act (COBRA)?
  • What is the Health Insurance Portability and Accountability Act (HIPAA)
  • What are Workers Compensation Laws?
  • What are Employment Verification Laws?
  • What are Workplace Privacy Laws?

Labor Laws

  • What are labor laws?
  • What are the major labor laws?
  • What is the Norris LaGuardia Act?
  • What is the National Labor Relations Act?
  • Labor Management Relations Act
  • Labor Management Reporting and Disclosure Act

[/ht_toggle] [ht_toggle title="Employment Discrimination" id="" class="" ] Understanding Employment Discrimination

  • Employment Discrimination (Intro)
  • What is Employment Discrimination?

Employment Discrimination Laws

  • What are the major Employment Discrimination laws?
  • Civil Rights Act of 1866 (1981 Actions)
  • Age Discrimination in Employment Act (ADEA)
  • Americans with Disabilities Act (ADA)
  • The Rehabilitation Act
  • Genetic Information Non-Discrimination Act (GINA)
  • Discrimination in Health Coverage
    • Health Insurance Portability and Accountability Act (HIPAA)
    • Affordable Care Act (ACA)
  • Uniform Service Employment and Reemployment Rights Act (USERRA)
  • Sexual Orientation and Identification
  • What is Affirmative Action?

What is employment discrimination protection under state law?Discrimination Under Title VII of the Civil Rights Act

  • Overview of Title VII (Civil Rights Act of 1964)
  • What is employment discrimination under Title VII?
  • How are Title VII protections enforced?
  • Types of Discrimination
    • Disparate Treatment
    • Disparate Impact
    • Retaliation Under Title VII
  • What is race discrimination under Title VII?
  • What is national origin discrimination under Title VII?
  • What is religious discrimination Under Title VII?
  • What is sex discrimination under Title VII?
  • What is sexual harassment or Hostile work environment under Title VII?
  • What is pregnancy discrimination under Title VII?

Equal Pay Act of 1963Other Concepts

  • Exempt and NonExempt Employees Definition
  • Executive Compensation Definition
  • Davis-Bacon Act Definition
  • Defined Benefit Plan Definition
  • Defined Contribution Plan Definition
  • Non-Compete Agreement Definition
  • Non-Solicitation Clause Definition
  • Major Labor Laws
  • Discrimination Laws in Health Coverage
  • Workplace Employment Laws
  • Background Check Definition
  • Cafeteria Plan Definition
  • Cash Balance Plan Definition
  • Collective Bargaining Agreement Definition
  • Job Accommodation Network Definition
  • Golden Parachute Definition
  • Loudermill Rights
  • Learning Management System Definition
  • Longshoreman Definition
  • Golden Handcuffs Definition
  • Pension Benefit Guaranty Corporation Definition
  • Pay for Performance Definition
  • Form I-9 Definition
  • Performance Based Vesting Definition
  • Public Pension Fund Definition
  • Stock Option Definition
  • Exercise Price or Strike Price Definition
  • Stock Options Backdating Definition
  • Gain Sharing Plan Definition
  • Succession Planning (CEO Succession) Definition
  • Burden Rate Definition
  • Acceptable Use Policy Definition
  • Department of Labor Definition
  • Uniform Labor Practice Definition
  • Work Opportunity Tax Credit Definition
  • Blackout Period Definition
  • Employee Stock Ownership Plan Definition
  • Voluntary Termination Definition
  • Health Reimbursement Account Definition
  • Accumulated Benefit Obligation Definition
  • Benefit Allocation Method Definition
  • Absenteeism Definition
  • Accounting Based Incentive Definition
  • Occupational Labor Mobility Definition
  • Multinational Pooling Definition
  • Incentive Stock Option Definition
  • Accountable Care Organization Definition
  • DB(k) Plan Definition
  • Labor Union Definition
  • Certified Employee Benefit Specialist Definition
  • Wrongful Termination Claim Definition
  • Employee Contribution Plan Definition
  • Right to Work Law Definition
  • Pension Plan Definition
  • Performance Based Compensation Definition
  • Deferred Compensation Definition
  • Human Resource Planning Definition
  • Unit Benefit Plan Definition
  • Workers Compensation Definition
  • Workers Compensation Coverage A Definition
  • Workers Compensation Coverage B Definition
  • CalPERS Definition
  • Active Participant Status Definition
  • Civil Rights Act of 1964 Definition
  • Exempt Employee Definition
  • Non-Discrimination Rule Definition
  • Ex Gratia Payment Definition
  • Top Hat Plan Definition
  • Remuneration Definition
  • Organized Labor Definition
  • Peter Principle Definition
  • Glass Ceiling Definition
  • Presenteeism Definition
  • Cash Allowance Definition
  • Catch Up Contribution Definition
  • Fixed Annuitization Method Definition
  • Federal Employee Retirement System Definition
  • Reload Option Definition
  • Alternative Minimum Cost Method Definition

Consumer Protection Law

Understanding Consumer Protection Law

  • Consumer Protection Law (Intro)
  • What is consumer protection law?
  • What major federal laws protect consumers?

Regulatory Agencies

  • Regulatory Agencies Overview
  • What is the Federal Trade Commission?
  • What are the enforcement procedures of the FTC?
  • What penalties exist for violating FTC regulations?
  • What commercial practices does the FTC prohibit?
  • What is the Consumer Financial Protection Act?
  • What is the Equal Credit Opportunity Act?

Fair Credit Reporting Act

  • What is the Fair Credit Reporting Act?
  • Users of Information?
  • Reporting Agencies?
  • Furnishers of Information?
  • Enforcement?

Other Consumer Protection Laws

  • What is the Truth in Lending Act?
  • What is the Fair Debt Collection Practices Act?
  • What is the Fair Credit Billing Act?
  • What is the Electronic Funds Transfer Act?
  • What is the Consumer Product Safety Act?
  • What labeling laws apply to consumer products?
  • What is the Federal Food, Drug, and Cosmetic Act?
  • What is the Magnuson-Moss Warranty Act?
  • What is the Privacy Act of 1974 (Privacy Act)?
  • What is the Right to Financial Privacy Act of 1978 (RFPA)?
  • What is the Electronic Communication Privacy Act of 1986 (ECPA)?
  • What is the Childrens Online Privacy Protection Act of 1986 (COPPA)?

What role do states play in Consumer Protection?OTHER CONCEPTS

  • Credit Reporting Agency (Business) Definition
  • Credit Reporting Agency Consumers
  • Consumer Financial Protection Bureau Definition
  • Consumer Reporting Agency Definition
  • CAN SPAM Act Definition
  • Predatory Pricing Definition
  • Personally Identifiable Information Definition
  • Privacy Policy Definition
  • Truth in Lending Act (TILA) Definition
  • Unfair Trade Practices Definition
  • Bait & Switch Definition
  • Lemon Laws Definition
  • Consumer Financial Protection Act Definition
  • Credit Repair Organization Act Definitio
  • Regulation B Definition
  • Consumer Credit Protection Act Definition
  • Consumer Advisory Council Definition

Antitrust Law

Antitrust Law (Intro)

Antirust Laws

  • What is Antitrust Law?
  • What are the Major Antitrust Laws?
  • What government agency enforces antitrust law?
  • What Sanctions are available under antitrust law?

The Sherman Act

  • What is the Sherman Act of 1890 (Sherman Act)?
  • What is a Contract, Combination, of Conspiracy in restraint of trade?
  • What is Per Se Illegality and the Rule of Reason?
  • What is a Monopoly?
  • What businesses are exempt from the Sherman Act?

Horizontal Restraint Sherman Act?

  • Sharing Information?
  • Refusal to Deal?
  • Territorial Agreement?
  • Price Fixing?

Vertical Restraints Sherman Act

  • Resale restraint?
  • Exclusive dealing?
  • Tying products?
  • Territorial agreements?
  • What is Monopolization under the Sherman Act?

Clayton Act

  • What is the Clayton Act of 1914 (Clayton Act)?
  • What is price discrimination under the Clayton Act?
  • What are special arrangements prohibited under the Clayton Act?
  • When are tying contracts an illegal restraint under the Clayton Act?
  • When are reciprocal dealing contracts an illegal restraint under the Clayton Act?
  • How does the Clayton Act regulate mergers and acquisition?
  • FTC Act Antitrust Law

Secured Transactions

Secured Transactions Law (Intro)

Security Interests Explained

  • What is a security interest?
  • What are the benefits of security interests for creditors?

Security Interests in Land

  • What are the common types of security interest in real property (land)?
  • What is a mortgage?
  • How does a security interest protect the mortgage holder?
  • What is a Deed of Trust or Security Deed?
  • What is a Land Sale Contract?

Security Interest in Personal Property

  • What is a security interest in personal property?
  • How does one establish a security interest in personal property?

Establishing a Security Interest

  • What is Perfection of a security interest?
  • What are the methods of perfecting a security interest in personal property?
  • How does one establish a security interest in real property (land)?
  • What is Automatic Perfection of a security interest?
  • What is a Purchase Money Security Interest (PMSI) in consumer goods?
  • What is a Purchase Money Grace Period for a PMSI in non-consumer goods?
  • How does one continue perfection of a PMSI in non-consumer goods?
  • What is Temporary Automatic Perfection in Proceeds from the sale of goods?
  • How is a security interest created in Assignment of Accounts Receivable and Contract Rights?
  • How does one perfect a security interest by Possession of the collateral?
  • How does on perfect a security interest by Control of collateral?
  • How does one perfect a security interest by Filing a Financing Statement?
  • What authorization is required to file a financing statement?
  • Where is the appropriate office to file a financing statement?

Understanding Priority of a Security Interest

  • What is Priority of a security interest?
  • What role does perfection play in establishing the Priority of a secured party?
  • What are the common conflicts arising as to priority of a security interest?
  • What is the priority of parties secured by common law and statutory liens?
  • What is the priority of a buyer of collateral that is subject to a security interest?

Defenses Against Security Interests

  • What is required to be a buyer in the ordinary course of business?
  • How does 9-320(b) protect consumers who purchase goods from other consumers?
  • What is the Shelter Principle?

Priority of Conflicting Security Interests

  • What are the general Priority Rules for Conflicting security interests?
  • Who has Priority in Proceeds from the sale of collateral?
  • What is a secured partys priority in future advances to a debtor?
  • What is the priority of a PMSI in goods (other than inventory and livestock)?
  • What is the priority of a PMSI in inventory?
  • What is the priority of conflicting PMSIs?
  • What is the priority of security interests in fixtures?
  • What is the scope of fixture priority rules?



Other Concepts

  • Organization of a Contract
  • Accord and Satisfaction Definition
  • Novation
  • Anticipatory Repudiation
  • Evergreen Contract Definition
  • E-Sign Act Definition
  • Force Majeure Clause Definition
  • Electronic Funds Transfers (EFT) Definition
  • Engagement Letter Definition
  • Red Herring (Securities) Definition
  • Non-Possessory Lien Definition
  • Cashiers Check Definition
  • Quid Pro Quo Definition
  • Adhesion Contract Definition
  • How to Read the Contract
  • Contract Warranties
  • Security Interests Explained
  • Assumpsit Definition
  • Boilerplate Definition
  • Certified Check Definition
  • Cashiers Check Definition
  • Collateral Definition
  • Cosign Definition
  • Cross Collateralization Definition
  • Cash Against Documents Definition
  • Convention on Contracts for the International Sale of Goods (CISG) Definition
  • Guaranty or Guarantee Definition
  • Kiting Definition
  • Inflation Adjustment Clause Definition
  • Letter of Credit Definition
  • Letter of Indemnity Definition
  • Pari Passu Definition
  • Absolute Priority Rule Definition
  • Personal Guarantee Definition
  • Pledge as Collateral Definition
  • Aleatory Contract Definition
  • Standby Letter of Credit Definition
  • Surety Definition
  • Shrinkwrap Agreement Definition
  • Acceleration Clause (Contracts) Definition
  • Tax Lien Definition
  • Subordinated Debt Definition
  • Uniform Commercial Code Definition
  • Unsecured Loan Definition
  • Allonge Definition
  • Wire Transfer Definition
  • Acceptance Letter of Credit Definition
  • Uniform Customs and Practice Definition
  • Promissory Note Definition
  • Acceptance Market (Finance) Definition
  • Accommodation Bill Definition
  • Avalize Definition
  • Substitute Check Definition
  • Bank Draft Definition
  • Buyback Allowance (Contracts) Definition
  • Bulk Sales Law Definition
  • Acceptance Bill of Exchange Definition
  • UCC-1 Statement Definition
  • Inchoate Definition
  • Backup Line of Credit Definition
  • Back-to-Back Letters of Credit Definition
  • Debtor in Possession Definition
  • After-Acquired Collateral Definition
  • Secondary Liability Definition
  • Secured Creditor Definition
  • Commercial Paper Funding Program Definition
  • Repudiation (Contract) Definition
  • Rescission (Contract) Definition
  • Continuation Statement Definition
  • Contract Theory Definition
  • Sight Draft Definition
  • Subcontracting Definition
  • Unencumbered Definition
  • Unperfected Lien Definition
  • Subordination Agreement Definition
  • Bill of Sale Definition
  • Bankers Acceptance Definition
  • Barter Definition
  • Payment in Kind Definition
  • Cash With Order Definition
  • Counterparty Definition
  • Cramdown Definition
  • Covenant Definition
  • Letter of Guarantee Definition
  • Accommodation Endorsement Definition
  • Accommodation Endorser Definition
  • Acceptor (Bill of Exchange) Definition
  • Possessory Lien Definition
  • Preferred Debt Definition
  • Sum Certain (Contracts) Definition
  • Escalator Clause Definition
  • Abandonment Option (Contract) Definition
  • Construction Lien Definition
  • Exculpatory Clause Definition
  • Reorganization Definition
  • Accommodation Paper Definition
  • Remittance Letter Definition
  • Silent Automatic Lien Definition
  • Unsecured Creditor Definition
  • Irrevocable Letter of Credit Definition
  • Insolvency Definition
  • Privity Definition
  • Bankruptcy Financing Definition
  • Bankruptcy Abuse Prevention and Consumer Protection Act Definition
  • Addendum Definition
  • Click-Wrap Agreement Definition
  • Blanket Lien Definition
  • Collateralization Definition
  • Meeting of the Minds Definition
  • Mechanics Lien Definition
  • Negotiable Instrument Definition
  • American Bankruptcy Institute Definition
  • Cooling Off Rule Definition
  • Sight Letter of Credit Definition
  • Automated Clearing House (ACH) Definition
  • Limited Recourse Debt Definition
  • Chapter 12 Bankruptcy Definition
  • Chapter 15 Bankruptcy Definition
  • Chapter 9 Bankruptcy Definition
  • Convenience Check Definition
  • Bill of Exchange Definition
  • Lien Definition
  • Bank Endorsement Definition
  • Blank Endorsement Definition
  • Doctrine of Utmost Good Faith Definition & Explanation
  • Competitive Tender Definition
  • Defeasance Definition
  • Exposure Draft Definition & Explanation
  • Asset-Backed Commercial Paper Definition
  • Asset Backed Commercial Paper Money Market Fund Liquidity Facility Definition
  • Bearer Form Definition

Commercial Paper

Understanding Commercial Paper

  • Commercial Paper (Intro)
  • What is Commercial Paper?
  • What are the common types of commercial paper?
  • Who is a Holder of a negotiable instrument?

Negotiability of Commercial Paper

  • What is Negotiability and why is it important?
  • What is required for commercial paper to be negotiable?
  • When does commercial paper contain an Unconditional promise to pay?
  • What is Payable on Demand or Payable on Time?
  • What is Order Paper and Bearer Paper?
  • How is a payee identified on the negotiable instrument?
  • What rules does the court apply in determining negotiability?

Negotiation of Transfer of Commercial Paper

  • How is commercial paper negotiated to a holder?
  • What is Transfer of a negotiable instrument?
  • What is Indorsement of a negotiable instrument?
  • What are the various types of indorsement?

Primary Obligation to Pay Commercial Paper

  • How does a holder receive payment on a negotiableinstrument?
  • Who is potentially liable on (or obligated to pay) a negotiable instrument?
  • When is an individual liable for a representative signing a negotiable instrument?
  • What rules apply if a holder loses a negotiable instrument?
  • When is payment of a negotiable instrument overdue?

Underlying Obligation

  • What effect does a negotiable instrument have on the underlying obligation?

Holder in Due Course

  • What is a holder in due course?
  • What are the requirements for a holder to become a holder in due course?
  • Receive an instrument for value?
  • Receive an instrument in good faith?
  • Receive an instrument without notice of a valid defense?
  • How does discharge of the Underlying Obligation affect a holder in due course?

Defenses Against Payment of a Negotiable Instrument

  • What is the Shelter Rule?
  • Can you limit a transferee from becoming a holder in due course?
  • Personal Defenses?
  • Real Defenses?
  • What is a Claim in Recoupment?
  • What are the rights of a holder in due course if the instrument involves a consumer transaction?
  • What happens if a negotiable instrument is Forged?
  • What happens if a negotiable instrument is Stolen?

Secondary Liability to Pay a Negotiable Instrument

  • What is the role of a Guarantor or Surety of a negotiable instrument?
  • What is an Accord & Satisfaction?
  • What is primary and secondary liability on an instrument?
  • What is Drawer or Maker Liability for a negotiable instrument?
  • What is Transferor Warranty of a negotiable instrument?
  • What is Indorser Warranty of a negotiable instrument?
  • What is Presentment Warranty of a negotiable instrument?
  • What is a warrantors liability for a dishonored note or draft?
  • What is the time limitation for warranty of a negotiable instrument?
  • When are the warranties of a negotiable instrument discharged?

Bankruptcy Law

Understanding Bankruptcy

  • Bankruptcy Law (Intro)
  • Bankruptcy Overview
  • What is Bankruptcy?
  • What are the types of business bankruptcy?

Bankruptcy Process

  • Who are the participants in the bankruptcy process?
  • Key concepts behind the bankruptcy process?
  • What rules govern the bankruptcy process?
  • What the authority of the bankruptcy court?
  • What is the authority of the trustee (debtor in possession) in bankruptcy?
  • What assets of the debtor are included in the bankruptcy estate?
  • What is the automatic stay in bankruptcy?
  • What is a claim by creditors of the bankruptcy estate?
  • What is voluntary and involuntary bankruptcy?

Business Bankruptcy Process

  • What is the Chapter 7 bankruptcy process?
  • What is the Chapter 11 bankruptcy process?

Authority of the Debtor in Possession

  • Accept or reject contracts?
  • Avoiding powers?
  • Stay of Proceeding?
  • Use of Business Assets?
  • Post-Petition Financing?

Finalizing the Bankruptcy Process

  • What is the appointment of a Trustee or Examiner in business bankruptcies?
  • What is a Plan of Reorganization?
  • What is Cramdown of a reorganization plan?
  • To what extent does the bankruptcy process relieve a debtor's debts?

Environmental Law

Overview of Environmental Laws

  • Environmental Law (Intro)
  • What are environmental laws?
  • What is the structure of environmental protection law?
  • What is the Environmental Protection Agency?
  • How are environmental laws enforced?

National Environmental Policy Act

  • What is the National Environmental Policy Act of 1970?
  • Environmental Impact Statement?

Clean Air Act

  • What is the Clean Air Act?
  • State Implementation Plan?
  • New Source Performance Standards and New Source Review?
  • Prevention of Significant Deterioration?
  • Non-attainment Areas?
  • Interstate Pollution?
  • Enforcement?

Clean Water Act

  • What is the Clean Water Act?
  • Exceptions or Variances?

Laws Targeting Animals

  • What is the Endangered Species Act of 1973?
  • What federal laws control pesticides?

Waste Disposal

  • What laws govern solid waste disposal?
  • What is the Toxic Substance Control Act of 1976?
  • What is the Comprehensive Environmental Response, Compensation, and Liability Act?

Intellectual Property

Understanding Intllectual Property

  • Intellectual Property Law (Intro)
  • What is Intellectual Property?
  • What is the purpose in granting intellectual property rights?
  • What is required to capture or secure intellectual property rights?

Trade Secrets

  • What are Trade Secrets?

Patent Rights

  • What are patents or patent rights?
  • What are the primary types of patents?
  • What are the requirements for a valid patent?
  • What are the requirements for a design patent?
  • What are the requirements for a utility patent?
  • What is the process for securing patent rights?
  • What is a Provisional Patent?
  • What is the process for enforcing ones patent rights?

Trademarks

  • What is a Trademark?
  • What are types of trademark?
  • What is required to capture trademark rights?
  • What is the Distinctiveness requirement for a Trademark?
  • What is the process for determining whether a trademark is sufficient distinctive?
  • What is Federal Trademark Registration?
  • What protections exist for trademark rights under state law?
  • What are the primary reasons for rejecting a trademark application?
  • What are the common trademark designations?
  • What is the process for filing for federal trademark registration?
  • What is trademark infringement?
  • How does one enforcetrademark rights?
  • How does a trademark holder demonstrate infringement of a trademark?

Copyrights

  • What is a copyright?
  • What are the rights of a holder of a copyright?
  • What are the elements of a copyright?
  • How long is the period of copyright protection?
  • What is the process for registering a copyright?
  • Who may claim and secure copyright protection?
  • What are infringement and the process for enforcing a copyright?
  • What are the defenses available against a claim of copyright infringement?
  • What is Fair Use of copyright?
  • What is the First Sale Doctrine?

International Intellectual Property

  • What international protections exist for intellectual property rights?

OTHER CONCEPTS

  • Conducting Trademark Search
  • Trademark Application
  • Drawing a Trademark
  • Patent Search
  • Structure of a Patent
  • Applying for Design patent
  • Readily Removable Fixtures
  • Who Can Claim Copyright Protection?
  • Deed in Lieu of Foreclosure Definition
  • Design Build Contract Definition
  • Digital Millennium Copyright Act or DMCA Explained
  • Flipping (Property) Definition
  • Earnest Money Definition
  • End User License Agreement Definition
  • Home Equity Definition
  • Habendum Clause Definition & Explanation
  • Hell or High Water Contract Definition
  • Homeowner Affordability and Stability Plan Definition
  • Homeowners Association (HOA) Definition
  • Homeowners Protection Act Definition
  • Housing and Urban Development (HUD) Definition
  • HUD 1 Form Definition
  • Real Estate Settlement Procedure Act (RESPA) Definition
  • Non-Disclosure Agreement Definition
  • National Housing Act Definition
  • Absolute Title Definition
  • Absorption Rate Definition
  • Attornment Definition
  • Acquisition, Development, and Construction Loan (ADC) Definition
  • Assessment Ratio Definition
  • Allodial System Definition
  • Consignment Definition
  • California Labor Code 2870 Definition
  • Castle Doctrine Definition
  • Closing (Property) Definition
  • Licensing Agreement Definition
  • Lis Pendens Definition
  • Abstract of Title Definition
  • Paris Convention Definition
  • Private Mortgage Insurance Definition
  • Multiple Listing Service Definition
  • Public Domain Works Definition
  • Affidavit of Title Definition
  • Absolute Interest Definition
  • Bundle of Rights Definition
  • Building Residual Method Definition
  • Tax Deed Definition
  • Implied Warranty of Habitability Definition
  • Warranty of Title Definition
  • Warranty Deed Definition
  • Buy, Strip, and Flip Definition
  • Calculated Intangible Value Definition
  • Declaration of Trust Definition
  • Fair Housing Act Definition
  • Judicial Foreclosure Definition
  • Net Lease Definition
  • Certificate of Title Definition
  • Certified Divorce Financial Analyst Definition
  • One Percent Rule Definition
  • American Land Title Association (ALTA) Definition
  • Short Sale Definition
  • Triple Net Lease (NNN) Definition
  • Trust Deed Definition
  • True Lease Definition
  • Encumbrance Definition
  • Encroachment Definition
  • Building Permits Definition
  • Certificate of Release Definition
  • Chain of Title Definition
  • Defective Title Definition
  • Letters Patent Definition
  • Homeowners Association (HOA) Definition
  • Federal Housing Administration (FHA) Definition
  • Clear Title Definition
  • Abeyance Definition
  • Accessory Dwelling Unit Definition
  • Land Lease Option Definition
  • Chattel Definition
  • Emblements Definition
  • Just Compensation Definition
  • Knowledge Capital Definition
  • Letters Patent Definition
  • Opinion of Title Definition
  • Patent Attorney Definition
  • Patent Troll Definition
  • Escheat Definition
  • Title Insurance Definition
  • Title Search Definition
  • Tenancy at Will Definition
  • Property Management Definition
  • Settlement Statement Definition
  • Plant Patent Definition
  • Quiet Title Definition
  • Restrictive Covenant Definition
  • Appurtenance Definition
  • Cloud on Title Definition
  • Closing Statement Definition
  • Listing Agreement Definition
  • Certificate of Acceptance Definition
  • Co-Tenancy Clause Definition
  • Conveyance Definition
  • Millage Rate Definition
  • Cost-Plus Contract Definition
  • Register of Deeds Definition
  • Closed End Lease Definition
  • Hold Harmless Clause Definition
  • Carrying Charge Definition
  • Construction Surety Bond Definition
  • Closing Costs Definition
  • Defect of Record Definition
  • Littoral Land Definition

International Law

Understanding International Law

  • International Law (Intro)
  • What is International Law?
  • What are the types of international law?

International Government Organizations?

  • United Nations
  • United Nations Commission on International Trade law
  • United Nations Conference on Trade Development
  • North Atlantic Treaty Organization
  • International Monetary Fund
  • Other Economic Development Organizations
  • World Bank
  • World Trade Organization
  • European Union
  • What international courts exist and what are their functions?

International Business

  • What are the methods of carrying on international business?
  • What are the legal risks associated with carrying on international business?
  • What major international agreements affect international trade?
  • When is carrying on business in a foreign country prohibited by US law?
  • What is the significance of boycotts between foreign countries?
  • What US laws apply to limit business transactions in foreign countries?
  • What regulations apply to exports from the United States?
  • What are the legal limitations on importing goods into the United States?

International Legal Disputes

  • How are private international business agreements generally enforced?
  • How do parties determine the rules, location, and method of resolving disputes?

Immigration Law

  • Form I-94
  • Labor Certification Definition
  • Form I-20 Definition
  • Visa Waiver Program Definition

Inheritance, Trusts, & Estates

  • ABLE Account Definition
  • Acceptance of Office by Trustee Definition
  • Accumulated Income Payments (Canada) Definition
  • Ademption Definition
  • Asset Protection Trust Definition
  • Bare Trust Definition
  • Beneficial Interest Definition
  • Bequest Definition
  • Blind Trust Definition
  • Charitable Gift Annuity Definition
  • Charitable Lead Trust Definition
  • Charitable Remainder Annuity Trust Definition
  • Charitable Remainder Trust Definition
  • Charitable Split-Dollar Insurance Plan Definition
  • Chartered Trust and Estate Planner Definition
  • Conservatorship Definition
  • Coverdell Education Savings Account Definition
  • Credit Shelter Trust Definition
  • Credit Shelter Trust Definition
  • Cy Pres Doctrine Definition
  • Discretionary Trust Explained
  • Elective Share Definition
  • Exordium Clause Definition & Explanation
  • Generation Skipping Trust Definition
  • Grantor Trust Rules Definition
  • Inter Vivos Trust Definition
  • Irrevocable Income-Only Trust Definition
  • Irrevocable Trust Definition
  • Living Trust Definition
  • Non-Contestability (No Contest) Clause Definition
  • Non-Contestability Clause Definition
  • Per Stirpes Definition
  • Probate Definition
  • Qualified Domestic Relations Order (QDRO) Defintion
  • Qualified Domestic Trust (QDOT) Explained
  • Qualified Terminal Interest Protection Trust (QTIP) Definition
  • Revocable Trust Definition
  • Succession Planning Definition
  • Uniform Gifts for Minors Act Definition

Insurance & Risk Management

Undersanding Insurance Law

  • Insurance Law (Intro)
  • What is insurance?
  • What is an insurance contract?
  • What is an insurable interest?
  • What are the common categorizations of insurance?

Common Types of Insurance Coverage

  • Vehicle insurance?
  • Health insurance?
  • Disability Insurance?
  • Life Insurance?
  • Homeowners, Renters, and Fire Insurance?
  • Business Liability Insurance?

Insurer Insured Relationship

  • What are the primary obligations of the insurer?
  • What are the primary obligations of the insured?
  • What is the general structure of an insurance contract?
  • What are the common disputed provisions in an insurance contract?
  • What is required for the termination of an insurance contract?

OTHER CONCEPTS

  • Insurance Considerations for Business
  • Hazard Insurance Definition
  • Forecasting (Business)
  • Enterprise Risk Management (ERM) Definition
  • Earned Premium (Insurance) Definition
  • Health Maintenance Organization Definition
  • Capitated Contract (Health Insurance) Definition
  • National Association of Insurance Commissioners Definition
  • Cash Surrender Value Definition
  • Qualified Actuary Definition
  • Actuary Definition
  • Coinsurance Definition
  • Cession (Insurance) Definition
  • Captive Agent (insurance) Definition
  • Captive Insurance Company Definition
  • Insurance Regulatory Information System Definition
  • Key Person Insurance Definition
  • LLoyds of London Definition
  • Operational Risk Definition
  • Accelerated Benefit Definition
  • Participating Community (Flood Insurance) Definition
  • Liability Risk Retention Act Definition
  • Credit Rating Agency Definition
  • Private Passenger Auto Insurance Risk Profile Definition
  • Self-Funded Insurance Plan Definition
  • Underwriter Definition
  • Excess Insurance and Umbrella Insurance Policy Definition
  • Underinsured Motorist Coverage Definition
  • Acceleration Life Insurance Definition
  • Above Ground Risk Definition
  • Burning Cost Ratio Definition
  • Bumbershoot Policy Definition
  • Ambiguity Principle (Insurance) Definition
  • Accelerated Option (Insurance) Definition
  • Basket Retention Definition
  • Bobtail Liability Insurance Definition
  • Bayes Theorem Definition
  • Absolute Beneficiary Definition
  • Absolute Exclusion Definition
  • Combined Ratio (Insurance) Definition
  • All Risks Clause Definition
  • Jarrow Turnbull Model Definition
  • Objective Probability Definition
  • Incontestability Clause Definition
  • Unconditional Probability Definition
  • Waterfall Concept Definition
  • Omnibus Clause Definition
  • Adjuster Definition
  • Reservation of Rights Letter Definition
  • Contingency Definition
  • Uninsured Motorist Coverage Definition
  • Subrogation Definition
  • Risk Management Definition
  • Childrens Health Insurance Program Definition
  • Abandonment Clause Definition
  • Accelerative Endowment Definition
  • Accommodation Line Definition
  • Political Risk Definition
  • Commercial Property Casualty Market Index Survey Definition
  • Cape Cod Method Definition
  • Accidental Means Definition
  • Incurred But Not Reported Definition
  • Antistacking Provisions (Insurance) Definition
  • Professional Risk Manager Definition
  • Claims Adjuster Definition
  • Co-Pay Definition
  • Insurance Underwriter Definition
  • Insurance Premium Definition
  • Cooperation Clause Definition
  • Associate in Insurance Services (AIS) Definition
  • Associate in Loss Control Management Definition
  • Associate in Marine Insurance Management Definition
  • Associate in Personal Insurance Definition
  • Associate in Reinsurance (ARe) Definition
  • Associate in Risk Management Definition
  • Independent Agent (Insurance) Definition
  • Commercial General Liability Definition
  • American Academy of Actuaries Definition
  • American Association of Insurance Services Definition
  • American Council of Life Insurance Definition
  • Associate in Commercial Underwriting Definition
  • Associate in Insurance Accounting and Finance Definition
  • Collateral Source Rule Definition
  • Associate in Surplus Lines Insurance Definition
  • American Insurance Association Definition
  • Asset Protection Definition
  • Capitated Contract Definition
  • Charitable Gift Life Insurance Definition
  • Annuitization Definition
  • Scenario Analysis Definition
  • Own-Occupation Policy Definition
  • Financial Risk Manager Definition
  • Performance Bond Definition & Explanation
  • American Risk and Insurance Association Definition
  • Capital at Risk Definition
  • Affidavit of Loss Definition
  • Clean Sheeting Definition
  • Business Interruption Insurance Definition
  • Chartered Insurance Professional Definition
  • Chartered Life Underwriter Definition
  • Chartered Property Casualty Underwriter Definition
  • Commercial Blanket Bond Definition
  • Alternative Risk Transfer Market Definition
  • Assigned Risk Definition
  • Credit Disability Insurance Definition
  • Point of Service Plan Definition
  • Anti-Indemnity Statute Definition
  • Assumed Interest Rate Definition
  • Business Recovery Risk Definition
  • Barra Risk Factor Analysis Definition

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