In this article, Paul G. Rando discusses and responds to the tax-based criticisms that have arisen as a result of Patagonia's recent decision to reorganize as a 501(c)(4) entity.

When is it legal for an employer to discriminate in their hiring practices based on a Bona Fide Occupation Qualification?

Author: Stephanie Scott, Associate Member, University of Cincinnati Law Review Although it is illegal for an employer to discriminate against an employee based on the individual’s sex, Title VII of the Civil Rights Act of 1964 allows employers an exception when employment discrimination is based on a "bona fide occupational qualification” (BFOQ). Courts have upheld... Continue Reading →

The FTC and Cybersecurity: Unfair Business Practices or Unfair Business Expectations

Author: Brooke Logsdon, Associate Member, University of Cincinnati Law Review National Cybersecurity, or the lack thereof, has frequently been front and center in our national news these days. Despite the recent increase of cyber-attacks on corporate entities such as Target, Ashley Madison, and Anthem,[1] Congress has yet to pass an adequate cybersecurity bill that would... Continue Reading →

No One Shareholder Should Have All That Power: When Delaware’s Entire Fairness Standard Applies to Controlling Shareholder Transactions

Author: Dan Stroh, Associate Member, University of Cincinnati Law Review In recent years, Delaware courts have decided several important cases regarding the appropriate standard of review to apply when minority shareholders challenge actions taken by controlling shareholders.[1] In In re Crimson Exploration, the Delaware Court of Chancery created a clarifying framework for courts to analyze... Continue Reading →

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