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The Hastings Business Law Journal ("HBLJ") seeks to explore and analyze events as they shape the dynamic interplay between law and business. Currently on our eleventh volume, HBLJ publishes articles and student notes addressing business law issues on the cutting-edge, both domestically and internationally. To submit an article for consideration, learn about our submissions process here.

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Rational Financial Meltdowns

In 2007 and 2008, the United States and the rest of the world experienced a series of meltdowns across a wide range of markets. What is striking is not just that so many markets broke down over a relatively short period of time, but the mere existence of so many markets and meta-markets. The proliferation of markets was part of well-intentioned measures used as means to identify and hedge market exposure risks by isolating and trading in the specific risk market. In a less than ideal world, this leaves us left with a large number of interconnected markets and complex securities.

Plus Ultra: Third-Party Preservation In A Cloud Computing Paradigm

This note analyzes problems of electronic document preservation in the context of cloud computing. Such document storage policies pose special problems when a litigant’s data is subject to discovery but stored on the network of a third-party vendor. Without contractual preservation obligations, these third parties are likely to escape sanctions even when crucial data is destroyed.

Encouraging Litigation: Why Dodd-Frank Goes Too Far In Eliminating The Procedural Difficulties In Sarbanes-Oxley

This note reviews the whistleblower protections in the Dodd-Frank Wall Street Reform and Consumer Protection Act. These sweeping protections decrease the barriers and increase the incentives for corporate whistleblowers, in part by decreasing procedural hurdles and providing potentially staggering cash bounties. This note argues that these whistleblower protections go too far and are likely to increase the number of false and meritless claims filed with the Securities and Exchange Commission.

A Responsibility To Speak: Citizens United, Corporate Governance And Managing Risks

Contrary to prior assumptions, the right to corporate political speech established by Citizens United v. Federal Election Commission should not damage corporate stock prices or negatively affect firm value. A sampling of indexes and individual corporate stock prices provides empirical data demonstrating that corporate political spending does not harm shareholders. Special shareholder protections in the event of corporate political speech are therefore unnecessary and such corporate speech does not impinge a shareholder’s ability to exercise political beliefs.

Debunking The Myth That Insurance Coverage IsvNot Available Or Allowed For Intentional Torts Or Damages

A common misconception that insurance coverage is not available for intentional injuries or damage is, in fact, untrue. This myth is based in the “fortuity doctrine” that provides insurance should only cover losses by chance, and public policy that disfavors insurance for intentional harms. In reality, many types of liability insurance policies cover intentional torts ranging from trademark infringement to defamation and employment discrimination. These policies also cover punitive damage awards in most jurisdictions.

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