What ethical missions can appropriately intersect with corporate profits in the context of mass tort settlements that call for continuing sales of products that involve controversies of some kind? When settlements call for continuing sales of controversial products, how should societies think about those questions? Issues of this sort are on more and more radar

An interesting new article follows up on Adam Winkler’s book; the article is online at this page of SSRN. Hat tip to Steve Hedley for flagging the article.

“Abstract

Adam Winkler’s We the Corporations: How American Businesses Won Their Civil Rights identifies the legal foundations of corporate constitutional rights and traces the historical

It’s seldom simple to plan and manage a compensation fund for personal injuries. The currents status of the September 11th Victim Compensation Fund provides yet another example of some the challenges. In short, on February 15, 2019, the Fund announced a major decrease in its payment percentage, unless it obtains additional funding; see this page

An arbitration agreement may specify confidentiality, but does that term necessarily control and require sealing of subsequent proceedings in court? “No,” usually, is the answer according to a recent federal district court ruling in CAA Sports LLC v. Dogra, No. 4:18-cv-01887-SNLJ, 2018 U.S. Dist. LEXIS 214223 (E.D. Mo. Dec. 20, 2018).  The key portion

A $1 billion compensatory damages verdict last week seems to be another signal of significant unhappiness among the people who are serving on juries. An April 23, 2018 article in the NYT provides more specifics. According to the article, the trial was only on damages, perhaps after a default judgment. As described in my

Interesting topics are raised by a motion by Takata for appointment of Roger Frankel as a futures representative in Takata’s chapter 11 case. The case arose from Takata paying out massive amounts to pay for products recalls demanded by governments and car companies.

In the motion, Takata refers to appointment of Mr. Frankel  to