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To explain SEC Division of Corporation Finance Staff Legal Bulletin No. 14H (SLB 14H), which provides interpretive advice on how the Staff will treat shareholder proposals under the “directly conflicts” and “ordinary business” exclusions under Rule 14a-8.

Explains Rule 14-8 concerning the inclusion of shareholder proposals in a company’s proxy materials, Rule 14a-8(i)(9) on substantive bases for exclusion of shareholder proposals, guidance from SLB 14H on shareholder proposals that do and do not directly conflict with company proposals, Staff guidance prior to SLB 14H, the “ordinary business” exclusion under Rule 14a-8(i)(7), and how SEC staff guidance differs from the majority opinion in Trinity Wall Street v. Wal-Mart Stores, Inc. on the ordinary business exclusion.

The SEC Staff’s new standard for conflicting proposals is likely to make it more difficult for companies to exclude a shareholder proposal that is different from a management proposal if the two proposals are not “mutually exclusive”. Staff guidance also states that companies may not exclude proposals focusing on a significant policy issue under the ordinary business exclusion if “the proposals would transcend the day-to-day business matters and raise policy issues so significant that it would be appropriate for a shareholder vote”.

Expert guidance from experienced securities and financial services lawyers.

This study aims to examine how social exclusion and the social status of a rejecter affect consumers’ purchase intentions toward ordinary products.

Three experiments were conducted to test the hypotheses.

The status of a rejecter, whether high or low, had a significant influence on individuals’ evaluations of ordinary products. Results showed that individuals who were rejected by a low status source had higher purchase intentions toward the ordinary (vs unique) products compared to those who were rejected by a high status source due to threatened self-concept.

With the increased number of lonely consumers in the market today, firms should pay closer attention to the behavioral patterns of consumers who are socially excluded. In addition, firms should be aware that consumers’ purchase intentions vary depending on the sources of social exclusion.

This paper addresses the significant impact of sources of social exclusion on consumers’ evaluation of ordinary products. Moreover, this study focuses on a relatively neglected definition of social status, namely, the sociometric status, to fill the gap in the social status literature.

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

This paper examines a legal bulletin issued by the staff of the Securities and Exchange Commission (SEC) in November 2017 that provides significant new guidance to SEC-reporting companies on the application of the “ordinary business” and “economic relevance” exceptions in Rule 14a-8 under the Securities Exchange Act of 1934. Rule 14a-8 governs an SEC-reporting company’s obligation to include shareholder proposals in its proxy materials for a shareholder meeting.

This paper provides in-depth analysis of the new interpretive guidance against the background of continuing controversy between companies and shareholder-proponents over the bases on which companies should be permitted to exclude from their proxy materials proposals that proponents believe raise social, ethical or other policy issues that are appropriate for shareholder action.

In acting on a company’s request to exclude a proposal, the SEC staff must make difficult judgments regarding the connection between policy issues reflected in the proposal and the company’s business operations, which the company’s directors and officers seek to conduct free of inappropriate shareholder oversight. In the new guidance, the staff calls for assistance in making these judgments by soliciting greater board-level involvement in the exclusion determination and encouraging the company in its no-action submission to discuss the board’s analysis and decision-making process. Greater board participation should encourage a more probing assessment of the considerations weighed in these determinations.

This paper provides expert guidance on a major new SEC disclosure requirement from experienced securities lawyers.

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Introduction In the last decade the problem of product liability has become one of the major concerns affecting industry, consumers and government. Product liability, which relates to the responsibility of a manufacturer to compensate a user who suffers injury from using his product, is not a new concept. King Hammurabi of Babylon instituted these two laws over 4,000 years ago:

In this chapter, we address challenges and constraints to sharing negative emotionally-charged events in the family business context, and how this has an effect on ownership or manager identity. We examine the specific structural and social characteristics of family businesses that can undermine the benefits of socially sharing emotions. We provide illustrations of sharing emotions with external and internal partners of family businesses. We specifically point out the difficulty of sharing due to the deeply personal nature of the emotional events involved, the complexity of relationships, lack of trust, bullying, exclusion, and family expectations.

We conclude that women may be disadvantaged in different ways, such as being exposed to more emotionally challenging events than men, having a limited and crippled network of confidants within and outside the family business, and perceiving themselves as having signs of weakness. All these constraints hinder women from building a solid ownership or manager identity.

Our suggestions to family members and external partners alike are to work on continuous awareness and consciousness building where everything that is mentionable is also manageable, to strengthen relationships through so-called “check-ins” to develop effective communication skills, and to openly discuss family expectations.