Search results

Suggests how periodicity can be used with complexity theory to enable businesses to understand their position in the periodic cycle of gather, repeat, share and transform. Looks in detail at how complexity, information and organizational structure interrelate and influence learning organizations.

In the world of business, visionary leaders are creating a conscious renaissance. With growing success and surprising earnings, they are teaching humanity the meaning of the word “transformation.” The authors assert that this renaissance, this dawning and awakening of humanity, is the emerging era of evolution. In this era, a new human role is being called for, and the noun “evolutionary” will name those who seek to work with and for the natural order of evolution itself. The Theory of Transformative Growth states that everything that grows and evolves, including a business, does so in a multi‐stage process‐pattern consisting of Gathering, forming a sustainable physical being or idea; Repeating, making multiple likenesses of a new being, product, or idea; Sharing, the process of expanding by integrating differences and increasing relationships; and Transforming, creating a higher order union of increased potential.

To provide an overview of the basic model used by many peer-to-peer lending platforms and some of the key peer lending regulatory and structuring considerations under the federal securities laws.

Explains how the basic peer lending model works, how “borrower dependent notes” or “BDNs” may be offered in private placements or less commonly through public offerings, how companies engaged in peer lending are compensated, how sponsors of peer lending programs generally avoid registration as broker-dealers under the Securities Exchange Act of 1934, as investment advisers under the Investment Advisers Act of 1940 and as investment companies under the Investment Company Act of 1940, and how peer lending platforms are structured to take into account the laws that govern online transactions, consumer privacy, and other related issues.

The authors expect that peer-to-peer lending platforms will continue to mature and evolve, and they expect that the issues discussed in this article will continue to drive their structuring decisions, business models, and regulatory compliance under the federal securities laws.

Practical guidance from experienced financial services lawyers.

The purpose of this paper is to explain a final rule adopted by the SEC and the CFTC that clarifies Dodd‐Frank Act definitions for the new terms “swap dealer,” “security‐based swap dealer,” “major swap participant” and “major security‐based swap participant (together “regulated swap entities”), and an amended definition of the term “eligible contract participant,” and the implications of those definitions.

The paper explains the definitions of “swap dealer,” “security‐based swap dealer,” “major swap participant” and “major security‐based swap participant” and how those definitions affect market participants; extraterritorial reach of regulated swap entity regulation; and the amended definition of the term “eligible contract participant.”

The adoption of the Final Rule is important to swap market participants because it provides firm definitional guidance on the criteria that make one a regulated swap entity subject to registration with the CFTC and/or the SEC and the many responsibilities, obligations, and restrictions that come with substantive regulation, including capital and margin requirements, business conduct rules, conflict of interest rules, chief compliance officer requirements, reporting obligations, and recordkeeping requirements.

The paper provides practical guidance from experienced financial services lawyers.

“While we were once perceived as simply providing services, selling products, and employing people, business now shares in much of the responsibility for our global quality of life. Successful companies will handle this heightened sense of responsibility quite naturally, if not always immediately. I see a future in which the institutions with the most influence by and large will be businesses.” These are the words of the late Robert Goizueta, chairman of the Coca‐Cola Company. They were quoted in an article by Theo Lippman Jr in The Baltimore Sun on July 5, 1998. This quote and the remaining article triggered my thinking about the need to bring this strategic concern to the fore in Strategy & Leadership.

Focusing on the early development of the three major forms of local advertising employed by independent department stores across the USA – newspapers, radio, and television – this paper examines continuity in the industry's commercial use of new technologies.

The research draws on different types of primary sources, including department store financial records and correspondence, retailing trade literature, industry publications, newspaper advertisements, and radio advertisement transcripts.

The local and regional markets of the independent department store, and to some extent, department store chains, required local advertising, something best served by newspapers in the period under study. While many retailers embrace the commercial potential of radio and television as they appear in the 1920s and late 1930s, respectively, others are reluctant to divert their advertising budget away from newspapers. Trade writers for the department store industry and radio and television reveal tension between the National Retail Dry Goods Association, with its progressive orientation and professionalizing goals, and the more traditional merchants these experts are trying to modernize. The paper also suggests, perhaps as a subject for future research, that as radio and television lost their local orientation and became increasingly commercialized and national, independent department store advertising would not have been able to compete with department store chains.

Although much has been written about national advertising, cultural, and business historians have conducted little research on local advertising, the type typically employed by independent department stores. This paper provides an introduction to the three major advertising formats most often used by independent department stores as each medium first emerged as a potential selling tool.

The experience of Mexico's 2002 transparency reform sheds light on the challenge of translating the promise of legal reform into more open government in practice. An innovative new agency that serves as an interface between citizens and the executive branch of government has demonstrated an uneven but significant capacity to encourage institutional responsiveness. A “culture of transparency” is emerging in both state and society, although the contribution of Mexico's transparency discourse and law to public accountability remains uncertain and contested.