Regulation of Competitive Strategies (BLAW-437-0)
Firms (whether they are brick and mortar or web-based) employ any number of strategies to enhance market share or generate sales. However, for many of those strategies, there is a regulatory component as to their implementation or execution. For example, with respect to pricing decision-making, there are various competition regulations, (e.g. price discrimination, below cost sales, resale price maintenance and/or MAP) at either the state, federal or global level that need to be followed in order to devise a compliant pricing strategy. This course will explore the propriety of at least ten (10) different competitive strategies (e.g. mergers, distribution channels, patent fencing, exclusionary conduct, cooperative efforts with competitors, etc.). One week of the course will be devoted to criminal enforcement of these rules. The content will be delivered through lecture, class discussion, case study, and weekly assignments ( there is no group work in the class). In addition, there will be periodic "pop up" discussions on current competition topics, (e.g. how does antitrust apply to "Big Tech"). Ten (10) percent of the final grade is determined by the weekly assignments, while a closed-book essay exam will determine the remainder of the final grade. BL437 is the only course that serves to provide a regulatory and compliance road-map for the competitive strategies discussed in other courses.
Business Law (BLAW-435-I)
INSEAD STUDENTS ONLY This course is a survey of the basic and fundamental legal concepts that managers and entrepreneurs will be exposed to in public, private and non-profit entities. It is not a surrogate for a law school course (as such the course is not open to law or JD/MBA students) ; it does not delve into subjects of legal procedure (e.g. rules of evidence and rules of civil or criminal procedure). Rather, it covers a variety of legal topics of greatest interest to managers. For example, the course includes instruction on torts, a subject normally covered in a full semester law school course, by focusing on the basics of torts (e.g. negligence, professional negligence (malpractice), and product liability) in a meaningful way so that the student is armed with the ability to identify and analyze tort-related issues going forward. The ten week quarter also includes two topics (contracts and corporations) that are each spread over two weeks of instruction. One week of the quarter is geared to agency law, a subject of great importance in business since under certain circumstances, an employer is automatically liable for the acts of its agents occurring within the scope of their employment. While the majority of class time is spent on civil legal matters (e.g. money damages, equitable relief in the form of injunctions), one week is devoted to a review of criminal law, specifically those crimes that touch U.S. business on a frequent basis (e.g. the Racketeer Influenced and Corrupt Organizations Act (RICO), and Foreign Corrupt Practices Act (FCPA)). Also, due to frequently-expressed interest by students, one week is designed to provide a solid overview of antitrust and intellectual property issues. (Students seeking a deeper dive into these topics should consider taking BLAW 437 upon completion of BLAW 435.)
Business Law (BLAW-435-0)
This course is a survey of the legal concepts that managers and entrepreneurs will be exposed to in public, private, and non-profit enterprises. It is neither a surrogate for a law school course ( as such the course is not open to law or JD/MBA students) nor does it delve into procedural subjects, (e.g. the rules of civil procedure or evidence). Rather, the students will learn the fundamentals of torts (negligence and intentional), agency, product liability, antitrust, contracts, intellectual property, corporate governance and white collar criminal law (e.g. Foreign Corrupt Practices Act). The course content is delivered through lectures, class discussion, study of the case book, and weekly assignments. While 10% of the final grade is determined by the weekly assignments, the remaining portion of the final grade will be assessed in a three-hour, closed book, final essay exam. (There is no formal group work in this class). Other than KPPI 952 and BL 437, there is no other course that delves into the issues that will be covered in BL 435.