The United States Supreme Court Will Review the Scope of Federal Preclusion of State Securities Claims

On January 18, 2013, the United States Supreme Court granted certiorari to resolve a circuit split concerning the extent to which the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”) preempts state law claims that indirectly arise out of securities …

Editor's Tweet |
Editor's Tweet: Dechert's Engel, Steiner, and Wald discuss the Supreme Court's grant of cert regarding SLUSA preemption of state law securities claims.

Jackson Discusses Corporate Political Spending With Bloomberg’s Lee Pacchia

Last week, Professor Robert J. Jackson, Jr.  sat down with Bloomberg Law’s Lee Pacchia to discuss his SEC petition to require public companies to disclose their political spending.  The SEC has received more than 300,000 comments on the petition, more …

Editor's Tweet |
Editor's Tweet: Professor Robert Jackson of Columbia discusses corporate political spending with Bloomberg’s Lee Pacchia

Why Did Australia Fare So Well in the Global Financial Crisis?

Not all jurisdictions around the world suffered the effects of the so-called “global” financial crisis equally. Even among common law countries, which are routinely bundled together in much academic literature, the impact of the crisis varied significantly from jurisdiction to …

Editor's Tweet | 1 Comment  
Editor's Tweet: Professor Jennifer G. Hill of the University of Sydney discusses why Australia fared so well in the recent financial crisis.

The Custom-to-Failure Cycle

The article, The Custom-to-Failure Cycle, which I wrote with my research assistant Lucy Chang (Duke Law School class of 2012), examines how reliance on heuristic-based customs can lead to financial failures. In areas of complexity, people often rely on …

Editor's Tweet | 1 Comment  
Editor's Tweet: Professor Steven Schwarcz of Duke Law discusses his recent article with Lucy Chang on the cycle leading from custom to failure.

The Corporate First Responder: 15 Questions to Consider When a Corporate Crisis Strikes

When a business enterprise is confronted with a situation that suggests that there has been a violation of law, the judgments made at the outset may well be critical to the ultimate outcome. Indeed, poor choices concerning how the matter …

Editor's Tweet |
Editor's Tweet: Sullivan & Cromwell's Michael Wiseman, Sharon Nelles, and Marc Trevino discuss the 15 Questions to Consider When a Corporate Crisis Strikes.

A Comparative Analysis of Shadow Banking Reforms by the FSB, USA and EU

The year 2013 is likely to be a watershed time in the development of shadow banking oversight and regulation. Of particular note are three upcoming developments: (1) the Financial Stability Board (the FSB) has commenced public consultations on its initial …

Editor's Tweet | 1 Comment  
Editor's Tweet: Cleary's Ed Greene and Elizabeth Broomfield discuss their comparative analysis of shadow banking reforms by the FSB, USA, and EU.

Gone With the Wind: Small IPOs, the JOBS Act, and Reality

A dramatic reversal occurred in the capital markets, beginning around 2000, and its causes and implications appear to have been widely misunderstood. From 1980 to 2000, an average of 310 operating companies did initial public offerings (IPOs) each year, but …

Editor's Tweet | 5 Comments  
Editor's Tweet: Professor Coffee discusses small IPOs, the JOBS Act, and reality. He suggests some alternative explanations for the decline of the IPO.

The Proper Role of the Federal Government in Corporate Governance

Commissioner Daniel M. Gallagher delivered the below remarks before the Corporate Directors Forum at the University of San Diego, San Diego, California, on January 29, 2013:

Thank you Anne [Sheehan] for your very kind introduction.  I am honored to be …

Editor's Tweet |
Editor's Tweet: SEC Commissioner Daniel M. Gallagher discusses the proper role of the federal government in corporate governance