We are the (National) Champions: Understanding the Mechanisms of State Capitalism in China

China now has the second-largest number of Fortune Global 500 companies in the world. Most of the Chinese companies on the list are state-owned enterprises (sometimes called “SOEs”) organized into massive corporate groups with a central government agency as their …

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Editor's Tweet: Professors Curtis Milhaupt and Li-Wen Lin of Columbia discuss the mechanisms of state capitalism in China

In Strange Company: The Puzzle of Private Investment in State-Controlled Firms

The following post comes to us from Professor Mariana Pargendler of the Fundação Getulio Vargas School of Law at São Paulo, Brazil.  

Despite prior waves of privatization, state-owned enterprises (SOEs) remain a fixture of the variety of capitalism embraced by …

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Editor's Tweet: Professor Mariana Pargendler discusses her new article on private investment in state-controlled firms

The Present and Future of Corporate Governance: Re-Examining the Role of the Board of Directors and Investor Relations in Listed Companies

In our new paper, The Present and Future of Corporate Governance: Re-Examining the Role of the Board of Directors and Investor Relations in Listed Companies, forthcoming in the European Company and Financial Law Review, we contribute a new …

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Editor's Tweet: Joseph McCahery and others discuss the Role of the Board of Directors and Investor Relations in Listed Companies

Alston & Bird Discusses How Hedge Funds and Private Equity Firms Can Manage FCPA Risks

In recent years, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have aggressively investigated and enforced both the anti-bribery and accounting provisions of the Foreign Corrupt Practices Act (FCPA). Many of these matters have been the …

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Editor's Tweet: Alston & Bird Discusses How Hedge Funds and Private Equity Firms Can Manage FCPA Risks

Europe’s OTC Derivatives Regulation: An Overview of the New Framework

The “European Market Infrastructure Regulation,” known as EMIR, was adopted on July 4, 2012, as the Regulation on OTC Derivatives, Central Counterparties and Trade Repositories (EU 648/2012), and took effect in all EU Member States on August 16, 2012. As …

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Editor's Tweet: Europe's OTC Derivatives Regulation: An Overview of the New Framework http://wp.me/p2Xx5U-T4

Wachtell Lipton Discusses the SEC and “Exceptional” Cooperation

Earlier this week, the SEC announced that it had entered into a non-prosecution agreement (NPA) with Ralph Lauren Corporation to resolve an investigation under the Foreign Corrupt Practices Act (FCPA).  While the Department of Justice also announced that it had …

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Editor's Tweet: Wachtell Lipton Discusses the SEC and “Exceptional” Cooperation

Applying Morrison v. National Australia Bank, the Supreme Court Rejects Extraterritorial Application of the Alien Tort Statute

Editors Note:  The author, a partner at Wachtell, Lipton, Rosen & Katz argued the Morrison case for the defendants in the Supreme Court.

Just as it extinguished class-action litigation tourism under the Securities Exchange Act three years ago in Morrison 

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Editor's Tweet: Wachtell's Conway discusses SUpreme Court's recent application of Morrison v. NAB to the Alien Tort Statute

An International Outlook for the SEC

Commissioner Walter delivered the below remarks on March 24, 2013 to the Australian Securities and Investments Commission Forum (via videoconference)

Good morning. Thank you, Greg [ASIC Chairman Greg Medcraft] for that kind introduction.

It is a real pleasure to be …

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Editor's Tweet: SEC Commissioner Elisse Walter describes an International Outlook for the SEC

Is Europe finally converging with the US on sanctions for insider trading and other market abuses?

Traditionally, the view of the US, whether in business or academia, has been that it was a place for weak private enforcement and stronger public enforcement. However, when compared with the level of public enforcement in the European Member States, …

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Editor's Tweet: Professor Pierre-Henri Conac of the University of Luxembourg discusses the EU and US convergence on insider trading and market abuse

A Primer on the Uncorporation

More and more companies appear with strange abbreviations behind their business name. Consider Chrysler Group LLC (instead of Inc.) or LVMH Montres & Joaillerie France SAS. Some even speak about the “endangered corporate form” and point to the rise of …

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Editor's Tweet: Joe McCahery of Tilberg University School of Law discusses his recent work on Uncorporations

Regulatory Competition and Anticorruption Law

My paper, Regulatory Competition and Anticorruption Law, which was recently published in the Virginia Journal of International Law, responds to arguments that the recent increase in European enforcement of anti-bribery laws has created a risk of overenforcement. Critics of …

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Editor's Tweet: Professor Paul Stephan of UVA law discusses international bribery rules and the dynamics of regulatory competition.

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 …

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

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 …

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