Browsing: Blog
April, 2024
The First of its Kind: the EU AI Act and What it Means for the Future of AI
Failure to Launch: Antitrust Litigation in the Wake of the Blocked JetBlue-Spirit Deal
‘Cause Now We Got Bad Blood: The Battle Between TikTok and the Music Industry
Settling Scores: Celsius’ Chapter 11 Debt Resolution
March, 2024
January, 2024
November, 2023
October, 2023
September, 2023
August, 2023
April, 2023
Meme Stock Mania and the Rise of APEs: A Clever but Controversial Solution to AMC’s Share Issuance Problem
With the Fed Handing Out Parachutes, Will More Banks Want to Jump Out of Planes?
Silicon Valley Bank’s Collapse, Acquisition, and Affordable Housing: What’s Next?
Cryptocurrency and Celebrity Endorsements
March, 2023
February, 2023
January, 2023
December, 2022
November, 2022
October, 2022
September, 2022
April, 2022
March, 2022
November, 2021
The State of Artificial Intelligence in the United States
The Hidden Specter of Financial Censorship
Impact of El Salvador’s Adoption of Bitcoin on U.S. Lending Market
“Revolving Doors” are Just Doors; The Harm is in Who Walks Through Them
The Bipartisan Movement Against Self-Preferencing in Big Tech
NFTs: Legal and Regulatory Implications of an Emerging Asset Class
The Continuous Growth of M&A Deals and Future Projections
October, 2021
April, 2021
March, 2021
Newly Elected Vol. XXVII Board: Congratulations!
The Privacy War: Apple vs. Facebook
Taming the Crypto-Bear: Why Cryptocurrencies Will Cause the Next Recession and How to Soften the Blow
A European Perspective on the Federalization of Shareholders’ Rights
The Supplementary Leverage Ratio and its Impact on the Bond Market
SHAREHOLDER ACTIVISM TODAY: COMPARATIVE OBSERVATIONS AND DEFENSE MECHANISMS
Dulcis in fundo: A Re-thinking of SPACs, and the SPACs’ Promote
Haitayan v. 7-Eleven: Applications of Dynamex in a Prop. 22 World
The Stock Exchanges vs. SEC: How the New Market Data Infrastructure Regulations Will Help the Common Investor
Considerations for Material Adverse Change Clauses Following the Pandemic
February, 2021
How classification issues affect cryptocurrency class action lawsuits
2021 Insurance Industry Outlook in the Wake of COVID-19
Use of Subchapter V During an Economic Crisis
The Big Short (Squeeze) A Look at the Reddit Rebellion through a Legal Lens
The Golden Year (so far) of the SPAC Phenomenon
Raising Capital in Time of Pandemic: An Alternative for Small Businesses
December, 2020
November, 2020
Strong Corporate Governance: A Corporation’s Own COVID-19 Vaccine
Shareholders Should Not Share their Voting Rights: Elimination of Proxy Voting through Blockchain Technology
A Look Ahead: Henry Schein v. Archer & White
Simplifying Section 230
Hackrabbit: A Platform to Solve Ongoing Cybersecurity Issues
Modernizing the “Accredited Investor”
One More Challenge for Directors and officers: Their 2021 D&O Insurance Renewal
“May I speak to the robo-manager?” Understanding investor protection in the digital age.
October, 2020
Fiduciary Duties in a Stakeholder Model of Corporate Governance
The Drivers’ Gig
Crypto-Assets Under the Insolvency and Bankruptcy Code
Using Merger Retrospectives to Examine and Address Labor Market Concentration
Stakeholders’ Protection in 2020: Government Measures or Corporate Governance
Protecting Corporate Information During a Pandemic
Maintaining Protections vs. Prioritizing Efficiency: Implications of the SEC’s New “In Writing” Reporting Requirement for Whistleblowers
Credit Scores: Transparency and Inclusiveness in the Banking Industry
Teleworking Accommodations: Using ADA Structures to Meet Employee Needs During the COVID-19 Pandemic
September, 2020
May, 2020
April, 2020
March, 2020
January, 2020
December, 2019
November, 2019
October, 2019
May, 2019
April, 2019
March, 2019
The Enforceability of Appraisal Rights Waivers
The Impact of the DTSA on Business and Innovation
A Brief History of Tariffs in the United States and the Dangers of their Use Today
Litigation Finance: Financial Innovation Responding to Market Calls
Are There Monopolies in 2019?
Form ADV: Investment Adviser Registration and Ongoing Reporting Obligations under the Advisers Act
February, 2019
The Inherent Conflicts of Dual-Fiduciaries
FINRA Mandatory Arbitration: A Clash with Forum Selection Clauses
Solar Energy’s Untold History and the Factors Driving its Growth Today
Huawei Riding against the Tide: A Showcase of a Tech Giant’s Dedication to R&D
Changes Coming to Rule 10b5-1
The 10 Year Anniversary of Bitcoin
Apple v. Pepper: Will Economic Realities or Contractual Formalities Prevail at the Supreme Court?
December, 2018
November, 2018
Stockholder-Approved Equity-Incentive Plans: Clarifying the Proper Standard of Review
New Regulations of Tech Companies?
Private Direct Lending – You Lend, I Borrow, But That’s Not The End
Hold Up… Are SSOs Actions Responsive?
A Brief History of the Corporate Form and Why it Matters
Fordham JCFL’s 2018 Symposium: The Future of the New International Tax Regime
The Accountable Capitalism Act is Equal Parts Bold and Unrealistic
Election Meddling and Facebook
The Rise of Entrepreneurship and Social Media
October, 2018
It’s Official: Virtual Currencies (like Bitcoin) are a Commodity
Amending Section 36(b) of the 1940 Act: Creating Too High of a Standard?
The 19th Annual A. A. Sommer, Jr. Lecture on Corporate, Securities and Financial Law
An Infrastructure to be Proud Of?: JFK, P3s, and What Other Countries Do
Proxy Voting is Poised To Be Blockchain’s Next Widespread Application
U.S. Policy Proposals to Restart Wage Growth
May, 2018
Cable Companies Need to Be More Than Just Cable Companies to Survive
Legal Chatbots: Advancing Technology and Lawyers of the Future
Joint Ventures in China: Outlook in the Contemporary Political Economy
The Internet Service Business Without Net Neutrality
PROVIDING HOPE THROUGH FUNDING: LITIGATION FINANCE
SEC Disclosures: Balancing Investor Rights With Privacy Rights
April, 2018
Anti-Trust Implications of Big Data
Smart Contracts
Spotify’s IP-Faux: Direct Listings and the Future of Initial Public Offerings
The Board of Directors and M&A Transactions
The Prevalence and Consequences of Internal Fraud
AI and TAR: Law Firms of a New Age
The Fall of the Broker Protocol
The Trend Towards Virtual-Only Meetings
March, 2018
Will GE Bow Out of the Dow and Should We Care?
The BitLicense: Regulatory Overreach or Prudent Response?
Mutual Funds: A Better Alternative than Hedge Funds for Individual Investors?
Biometric Privacy Laws: Illinois and the Fight Against Intrusive Tech
Cyber Regulation in New York: A Step Toward Security
The Effects of Consolidated Audit Trails on Broker-Dealers
Citizens United: 8 Years Later
On Cryptofreude: Why Financial Insiders Delight in Deriding Cryptocurrencies
February, 2018
January, 2018
The 18th Annual A. A. Sommer, Jr. Lecture on Corporate, Securities, and Financial Law – The Agency Costs of Activism by John C. Coffee Jr.
What Can We Expect from the Disney-Fox Deal?
What You Need to Know About the Time Warner and AT&T Merger
The SELF DRIVE Act: Cybersecurity and Cars on Autopilot
Should Laws and Regulations Fix the Problems Associated with the Sharing Economy?
Corporate Governance in a Post-Weinstein Era
December, 2017
November, 2017
Janet the Giant Killer
The Aftermath of Impression Products: Will Decreased Patent Protection Affect Foreign Direct Investment?
EU’s Financial Markets and MiFID II
Dodd-Frank: Security vs. Cost
Congress to CFPB: Mandatory Arbitration Is Here to Stay
The Power and Future of Virtual Reality in the Workplace
The Effectiveness of Corporate Social Responsibility Programs: A Legal Perspective
Director Liability in a Data Breach Era
Private Equity Firms and the Sinking U.S. Retail Industry
October, 2017
Restoring the Promise of Arbitration
Too Big to Boycott: How United Was Able To Stay in the Air
The “Catch 22” of Multinational Transfer Pricing
Is Simplicity Superior: Will a Simplified Tax Code Really Benefit the Middle Class?
“ALEXA, BUY WHOLE FOODS”
The Evolution of Digital Currencies: From Bitcoin to ICOs
Are Stricter, Bright-Line Rules Needed to Ensure Independence in the Accounting Profession?
Local Law 67: A Step Toward Equality
The E.U. General Data Protection Regulation: What Does It Mean for You?
Antitrust Regulation Can Be Anti-Us
Self-Dealing: High-Profile Charities Scrutinized Under New York State Law
September, 2017
April, 2017
March, 2017
February, 2017
January, 2017
November, 2016
October, 2016
April, 2016
March, 2016
February, 2016
January, 2016
October, 2014
March, 2014
February, 2014
October, 2013
September, 2013
August, 2013
May, 2013
April, 2013
March, 2013
Pari Passu for The Seven Percent Too; Argentina’s Fight To Turn Veritable Claims into Legal Fiction
New York’s No Compensation Rule on Law Partnership Fee Matters: Balancing Partners’ Fiduciary Duties to Each Other with Their Duties to Clients
Gabelli v. SEC: Application of the Fraud “Discovery” Rule and other Implications for Civil Enforcement Actions Moving Forward
The Statement and Account Clause and Citizens United – Part IV
The SEC’s Case Against Mark Cuban Heads to Trial
Opportunistic Informants? A Look at some of Dodd-Frank’s Whistleblower Provisions
February, 2013
Know Your Customer: FINRA’s Clarification of New Suitability Rule
Disentangling the Growing FCPA Web
Fifth Circuit Affirms Important Decision in International Bankruptcy Law Disallowing Non-Debtor Discharge
Battle over Herbalife Should Raise Concerns about the Influence of Short Sellers
The Statement and Account Clause and Citizens United: Part II
Squeezed in the Middle: Nobody is Happy with the Pace of Implementation of the Volcker Rule
January, 2013
November, 2012
October, 2012
Immigration Increases Entrepreneurial Activity and Innovation in the U.S., But the Immigrants Are Leaving
Settling for Injustice: The Conundrum of Mortgage Crisis Settlements
DOE Green Investment Portfolio: Is This Government Qua Private Equity Investor Receiving Fair Criticism?
High Frequency Trading: An Overview
CFTC’s New Powers Challenged on Multiple Fronts
The Link Between GSE Reform and QE3
September, 2012
Early Stage Company Seed Venture Funding Skyrockets, But Dark Clouds May Loom Large
Bitcoiners in the Court Room Part II: Civil Litigation and Developments
Bitcoiners in the Court Room, Part I: Government Oversight
Liberalizing Solicitation: Proposed Rules for Reg D and 144A under the Jobs Act
TiVo Suits Shed More Light on Litigation’s Growing Role in Business Models
Government Sponsored Enterprise Reform: A Historical Perspective Part III
August, 2012
July, 2012
Maiden Lane III Sale Gives Fed a Boost
A Cross-Border Insolvency Showdown: Vitro’s Mexican Restructuring Plan Denied Comity in U.S. Bankruptcy Court
Municipal Bankruptcies and the Unintended Impact on Muni Bonds
A Living Will: Planning for a Rainy Day
Summer Suits
The Collateral Damage From the Facebook IPO Fiasco
March, 2012
Up to BATS: An IPO Swing and a Miss
American Airlines Seeks to Use Bankruptcy Court to Restructure Labor Costs
Metro NY/NJ Tops the US for New Tech Jobs Created
Putting the Genie Back into the Bottle: The CFTC Adopts Derivative Clearing Rules
Striking a Balance- Citigroup Fraud Settlement Take Two
Credit Bidding Has Its Day in Court
Thinking About Executive Compensation Claw-Backs: A Comparative Perspective
Facebook IPO- Astounding Anticipated Valuation Based Largely on Size of User Base
JOBS Bill and American Capital Markets
Yahoo Makes a Racket During Facebook’s “Quiet Period”
Volcker Strikes Back: Paul Volcker Defends Prohibitions & Restrictions on Proprietary Trading
Dispute Over Unique Collateral Creates Uncertainty Around Value of American Airline Bonds in Bankruptcy
February, 2012
Dodd-Frank and Modernizing Securities Exemptions: A Matter of Common Sense
Federal Tax Exclusion for Gains on Sales of Stock of Qualified Small Businesses Is Popular Element of the Economic Stimulus Plan
Junk Bond Market Plays Large Role in New LBO’s
Practicing What They Preach – Stop Trading on Congressional Knowledge Act
“Best-Looking GDP Drop Ever” Overshadowed by Approaching Sequester Fiasco in Washington
January, 2012
December, 2011
November, 2011
Occupy Federal Courts: Where Are the Financial Fraud Prosecutions?
Madoff Victims Sue JPMorgan Chase
Defending Skin-in-the-Game in the Market For Residential Mortgages
Did Dodd-Frank Go Far Enough? U.S. Bank Exposure to E.U. Debt Crisis & Another Wall Street “Bailout”
A Defense of Excessive Pay? The Effects of In re Goldman Sachs Group, Inc. Shareholder Litigation
Is FINRA Fatal? The Impact Of Extending SROs To Investment Advisers
New York- The Next Silicon Valley?
MF Global As First Major Casualty of European Debt Crisis
Holding the Key Doesn’t Lock in Success- Your Job or Your Principal
Do SEC Settlements Prospectively Change Conduct?
To Not Admit or To Not Deny, That is the Question: Accountability and the Proposed Citigroup Settlement
MF Global Notes
Changes to SEC Registration Requirements for Private Investment Advisers
“Don’t Think Twice It’s All Right”: How Credit Default Swaps Continue Destabilizing Financial Markets
Groupon’s IPO: Much Anticipated Success or Future Failure?
Renowned Venture Capitalist Challenges Lawyers to Meet the Needs of Startup Companies in Seed Stage Transactions
Occupy Wall Street Malaise
October, 2011
BofA to Impose Debit Card Fee: Will Competitors and Consumers Stay on Board of Jump Ship?
SEC Gets Tough on Insider Trading
Differing Approaches to Spur the Real Estate Marker
The SEC and Proposed Rule 127B: A New Day for Regulation or a Continuation of Current Trends?
Say on Pay and the Business Judgment Rule
The Hurt Volcker: Diffusing Proprietary Trading
For Better or Worse? FINRA’s Attempt to Aid Investors Involved in Arbitration
Britain Adopting Outdated U.S. Policy? And Should the US Follow?
Stern v. Marshall: Historic But Insignificant?
Facilitating Capital Formation by Amending the “500 Shareholder Rule”
Cuban Misappropriates While Courts Still Determine the Rules of Misappropriation