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- Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank); Securities and Exchange Commission (SEC); Rulemaking; Dodd-Frank Section 953(b); Administrative Procedure Act (APA); D.C. Circuit Court of Appeals; Pay Ratio disclosure; CEO Compensation; Congress; Soft Pay Cap; Median Compensation; Chevron Deference; Independent Compensation Committee; "Median Employee"; Item 402 of Regulation S-K; Say-on-Pay Votes; Cost of Compliance; De Minimis Exception; Congress; "Name and Blame"; Business Roundtable v. SEC; Chamber of Commerce v. SEC; American Equity Investment Life Insurance Co. v. SEC; "Uncertain Legal Status"; National Association of Manufacturers v. SEC; Arbitrary and Capricious Standard; Amending 953(B) (1)
- Dodd-Frank Wall Street Reform and Consumer Protection Act; Fraud; Hedge Funds; Misappropriation of Assets; Systemic Risk; Financial Systems; Securities Regulation; Institutional Investors; Risk Prevention; Systemic Failure; Long Term Capital Management (LTCM); Retailization; Leveraged Assets; Depository-Custodian; External Independent Valuer; Securities and Exchange Commission (SEC); Defining Hedge Funds; The Alpha; The Securities Act of 1933; The Securities and Exchange Act of 1934; The Investment Company Act of 1940; The Investment Advisers Act of 1940; Bank Runs; Derivatives; Short Selling; Trading Volume; Repo Agreements; Like-Banks Activities; Investor Protection; Scandals; The Sophisticated Investor Doctrine; Pension Funds; Compliance; SEC's Anti-Fraud Rule; SEC's Custody Rule; The International Organization of Securities Commissions (IOSCO) (1)
- Drug Price Competition and Patent Term Restoration Act of 1984; Hatch-Waxman Act; Prescription Drug Prices; Generic Drug Manufacturers; Generic Drug Application Process; Consumer Protection; Reverse Payments; Citizen Petitions; Product Hopping; Misclassiication of Drugs; Mylan Pharmaceuticals; EpiPen; Price Gouging; Food and Drug Administration; Generic Drug User Fee Amendments of 2012 (GDUFA); Sherman Antitrust Act; Monopilization of the Pharmaceutical Industry; New Drug Application (NDA); Brand-Name Drug Application Process; Abbreviated New Drug Application (ANDA); Exclusive Right to Market; Federal Trade commission Act (FTCA); Unfair Methods of Competition; "Unfair or Deceptive Acts or Practices"; "Pay-for-Delay"; Patent Infringement; FTC v. Actavis; Administrative Procedure Act (APA); "Eleventh Hour" Petitions; Medicaid and Medicare; "Innovator" and "Non-Innovator" Drugs; Schemes to Coerce Patients; "Soft Switch"; Pharmacy Benefit Managers (PBMs); Oversight Committees; Proposed Amendments; Reverse Payment Penalty; (1)
- E-Commerce; Interstate Commerce; Sales Tax; Quill corp; N. Dakota; Heitkammp; Online Retailer; Tax; Marketplace Fairness Act; Origin-Based Taxation (1)
- Environmental Protection Agency (EPA); Clean Power Plan; Carbon Dioxide Emissions Reduction; Fossil Fuel-Fired Power Plants; Target Reduction Rates; Administrative Deference; International Climate Change Efforts; Economic Ramifications; Utility Rates; Electric Grid Reliability; Chevron Deference; UARG v. EPA; Michigan v. EPA; Interim Target Goals; Flexible Regulations; Compliance Formula; Endangerment Finding; Section 111(D) of the Clean Air Act; Legislative Intent; "Appropriate and Necessary" Standard; Costs of Implementation; "Tailpipe Rule"; Health Benefits (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Something's Gotta Give: Origin-Based E-Commerce Sales Tax, Juliana Frenkel
Brooklyn Journal of Corporate, Financial & Commercial Law
How to tax interstate online purchases is a frequently debated and contentious topic in the business and tax arena. There are numerous parties affected when a transaction occurs and each affected party would like a taxation policy that benefits its own economic interests, without regard for others. Neither the legislative nor the judicial branch has successfully resolved this e-commerce taxation issue. With the growing need for tax revenue, it is prudent for Congress to finally resolve this circuit split and agree on a unifying Online Sales Tax Law. As opposed to the vast majority of proposals pending in Congress, this …
Social Capital Of Directors And Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher Chen
Social Capital Of Directors And Corporate Governance: A Social Network Analysis, Zihan Niu, Christopher Chen
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article examines how a director’s social capital might affect his or her behavior, the board’s performance, and corporate governance, as well as the potential normative implications of the director’s social network. We argue that the quality of board performance could be improved where the social network closure within the board is high and there are many non-redundant contacts beyond the board. Network closure can improve trust and collaboration within a board, while external contacts may benefit a company with more diverse sources of information. Moreover, different network positioning leads to the inequality of social capital for directors. With more …
From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, Marco Bodellini
From Systemic Risk To Financial Scandals: The Shortcomings Of U.S. Hedge Fund Regulation, Marco Bodellini
Brooklyn Journal of Corporate, Financial & Commercial Law
In the recent past, hedge funds have demonstrated that they can pose and spread systemic risk across the financial markets, and that their managers can use them to commit fraud and misappropriation of fund assets. Even if the first issue now seems to be considered a serious one by the U.S. legislature, which in 2010, as a legislative response to the global financial crisis of 2007-2008, enacted the Dodd-Frank Act Wall Street Reform and Consumer Protection Act (Dodd-Frank), the current regulation still appears inconsistent and inappropriate to prevent and face it. By contrast, the second issue is not always considered …
Abuse Of The Hatch-Waxman Act: Mylan's Ability To Monopolize Reflects Weaknesses, Kieran Meagher
Abuse Of The Hatch-Waxman Act: Mylan's Ability To Monopolize Reflects Weaknesses, Kieran Meagher
Brooklyn Journal of Corporate, Financial & Commercial Law
The Drug Price Competition and Patent Term Restoration Act of 1984, better known as the Hatch-Waxman Act, is intended to lower the average price paid by consumers for prescription drugs. The Hatch-Waxman Act attempts to do so by simplifying the application process for generic drug manufacturers, allowing generic drug applications to circumvent the lengthy FDA testing and approval process that brand-name manufacturers must undergo. Though the Hatch-Waxman Act has successfully created a clear path to the market for generic drugs, it contains loopholes that allow brand name and generic companies to engage in practices aimed at maximizing monopoly profits, effectively …
The Legal Climate On Climate Change: The Fate Of The Epa's Clean Power Plan After Michigan And Uarg, Israel Katz
The Legal Climate On Climate Change: The Fate Of The Epa's Clean Power Plan After Michigan And Uarg, Israel Katz
Brooklyn Journal of Corporate, Financial & Commercial Law
One of the centerpieces of the United States’ effort to combat climate change is the Environmental Protection Agency’s (EPA) controversial Clean Power Plan, which consists of the first-ever federal regulations requiring states to achieve massive carbon dioxide emissions reductions from existing fossil fuel-fired power plants. The regulations operate by setting interim and final emissions target dates for states to ultimately reach an aggregate 32% reduction in carbon emissions by the year 2030. This Note argues that the current regulations will not survive judicial scrutiny, because the U.S. Supreme Court has moved away from traditional administrative deference in instances where an …
Full Disclosure: Moving Beyond Disclosure Regulations To Affirmative Regulation Of Executive Compensation, Christopher Saverino
Full Disclosure: Moving Beyond Disclosure Regulations To Affirmative Regulation Of Executive Compensation, Christopher Saverino
Brooklyn Journal of Corporate, Financial & Commercial Law
In the period following the financial crisis of 2008, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), which compelled the Securities and Exchange Commission (SEC) to engage in substantial rulemaking. The Dodd-Frank mandate in Section 953(b) required the SEC to promulgate a rule, which it eventually finalized and is currently known as Pay Ratio Disclosure. Historically, SEC rulemaking has received great deference when rules are judicially challenged. However, following the passage of Dodd-Frank, the D.C. Circuit Court of Appeals has begun to grant less deference to SEC rulemaking where it has found that the SEC has …