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Series

Boston College Law School

Banking and Finance Law

2013

Articles 1 - 4 of 4

Full-Text Articles in Law

Keeping Tabs On Financial Innovation: Product Identifiers In Consumer Financial Regulation, Patricia A. Mccoy, Daniel Carpenter Jan 2013

Keeping Tabs On Financial Innovation: Product Identifiers In Consumer Financial Regulation, Patricia A. Mccoy, Daniel Carpenter

Boston College Law School Faculty Papers

The financial crisis of 2008 gave rise to renewed discussion about whether financial innovations should undergo higher scrutiny for potential harm and, if so, what type? In this Article, the authors propose a new system for monitoring financial innovations through a system of registration, data collection and analysis using unique product identifiers. Creating product identifiers would increase monitoring abilities substantially at relatively low cost by facilitating the linkage of separate databases. The assignment of unique product identifiers would also minimize errors in the identification and classification of different financial products. These identifiers would be available to both the government and ...


Barriers To Foreclosure Prevention During The Financial Crisis, Patricia A. Mccoy Jan 2013

Barriers To Foreclosure Prevention During The Financial Crisis, Patricia A. Mccoy

Boston College Law School Faculty Papers

The number of modifications to distressed residential loans following the 2008 financial crisis has been disappointingly low compared to the number of foreclosures. This raises concerns about the presence of artificial barriers to loan modifications in situations where foreclosure should be avoidable. There are three pressing reasons to care about what the real barriers to foreclosure prevention are. First, foreclosures that could have been avoided inflict enormous, needless losses on borrowers, investors, and society at large. Second, overcoming artificial barriers to foreclosure prevention will result in loan modifications with higher rates of success. Finally, knowing what to fix is necessary ...


Putting Your Money Where Your Mouth Is: The Performance Of Earnouts In Corporate Acquisitions, Brian J.M. Quinn Jan 2013

Putting Your Money Where Your Mouth Is: The Performance Of Earnouts In Corporate Acquisitions, Brian J.M. Quinn

Boston College Law School Faculty Papers

This Article extends the existing literature on contingent earnout provisions in merger agreements by examining the actual performance of these provisions and drawing conclusions about their adequacy as contractual responses to asymmetric information. Recently available data suggests that actual target company performance post-closing often falls short of the expectations of both buyers and sellers – even when those expectations have been discounted for risk. The consistent failure of sellers to meet earnout targets of all types and the declining values of contingent earnout payment suggests that the earnout provision may not be an adequate response to the dual problems of adverse ...


A World Of Choices, David A. Wirth Jan 2013

A World Of Choices, David A. Wirth

Boston College Law School Faculty Papers

In this keynote address, David Wirth identifies fundamental and dynamic attributes of globalisation, examines the need to confront institutional failures and systemic challenges of multilateral governance, and offers some preliminary observations on directions in which global governance might evolve to achieve salutary outcomes that are good for all.