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Articles 1 - 13 of 13
Full-Text Articles in Banking and Finance Law
Washington’S 'Cutting-Edge' Technology Solution To Combating Sales Tax Fraud: Real-Time Data (Now), Real-Time Remittance In The Future, Richard Thompson Ainsworth, Robert Chicoine, Andrew Leahey, Sunder Gee
Washington’S 'Cutting-Edge' Technology Solution To Combating Sales Tax Fraud: Real-Time Data (Now), Real-Time Remittance In The Future, Richard Thompson Ainsworth, Robert Chicoine, Andrew Leahey, Sunder Gee
Faculty Scholarship
Globally, consumption tax compliance (value added tax and retail sales tax) has gone digital – digital invoices are becoming mandatory, centralized monitoring of transactions and tax payments are increasingly common, and artificial intelligence is assessing fraud risks in real-time. When tax is collected, it is increasingly being remitted in near-real-time. This is the trajectory for the modern retail sales tax (RST) imposed by most states in the US. While this may appear to be revolutionary to the average American, it is a well-worn path among global nations using the value added tax (VAT). The RST will eventually be following suit. …
Subjective Falsity Under Section 11 Of The Securities Act: Protecting Statements Of Opinion, Daniel H. Smith
Subjective Falsity Under Section 11 Of The Securities Act: Protecting Statements Of Opinion, Daniel H. Smith
Daniel H Smith
SUBJECTIVE FALSITY UNDER SECTION 11 OF THE SECURITIES ACT: PROTECTING STATEMENTS OF OPINION Daniel Hooper Smith Abstract Subjective Falsity Under Section 11 of the Securities Act: Protecting Statements of Opinion discusses the Sixth Circuit’s strict liability decision in Indiana State District Council of Laborers & Hod Carriers Pension & Welfare Fund v. Omnicare, Inc. for statements of opinion contained in registration statements, and its express departure from both the Second and Ninth Circuits. Consistent with the Second, Third, and Ninth Circuits, this Article proposes that both objective and subjective falsity should be the requisite pleading standard for section 11 opinion …
Zappers - Retail Vat Fraud, Richard Thompson Ainsworth
Zappers - Retail Vat Fraud, Richard Thompson Ainsworth
Faculty Scholarship
Zappers skim cash sales at retail. Zappers are add-on programs used by merchants with electronic cash registers (ECRs) or point-of-sale (POS) systems. Zappers are smart and selective. They do not skim all sales, and they never skim credit card transactions.
Although they are present in every jurisdiction, Zappers appear to be most widely used in developed economies that combine high levels of cash sales with high rates of consumption tax. Sweden, for example, has a cash-intensive economy, one of the world’s highest VAT rates (25%), and also reports that 70% of the ECRs in the country are either “… constructed …
From Vanilla Swaps To Exotic Credit Derivatives: How To Approach The Interpretation Of Credit Events, Jongho Kim, Ph.D
From Vanilla Swaps To Exotic Credit Derivatives: How To Approach The Interpretation Of Credit Events, Jongho Kim, Ph.D
Fordham Journal of Corporate & Financial Law
No abstract provided.
Going-Private Decisions And The Sarbanes-Oxley Act Of 2002: A Cross-Country Analysis, Ehud Kamar, Pinar Karaca-Mandic, Eric L. Talley
Going-Private Decisions And The Sarbanes-Oxley Act Of 2002: A Cross-Country Analysis, Ehud Kamar, Pinar Karaca-Mandic, Eric L. Talley
Faculty Scholarship
This article investigates whether the passage and the implementation of the Sarbanes-Oxley Act of 2002 (SOX) drove firms out of the public capital market. To control for other factors affecting exit decisions, we examine the post-SOX change in the propensity of public American targets to be bought by private acquirers rather than public ones with the corresponding change for foreign targets, which were outside the purview of SOX. Our findings are consistent with the hypothesis that SOX induced small firms to exit the public capital market during the year following its enactment. In contrast, SOX appears to have had little …
The Hot Ipo Phenomenon And The Great Internet Bust, Andres Rueda
The Hot Ipo Phenomenon And The Great Internet Bust, Andres Rueda
Fordham Journal of Corporate & Financial Law
No abstract provided.
Opening The Door To Business Methods: State Street Bank & Trust Co. V. Signature Financial Group, Inc. (Note), Colin P. Marks
Opening The Door To Business Methods: State Street Bank & Trust Co. V. Signature Financial Group, Inc. (Note), Colin P. Marks
Faculty Articles
Business method patents require further litigation to answer many lingering questions. The decision of the United States Court of Appeals for the Federal Circuit in State Street Bank & Trust Co. v. Signature Financial Group, Inc. eliminated the "business method" exception. The business method exception used a skeptical approach asking "why should a patent be granted." The skepticism inherent in this approach may explain why the doctrine was recognized for so many years.
Since the time of Hotel Security Checking Co. v. Lorraine Co., advances in the field of science and the advent of computers have forced courts to constantly …
State Banking Department, M. Brenot
State Banking Department, M. Brenot
California Regulatory Law Reporter
No abstract provided.
State Banking Department, B. Lebrecht
State Banking Department, B. Lebrecht
California Regulatory Law Reporter
No abstract provided.
Consumer Credit--Truth In Lending Act--Creditor Defined And Damages And Rescission Jointly Awarded--Eby V. Reb Realty, Inc., Dennis K. Poole
Consumer Credit--Truth In Lending Act--Creditor Defined And Damages And Rescission Jointly Awarded--Eby V. Reb Realty, Inc., Dennis K. Poole
BYU Law Review
No abstract provided.
Bank Trust Department Investment Services For Correspondent Banks, Edward S. Herman, Carl F. Safanda
Bank Trust Department Investment Services For Correspondent Banks, Edward S. Herman, Carl F. Safanda
Indiana Law Journal
No abstract provided.
Validity Of Revolving Charge Accounts In Indiana, Robert W. Sikkel
Validity Of Revolving Charge Accounts In Indiana, Robert W. Sikkel
Indiana Law Journal
No abstract provided.
The Government As Garnishee, R. Foster Scott
The Government As Garnishee, R. Foster Scott
Indiana Law Journal
No abstract provided.