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- Climate change; ESG; corporate governance; diversified investors; fiduciary duty; hedge fund; index fund; institutional investors; proxy contest; systematic risk (1)
- Force majeure; contracts; Covid-19; Coronavirus; Pandemic; Commercial Leasing; Real estate; Drafting; Contract Drafting; Frustration of Purpose (1)
- New York City; NYC; Short-term Rental; AirBnB; Rental; Affordable Housing; Commercialize; Landlord; Tenant; Housing; Hotel; 26-2101-4; Federal Sotred Communications Act (1)
- Qualified Opportunity Fund; QOF; Private Equity Exemption; Tax Cuts and Jobs Act; securities law; securities regulation; Donald Trump; COVID-19; Internal Revenue Service; IRS; Qualified Opportunity Zones; QOZ; opporunity zone project; tax law; tax incentive; IRS Form 8996; Securities and Exchange Commission; SEC; Securities Act of 1933; Investment Company Act of 1940; private fund exclusion; SEC Rule 506(b); SEC Rule 506(c); section 3(c)(1); section 3(c)(7); investment contract; sophisticated investor; Regulation D; reform; disclosure; California Public Employees' Retirement System; CalPERS; Assembly Bill 2833; crowdfunding; New Markets Tax Credit Program; Low Income House Tax Credit; low-income areas; (1)
- Uniform Commercial Code; UCC; Security Rights; Mortgage; Real Estate; Credit; Chattel Mortgage; Secured Transactions; Security Devices; Personal Property; Conditional Sales Contract; Trust Receipt; Uniform Conditional Sales Act; National Conference of Commissioners on Uniform State Laws; NCCUSL; Uniform Chattel Mortgages Act; Uniform Trust Receipts Act; Unitary Security Interest (1)
Articles 1 - 5 of 5
Full-Text Articles in Commercial Law
Same Old Story, New Solution: Force Majeure Deficiencies In The Wake Of Covid-19 And An Unorthodox Approach To Drafting It, Steven H. Dovi
Same Old Story, New Solution: Force Majeure Deficiencies In The Wake Of Covid-19 And An Unorthodox Approach To Drafting It, Steven H. Dovi
Brooklyn Journal of Corporate, Financial & Commercial Law
On January 20, 2020, the Centers for Disease Control and Prevention reported the first laboratory-confirmed case of the 2019 Novel Coronavirus (COVID-19) on American soil.[1] On March 8, 2021—more than a year later—the United States District Court for the Southern District of New York decided Gap v. Ponte Gadea New York.[2] It ruled, inter alia, that the COVID-19 pandemic, in keeping with the relevant provision’s narrow tailoring, did not amount to a force majeure event and a defense to breach.[3] While seemingly one of the first decisions of its kind in the Southern District, this Note argues that the holding …
The Development Of The American “Security Interest” And Its Effect On The International Harmonization Of Security Rights, Henry Gabriel
The Development Of The American “Security Interest” And Its Effect On The International Harmonization Of Security Rights, Henry Gabriel
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.
The Coming Shift In Shareholder Activism: From “Firm-Specific” To “Systematic Risk” Proxy Campaigns (And How To Enable Them), John C. Coffee, Jr.
The Coming Shift In Shareholder Activism: From “Firm-Specific” To “Systematic Risk” Proxy Campaigns (And How To Enable Them), John C. Coffee, Jr.
Brooklyn Journal of Corporate, Financial & Commercial Law
This article distinguishes two types of shareholder activism: (1) firm-specific activism, which has a long history and focuses on changes at a specific target company, and (2) systematic risk activism, which seeks to reduce the systematic risk in a portfolio and thereby benefit diversified investors. Typically, such a systematic risk campaign may force a portfolio company to internalize negative externalities to benefit the other companies in the portfolio (such as by reducing carbon emissions or undertaking climate risk reforms). But, systematic risk activism faces an inherent difficulty: the party that leads this campaign and invests in the target company may …
Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility, Audrey E. Abate
Qualified Opportunity Funds: Private Equity Exemptions From Public Responsibility, Audrey E. Abate
Brooklyn Journal of Corporate, Financial & Commercial Law
The historic Tax Cuts and Jobs Act (TCJA), passed and signed into law in 2017, included a pilot program of a new kind of tax advantage: the Qualified Opportunity Zone. The obscure provision has since spawned novel investment vehicles, called Qualified Opportunity Funds, through which qualified individuals and entities participate in what are often significant tax advantages, including deferral of capital gains for up to ten years. Because Qualified Opportunity Funds have come into existence so recently, regulation has been slow to catch up to the ways in which this tax program is rapidly attracting capital from private equity, investment …
Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow
Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow
Brooklyn Journal of Corporate, Financial & Commercial Law
In August 2018, New York City passed a law that required short-term rental websites to disclose information about their users who host in the city. Airbnb, the largest short-term rental company, filed suit with hopes of having short-term rentals legalized. The law stems from the city’s efforts to amelioerate its affordable housing crisis. With over 8.5 million residents living in a tight housing market, New York City should not allow home owners or rental tenants to commercialize their property into de facto hotels that will likely provide accommodations to tourists. This Note will examine the recent law’s impact on New …