Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Contracts (2)
- Alibaba (1)
- Alibaba Partnership (1)
- Arbitration (1)
- Broker-dealers (1)
-
- Brokerage firms (1)
- Capital markets (1)
- China (1)
- Chinese (1)
- Circuit split (1)
- Commercial Law; Securities Law; European Commission; E.C.; Securities and Exchange Commission; International Organization of Securities Commissions; IOSCO; International Institute for the Unification of Private Law; UNIDROIT; New York Stock Exchange; Sarbanes-Oxley Act of 2002; Daimler Benz AG; Securities Act; (1)
- Commitments (1)
- Corporate control (1)
- Corporate governance (1)
- Corporations (1)
- Cross-border (1)
- Customers (1)
- Disclosure (1)
- Disproportionate control (1)
- Disproportionate control structure (1)
- Dispute resolution (1)
- Dodd-Frank (1)
- Duty (1)
- Exchange (1)
- FAA (1)
- FINRA (1)
- Federal Arbitration Act (1)
- Financial Industry Regulatory Authority (1)
- Foreign investment (1)
- Foreign law (1)
Articles 1 - 5 of 5
Full-Text Articles in Securities Law
Sec V. Panuwat: The Federal Pursuit Of Shadow Trading, Kayla Kershen
Sec V. Panuwat: The Federal Pursuit Of Shadow Trading, Kayla Kershen
Brooklyn Journal of Corporate, Financial & Commercial Law
In 2021, the SEC filed a complaint against a biopharmaceutical executive, Matthew Panuwat, for trading on material non-public information in violation of both the federal securities laws and his employer’s company policies. However, because the subject of the confidential information was not his employer, but a similarly situated peer company, Panuwat’s conduct constitutes “shadow trading.” The SEC’s enforcement, and the Northern District of California’s subsequent approval, indicate that company insiders may face liability for shadow trading. However, as written, the SEC arguably bases its attachment of federal liability on the company policies that Panuwat was bound by and violated. This …
Failed Efforts At Harmonization Of Securities Regulation, Roberta S. Karmel
Failed Efforts At Harmonization Of Securities Regulation, Roberta S. Karmel
Brooklyn Journal of Corporate, Financial & Commercial Law
This Article is based on a speech made by Professor Karmel at the Brooklyn Journal of Corporate, Financial, & Commercial Law annual symposium in May 2022 titled “Commercial Law Harmonization: Past as Prologue,” analyzing the work done in the past half-century to balance commercial law. The symposium also celebrated the career of Neil B. Cohen of Brooklyn Law School for his teaching and participation in law reform efforts.
The Customer's Nonwaivable Right To Choose Arbitration In The Securities Industry, Jill I. Gross
The Customer's Nonwaivable Right To Choose Arbitration In The Securities Industry, Jill I. Gross
Brooklyn Journal of Corporate, Financial & Commercial Law
Arbitration has been the predominant form of dispute resolution in the securities industry since the 1980s. Virtually all brokerage firms include predispute arbitration agreements (PDAAs) in their retail customer contracts, and have successfully fought off challenges to their validity. Additionally, the industry has long mandated that firms submit to arbitration at the demand of a customer, even in the absence of a PDAA.
More recently, however, brokerage firms have been arguing that forum selection clauses in their agreements with sophisticated customers (such as institutional investors and issuers) supersede firms’ duty to arbitrate under FINRA Rule 12200. Circuit courts currently are …
Open Sesame: The Myth Of Alibaba's Extreme Corporate Governance And Control, Yu-Hsin Lin, Thomas Mehaffy
Open Sesame: The Myth Of Alibaba's Extreme Corporate Governance And Control, Yu-Hsin Lin, Thomas Mehaffy
Brooklyn Journal of Corporate, Financial & Commercial Law
In September 2014, Alibaba Group Holding Limited (Alibaba) successfully launched a $25 billion initial public offering (IPO), the largest IPO ever, on New York Stock Exchange. Alibaba’s IPO success witnessed a wave among Chinese Internet companies to raise capital in U.S capital markets. A significant number of these companies have employed a novel, but poorly understood corporate ownership and control mechanism—the variable interest entity (VIE) structure and/or the disproportional control structure. The VIE structure was created in response to the Chinese restriction on foreign investments; however, it carries the risk of being declared illegal under Chinese law. The disproportional control …
Liquidity, Systemic Risk, And The Bankruptcy Treatment Of Financial Contracts, Rizwaan J. Mokal
Liquidity, Systemic Risk, And The Bankruptcy Treatment Of Financial Contracts, Rizwaan J. Mokal
Brooklyn Journal of Corporate, Financial & Commercial Law
No abstract provided.