Settling With Your Hands Tied: Why Judicial Intervention Is Needed To Curb An Expanding Interpretation Of The Foreign Corrupt Practices Act, 2012 Golden Gate University School of Law
Settling With Your Hands Tied: Why Judicial Intervention Is Needed To Curb An Expanding Interpretation Of The Foreign Corrupt Practices Act, Pete J. Georgis
Golden Gate University Law Review
This Comment argues that the broad interpretation of the FCPA’s business nexus requirement, which criminalizes payments that both directly and indirectly “obtain or retain business,” encourages prosecutorial abuse and deviates from the intended purpose of the Act. The Justice Department’s expansive approach to FCPA enforcement has cost companies tremendously, even though the Act’s drafters intended for a more balanced approach. Part I of this Comment will discuss the history and background of the Foreign Corrupt Practices Act of 1977 and its amendments in 1988 and 1998. Part II will examine the application of the business nexus requirement in United States …
Structured Notes Fiasco In The Courts: A Study Of Relevant Judgments In Taiwan Between 2009 And 2010, 2012 Singapore Management University
Structured Notes Fiasco In The Courts: A Study Of Relevant Judgments In Taiwan Between 2009 And 2010, Christopher Chao-Hung Chen
Christopher Chao-hung CHEN
The purpose of this article is to analyse relevant judicial decisions in Taiwan regarding structured notes sold to retail investors. Regarding pre-sale disputes, one issue was that investors failed to read contractual documents properly before signing contracts, so there was a question whether they could later claim a bank’s violation of its duty to explain. This article favours the view that an investor’s signature may exempt a bank’s duty, provided that investors are made aware of relevant warnings. In addition, for suitability assessment, relevant judgments show that customers were too easily classified as active investors based on a simple questionnaire. …
Regulation Of Speculation In The Financial Market: Focusing On Derivative Instruments, 2012 Singapore Management University
Regulation Of Speculation In The Financial Market: Focusing On Derivative Instruments, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
This article argues that market speculation is a conduct to acquire benefits by undertaking risk. Derivative instruments are powerful tools for market participants to conduct market speculation, which may help hedging, market making and completing investment market. However, pure and excessive speculation might cause net loss of market efficiency and create external costs. Some speculative transactions may imply asymmetric information. Market speculation might also lead to market abuse and even systemic risk. These reasons provide the basis to regulate market speculation by derivatives trading. This paper argues that Taiwan law might build on current regulatory model centring on the type …
Equity Swaps And Disclosure Of Shareholding Of Major Shareholders, 2012 Singapore Management University
Equity Swaps And Disclosure Of Shareholding Of Major Shareholders, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
Equity swaps are derivative instruments linking to the performance of stocks or stock indices. In theory, equity swaps would result in the separation of economic interests of shareholders from their stock ownership. Equity swaps have also been used as a weapon in a battle for corporate control in other countries. Thus, the subsequent question is whether a party to an equity swap must disclose his swap positions pursuant to article 43-1 of the Securities Exchange Act if the amount of shares linked in the swap has passed a certain threshold. This paper argues that current disclosure rules under Taiwan law …
Information Disclosure, Risk Trading And The Nature Of Derivative Instruments: From Common Law Perspective, 2012 Singapore Management University
Information Disclosure, Risk Trading And The Nature Of Derivative Instruments: From Common Law Perspective, Christopher Chao-Hung Chen
Christopher Chao-hung CHEN
This paper explores issues of pre-contractual disclosure for derivative instruments, of which this paper describes as contracts to trade risks, in the UK and US. While there is no general duty of disclosure in common law, this paper focuses on whether there should be a duty of disclosure for derivative instruments by comparing with securities law and insurance law. This paper argues that mandatory disclosure in the securities market cannot be extended to exchange-traded futures contracts (save where securities are involved) because of the nature of securities. In addition, this paper argues that derivative instruments, though similar to insurance in …
Classification Of Clients Of Financial Firms: From Comparative Law Perspective, 2012 Singapore Management University
Classification Of Clients Of Financial Firms: From Comparative Law Perspective, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
The purpose of this article is to examine current regulations under Taiwan law with regard to classification of clients of financial firms in Taiwan from the perspective of comparative law. After comparing with relevant laws in the EU, UK, USA, Hong Kong, and Singapore, this article argues that there are certain points worth further consideration and revision under Taiwan law: first, the level of current regulation in Taiwan and its scope are rather limited compared with foreign laws; secondly, it is necessary to introduce other standards than mere ‘total assets’ in order to determine a ‘large’ enterprise; and thirdly, current …
Corporate Governance And The New Trend Of Directors In Company Law In Other Countries, 2012 Singapore Management University
Corporate Governance And The New Trend Of Directors In Company Law In Other Countries, Christopher Chao-Hung Chen, Shuaisheng Huang
Christopher Chao-hung Chen
No abstract provided.
The Construction Of Suitability Obligation Of Financial Institutions When Selling Structured Products: From Comparative Law Perspective, 2012 Singapore Management University
The Construction Of Suitability Obligation Of Financial Institutions When Selling Structured Products: From Comparative Law Perspective, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
The purpose of this article is to examine the suitability rules regarding structured products under Taiwan law from a comparative law perspective. After the global financial crisis, Taiwan has imposed specific suitability obligations on financial institutions when they promote derivatives and structured products. However, the suitability rule is only placed in administrative regulations and its scope is also limited. In addition, Taiwan law does not distinguish different types of relationships between a financial institution and a client. Furthermore, the biggest challenge to the suitability rule is to define the meaning of ‘suitable’. This article argues that the starting point is …
The Boundary Of Futures Regulation: From U.K. And U.S. Judgments Regarding Commodity Forward Contracts, 2012 Singapore Management University
The Boundary Of Futures Regulation: From U.K. And U.S. Judgments Regarding Commodity Forward Contracts, Christopher Chao-Hung Chen
Christopher Chao-hung CHEN
No abstract provided.
Contractual Structure Of Structured Notes And Legal Characterisation Of Non-Discretionary Trust, 2012 Singapore Management University
Contractual Structure Of Structured Notes And Legal Characterisation Of Non-Discretionary Trust, Christopher Chao-Hung Chen
Christopher Chao-hung Chen
This article argues that if a structured product is documented as “notes”, it should be deemed as “securities” under the Securities Exchange Act in Taiwan. It should be regulated issuance, purchase or brokerage activities under securities regulations, if a structured note is issued directly in Taiwan or if a domestic investor authorized a securities broker to have it purchased in a foreign country on his behalf,. In addition, even if one invests in structured notes issued by a foreign company via a non-discretionary trust with a commercial bank, this activity should still constitute sales of foreign securities; and thus it …
Investment Protection Of Wealth Management Business: From The Case Of Ubs Auction-Rate Securities, 2012 Singapore Management University
Investment Protection Of Wealth Management Business: From The Case Of Ubs Auction-Rate Securities, Christopher Chao-Hung Chen, Shuaisheng Huang
Christopher Chao-hung Chen
No abstract provided.
La Transparencia En La Protección De Datos Personales, 2012 ITESM Campus Puebla
La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García
Bruno L. Costantini García
La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)
Celebrando Un Año Más Del Día Internacional Del Trabajo, 2012 UDLAP, BUAP, UPAEP, UVM, ANAHUAC, LIBRE DE DERECHO, IBERO-PUEBLA
Celebrando Un Año Más Del Día Internacional Del Trabajo, Norma E. Pimentel
Norma E Pimentel
No abstract provided.
Camino A La Formación Profesional: "Las Prácticas Profesionales", 2012 Pedro Ruiz Gallo University
Camino A La Formación Profesional: "Las Prácticas Profesionales", Jorge R. Llanos
Jorge Rolando Llanos García
La persona es el centro fundamental de todo proceso formativo; en consecuencia, las modalidades formativas que se desarrollen deben fijarse como meta principal que la persona alcance a comprender su medio social en egneral y su medio de trabajo en particular, a fin de que esté en condiciones de incidir en estos de manera individual y colectiva. Toda persona tiene derecho a acceder en igualdad y sin discriminación alguna a la formación profesional y que su participación en las diversas modalidades formativas aprobadas le permita mejorar su empleabilidad en el mercado laboral.
Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, 2012 Brigham Young University Law School
Searching For A Trademarks Test: The Ninth Circuit’S Query In Network Automation, R. Gregory Israelsen
BYU Law Review
No abstract provided.
Liability For Work Done Where Contract Is Denied: Contractual And Restitutionary Approaches, 2012 Singapore Management University
Liability For Work Done Where Contract Is Denied: Contractual And Restitutionary Approaches, Man Yip, Yihan Goh
Research Collection Yong Pung How School Of Law
This paper explores the divide between the law of contract and the law of restitution in dealing with the different situations that arise from one party commencing work prior to the conclusion of a formal contract. It argues that contract and unjust enrichment each have a proper role to play in dealing with such cases. First, it argues against a purely contractarian view that such cases should be exclusively resolved by the law of contract, through an implied collateral contract. Such a technique, applied vigorously, would result in nullifying the concept of “essential terms” and an artificial construction of parties …
Discussion Leader, Southern District Of Florida Bankruptcy Bar Association Retreat, 2012 Boston College Law School
Discussion Leader, Southern District Of Florida Bankruptcy Bar Association Retreat, Ingrid Hillinger
Ingrid Michelsen Hillinger
Faculty are assigned 15 different problems involving 15 different bankruptcy issues. Each faculty member leads a different group in discussing the 3 problems assigned for the specific 2 hour session.
Cultura De La Legalidad. Participación Ciudada En Transparencia, 2012 UDLAP, BUAP, UPAEP, UVM, ANAHUAC, LIBRE DE DERECHO, IBERO-PUEBLA
Cultura De La Legalidad. Participación Ciudada En Transparencia, Norma E. Pimentel
Norma E Pimentel
No abstract provided.
Were "It" To Happen: Contract Continuity Under Euro Regime Change, 2012 Cornell Law School
Were "It" To Happen: Contract Continuity Under Euro Regime Change, Robert C. Hockett
Cornell Law Faculty Working Papers
One way or another, the European Monetary Union (EMU) is apt to endure. The prospect of continuation under the precise contours of the regime as we presently find it, however, is anything but certain. Hence many investors and other actual or prospective contract parties are likely to remain skittish until matters grow clearer. This skittishness, importantly, can itself hamper the prospect of expeditious European recovery. Addressing particular sources of ongoing uncertainty about EMU prospects can itself therefore aid in the project of recovery.
This Essay accordingly aims to impose structure upon one particular, and indeed particularly complex, source of uncertainty …
Construyendo Cultura De La Legalidad Y Participación Ciudadana, 2012 UDLAP, BUAP, UPAEP, UVM, ANAHUAC, LIBRE DE DERECHO, IBERO-PUEBLA
Construyendo Cultura De La Legalidad Y Participación Ciudadana, Norma E. Pimentel
Norma E Pimentel
No abstract provided.