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Articles 1 - 7 of 7
Full-Text Articles in Law
The Sec’S Spac Solution, Karen Woody, Lidia Kurganova
The Sec’S Spac Solution, Karen Woody, Lidia Kurganova
Emory Law Journal Online
The SPAC craze has ebbed and flowed over the past few years, creating fortunes and ruining others. The SEC stepped into the mix in 2022 and proposed rules governing SPACs. The proposed rules artfully balance the interests of investor protection while retaining some of the featured characteristics of SPACs as innovative ways to take companies public. This Article details the history of SPACs, including their benefits and risks, and analyzes the SEC’s proposed rules, arguing that the SEC is well within its Congressional authority to regulate SPACs, and that the proposed rules are both well-tailored and necessary.
Offshore Entanglements, Martin W. Sybblis
Offshore Entanglements, Martin W. Sybblis
Faculty Articles
For decades, scholars have struggled to determine how to deploy laws and legal institutions to spur economic prosperity. But, without knowing which legal rules and institutions to prioritize for a particular social context, the outcomes have been generally unsatisfactory. The case of offshore financial centers provides fresh and compelling new insights into this puzzle. This Article uses the sociological concept of community economic identity (“CEI”) to understand why some offshore financial centers prioritize investments in legal institutions that bolster their offshore finance enterprises while others do not. CEI refers to a community’s shared identity that is linked to a specific …
Consumer Uncertainty In Trademark Law: An Experimental Investigation, Barton Beebe, Roy Germano, Christopher Jon Sprigman, Joel H. Steckel
Consumer Uncertainty In Trademark Law: An Experimental Investigation, Barton Beebe, Roy Germano, Christopher Jon Sprigman, Joel H. Steckel
Emory Law Journal
Nearly every important issue in trademark litigation turns on the question of what consumers in the marketplace believe to be true. To address this question, litigants frequently present consumer survey evidence, which can play a decisive role in driving the outcomes of trademark disputes. But trademark survey evidence has often proven to be highly controversial, not least because it has sometimes been perceived as open to expert manipulation. In this Article, we identify and present empirical evidence of a fundamental problem with trademark survey evidence: while the leading survey formats in trademark law test for whether consumers hold a particular …
Constraining Corporate Law Principles In Affiliate World, Anita K. Krug
Constraining Corporate Law Principles In Affiliate World, Anita K. Krug
Emory Law Journal
No abstract provided.
Saving Spacs From The Sec’S Potentially Ruinous Overreach, Carson S. Clear
Saving Spacs From The Sec’S Potentially Ruinous Overreach, Carson S. Clear
Emory Law Journal
The resurgence of Special Purpose Acquisition Companies (“SPACs”) in the U.S. securities market has demonstrated potential as an alternative to the traditional initial public offering (“IPO”). However, the evolution of SPACs from their fraudulent “blank check” ancestors has left the Securities and Exchange Commission (“SEC”) weary of SPACs’ continued presence in the market. Currently, SPACs exist as an exception to Rule 419 and the Penny Stock Reform Act of 1990, thereby allowing them to escape the rigorous disclosure requirements that not only eradicated their ancestors, but also significantly burdened the timeline of the traditional IPO process. While many consider SPACs …
Consumer Bankruptcy In The Neoliberal State, Michael D. Sousa
Consumer Bankruptcy In The Neoliberal State, Michael D. Sousa
Emory Bankruptcy Developments Journal
The rise of financialized capitalism as a component of the neoliberal state has resulted in our debt-based economy, under which utilizing credit—and incurring significant debt—is a necessary strategy for individuals and families to avoid economic marginality and to maintain some semblance of financial security in an evaporated welfare state. The current capitalist logic of differential accumulation and financial expropriation has created perpetually indebted citizens for whom debt needs to be understood as a social power and as a class relation of domination and exploitation between creditors and debtors. Many consumers who experience unmanageable debt often turn to the bankruptcy process …
Alliance Politics In Corporate Debt Restructurings, Diane Lourdes Dick
Alliance Politics In Corporate Debt Restructurings, Diane Lourdes Dick
Emory Bankruptcy Developments Journal
Alliance politics have always been a complicating factor in corporate restructurings. Negotiations between and among large groups of corporate stakeholders naturally require that parties expend time and resources on building coalitions, overcoming holdouts, and fleshing out their collective action. But recent trends suggest that alliance politics—rather than sound financial and economic decisions—may be driving restructuring outcomes, introducing new risks and inefficiencies in the financial markets. For instance, restructuring proponents increasingly use wedge strategies and divide-and-conquer tactics to exacerbate the coordination problems that lenders in large syndicates already face, giving rise to hostile restructurings that have the potential to introduce dangerous …