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Articles 1 - 9 of 9
Full-Text Articles in Law
Airline Liability For Loss, Damage, Or Delay Of Passenger Baggage, M. R. Franks
Airline Liability For Loss, Damage, Or Delay Of Passenger Baggage, M. R. Franks
Fordham Journal of Corporate & Financial Law
No abstract provided.
Ethics: Inherent In Islamic Finance Through Shari'a Law; Resisted In American Business Despite Sarbanes-Oxley, Christine Walsh
Ethics: Inherent In Islamic Finance Through Shari'a Law; Resisted In American Business Despite Sarbanes-Oxley, Christine Walsh
Fordham Journal of Corporate & Financial Law
No abstract provided.
Uncovering A Gatekeeper: Why The Sec Should Mandate Disclosure Of Details Concerning Directors' And Officers' Liability Insurance Policies, Sean J. Griffith
Uncovering A Gatekeeper: Why The Sec Should Mandate Disclosure Of Details Concerning Directors' And Officers' Liability Insurance Policies, Sean J. Griffith
Faculty Scholarship
This Article explores the connection between corporate governance and directors’ and officers’ (D&O) insurance. It argues that D&O insurers act as gatekeepers and guarantors of corporate governance, screening and pricing corporate governance risks to maintain the profitability of their risk pools. As a result, in a well-working insurance market, D&O insurance premiums would convey the insurer's assessment of a firm's governance quality. Simply stated, firms with better corporate governance would pay relatively low D&O premiums, while firms with worse corporate governance would pay more. This simple relationship could signal important information to investors and other capital market participants. Unfortunately, the …
A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia
A Tangled Web: Compliance Director Liability Under The Securities Laws, Anthony Pirraglia
Fordham Journal of Corporate & Financial Law
No abstract provided.
Financial Account Aggregation: The Liability Perspective, Ann S. Spiotto
Financial Account Aggregation: The Liability Perspective, Ann S. Spiotto
Fordham Journal of Corporate & Financial Law
No abstract provided.
Leach Keynote Address, James A. Leach
Leach Keynote Address, James A. Leach
Fordham Journal of Corporate & Financial Law
No abstract provided.
Disbursement Of Insurance Money Covering An Insured's Legal Expenses As Incurred, Arthur P. Xanthos
Disbursement Of Insurance Money Covering An Insured's Legal Expenses As Incurred, Arthur P. Xanthos
Fordham Urban Law Journal
In the Southern District of New York, Pepsico, Inc. v. Continental Casualty Co. held that the D & O insurance carrier was obligated to pay the insured's costs as they accrue, subject to reimbursement should adjudication show that there were no grounds for coverage. This Note proposes that the Pepsico rule favoring the insured is the more judicious view regarding interim payments. This Note discusses the differing interpretations of D & O policy defense cost clauses, and then analyzes the Pepsico rule from the standpoints of reasonable expectations, contract interpretation and unconscionability. After comparing D & O insurance with standard …
The Scope Of Liability Under Section 12 Of The Securities Act Of 1933: "Participation" And The Pertinent Legislative Materials, Douglas E. Abrams
The Scope Of Liability Under Section 12 Of The Securities Act Of 1933: "Participation" And The Pertinent Legislative Materials, Douglas E. Abrams
Fordham Urban Law Journal
The Securities Act of 1933 creates two private rights of action. Since 1971, seven circuits have adopted the "participation" theory, imposing section 12 liability not only on the transferor, but also on any person whose participation in the transaction is substantial in causing the transaction to occur. This article traces the development of the participation theory. The author argues that limiting section 12 liability to the transferor would significantly diminish the protections afforded by the act and that the scope of the act should be reexamined by Congress rather than determined by judicial interpretation. Finally, in light of his thesis, …
Mppaa Withdrawal Liability Assessment: Letting The Fox Guard The Henhouse, Daniel A. Etna
Mppaa Withdrawal Liability Assessment: Letting The Fox Guard The Henhouse, Daniel A. Etna
Fordham Urban Law Journal
This student note discusses Congress's attempt to regulate group pension plans, and thus protect employees whose employers withdraw from those plans, through the Multiemployer Pension Plan Amendment Act of 1980. The author traces the history of multi-employer pension programs, including union and corporate plans, Taft-Hartley plans, and ERISA accounts, which were created through 1974 legislation (the Employee Retirement Income Security Act). The author discusses how liability arises under each type of plan when an employer decides to withdraw, juxtaposing the resulting liability with the consequences of voluntary arbitration. The author suggests an alternative, to insure the employer's removal from the …