Law Commons^™

Where Will Deposits In The Us Flee?, William Byrnes

William H. Byrnes

No abstract provided.

Will Non-Us Banks Continue To Do Business With Us Expats?, William Byrnes

William H. Byrnes

No abstract provided.

Fatca’S Impact On Us Banking By Mexican Clientele, William Byrnes

William H. Byrnes

No abstract provided.

Get Ready For The Amendments To Revised Article 9, Ingrid Hillinger, Edwin Smith

Ingrid Michelsen Hillinger

Revised Article 9, effective in 2001, has created problem spots. The 2012 Amendments, effective in July 2013, attempt to solve them. Ed Smith of Bingham McCutchen and I lectured on the amendments.

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

Panelist, International Commercial Transactions: Sales Of Goods And Cross-Border Financing, Ingrid Hillinger

Ingrid Michelsen Hillinger

Professor Hillinger discussed the issues and risks posed by cross-border lending as a panelist at the International Commercial Transactions: Sales of Goods and Cross-Border Financing Conference.

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

Panelist, A Policy Framework For Knowledge-Based Capital, Hugh Ault

Hugh J. Ault

No abstract provided.

Resolving The World’S Commercial Disputes: An Integrated Model For E–Learning And Odr, Ann Woodley

Ann Woodley

No abstract provided.

Akteure Des Internationalen Steuerrechts Und Ihre Handlungsformen, Hugh Ault

Hugh J. Ault

No abstract provided.

Internet Law For The Business Lawyer, Juliet Moringiello

Juliet M Moringiello

No abstract provided.

The Problem With Surrender Under 1325 (Of The Bankruptcy Code), Ingrid Hillinger

Ingrid Michelsen Hillinger

What can courts or debtors' attorneys do when a debtor surrenders collateral in full satisfaction of a lender's secured claim but the lender does not foreclose on it. Also presented on this issue at same conference in Charleston, SC (March 2012) and Portland, OR (August 2011).

Product Due Diligence And The Suitability Of Minibonds: Taking The Benefit Of Hindsight, Christopher Chao-Hung Chen

Christopher Chao-hung Chen

This article focuses on some problems arising from applying the product due diligence requirement of the suitability rule to complex financial products. The article draws several conclusions. First, the ‘not unsuitable’ test should be adopted to reduce legal uncertainty. Second, the comparative risk approach is a better choice in assessing the suitability of investment products. However, there must be further elaboration of the classification of product risk. Third, there must be a balance between risk and return to avoid risk mismatches in product design. Fourth, what have been termed minibonds raise the problem of documentation suitability. Though it is difficult …

What To Do About Surrender, Ingrid Hillinger

Ingrid Michelsen Hillinger

Judge Michael Deasy and I led a "fireside chat" about the problems with a debtor's attempt to surrender collateral that the secured lender refuses to accept or to foreclose on

Ponzi Schemes And Preference Law, Ingrid Hillinger

Ingrid Michelsen Hillinger

Why application of preference law fails to achieve bankruptcy's "equality is equity" goal.

International Business Transactions: A Problem-Oriented Coursebook. 11th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine

Michael P. Van Alstine

The 11th edition of this popular problem-oriented coursebook introduces law students to the conduct of business in the world community. Problems on international contracting, financing, trade regulation, licensing and technology transfers, foreign investment, and international business dispute resolution are presented. The book provides a current, in-depth examination of issues that clients are likely to face, such as defending against import competition; expanding exports and overseas markets; and dealing with NAFTA, the WTO, and other trade agreements. The coursebook is designed to survey a wide range of laws involving trade, licensing, and investment, and explore how issues and problems are addressed …

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 …

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, Christopher Chao-Hung Chen, Shuaisheng Huang

Christopher Chao-hung Chen

No abstract provided.

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, Christopher Chao-Hung Chen, Shuaisheng Huang

Christopher Chao-hung Chen

No abstract provided.

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.

Is The Code Exploding Or Imploding?, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Conference Organizer, Valuation In Bankruptcy, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

The Attorney-Client Privilege In Bankruptcy: It's Not Looking Good, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

The Eleventh Circuit Sinks Whiting Pools: In Re Lewis, Ingrid Hillinger

Ingrid Michelsen Hillinger

No abstract provided.

Scenes From A Restaurant: The Challenge Of Being Manager And Friend, Kent Kauffman

Kent D Kauffman

This decision-based critical incident involves the dilemma faced by a college student who is made the manager of a restaurant, placing her above her two close friends who also work in the restaurant. The three women not only work together, but they go to college together. Two of three friends are assistant managers for a short time, but when one is demoted and the other is promoted, the change in the professional relationship threaten the personal dynamics. Things come to a boil, as it were, when the newly minted manager delegates responsibility for the restaurant’s inventory to the restaurant’s non-managerial …

Intellectual Property And Private International Law – Swedish Perspectives, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Throw The Book At Them: Testing Mortgagor Remedies In Foreclosure Proceedings After U.S. Bank V. Ibanez, Claire Ward

Claire Alexis Ward

This article takes one state, Massachusetts, as its focus for a perspective on the residential mortgage foreclosure crisis. U.S. Bank v. Ibanez, in early 2011, signaled a changing tide which began to hold banks accountable for the shoddy practices they frequently used to foreclose. However, the promise of Ibanez was unfulfilled as successor cases failed to follow through with its vision. Mortgagor actions brought in the trial courts to prevent foreclosure have been unsuccessful with the elemental actions based in consumer protection, contract, and equity. However, this article proposes new and novel solutions to force banks to be held accountable …

Us-Amerikanisches Handels- Und Wirtschaftsrecht, 2d Edition, Michael Van Alstine, Siegfried Elsing

Michael P. Van Alstine

No abstract provided.