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Articles 61 - 90 of 126
Full-Text Articles in Banking and Finance Law
A Fair Price And A Fair Deal: On The Future Of 'Entire Fairness' In Freezeouts, Faith Stevelman
A Fair Price And A Fair Deal: On The Future Of 'Entire Fairness' In Freezeouts, Faith Stevelman
Articles & Chapters
Controlling shareholders can compel the sale of minorities’ shares in freezeouts, potentially to their financial detriment. To limit controllers’ opportunism and support the value of minorities’ investments, the Delaware supreme court has endorsed strong minority shareholder protections under the rubric of 'Entire Fairness' – the governing standard for cash-out mergers. However, the court of chancery has refused to apply Entire Fairness to tender offer freezeouts, and is advocating unifying freezeout doctrine around a looser, deferential standard of review. The influence of popular and Congressional concern over excess plaintiff lawyers’ fees and discovery costs is likely making itself felt, although the …
An Analysis Of The Implementation And Impact Of The 2004-2005 Amendments To The Community Reinvestment Act Regulations: The Continuting Importance Of The Cra Examination Process, Josh Silver, Richard D. Marsico
An Analysis Of The Implementation And Impact Of The 2004-2005 Amendments To The Community Reinvestment Act Regulations: The Continuting Importance Of The Cra Examination Process, Josh Silver, Richard D. Marsico
Articles & Chapters
In 2004 and 2005, the four federal banking agencies that enforce the Community Reinvestment Act (CRA) amended their CRA regulations. Community groups were concerned that these amendments would have a negative impact on bank CRA performance. In particular, they were concerned that community development lending and investment and the provision of bank branches and other banking services in low- and moderate-income neighborhoods would decline. This article studies the impact of the changes. In summary, the study found that: 1) the CRA examination process has an impact on bank behavior; 2) community development lending and investment by certain lending institutions declined …
The Cra: A Welcome Anomaly In The Foreclosure Crisis, Warren W. Traiger
The Cra: A Welcome Anomaly In The Foreclosure Crisis, Warren W. Traiger
NYLS Law Review
No abstract provided.
The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin
The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin
NYLS Law Review
No abstract provided.
In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston
In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston
NYLS Law Review
No abstract provided.
Introduction, Richard Marsico
The Community Reinvestment Act At 30: Looking Back And Looking To The Future, John Taylor, Josh Silver
The Community Reinvestment Act At 30: Looking Back And Looking To The Future, John Taylor, Josh Silver
NYLS Law Review
No abstract provided.
Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires
Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires
NYLS Law Review
No abstract provided.
An Analysis Of The Implementation And Impact Of The 2004–2005 Amendments To The Community Reinvestment Act Regulations: Th E Continuing Importance Of The Cra Examination Process, Josh Silver, Richard Marsico
An Analysis Of The Implementation And Impact Of The 2004–2005 Amendments To The Community Reinvestment Act Regulations: Th E Continuing Importance Of The Cra Examination Process, Josh Silver, Richard Marsico
NYLS Law Review
No abstract provided.
Critical Mass: Restricting Advocates’ Rights Under The Community Reinvestment Act, Ruth S. Uselton
Critical Mass: Restricting Advocates’ Rights Under The Community Reinvestment Act, Ruth S. Uselton
NYLS Law Review
No abstract provided.
First Hudson Capital, Llc V. Seaborn, Kristopher Ferranti
First Hudson Capital, Llc V. Seaborn, Kristopher Ferranti
NYLS Law Review
No abstract provided.
Cascade Health Solutions V. Peacehealth, Sara Shouse
Cascade Health Solutions V. Peacehealth, Sara Shouse
NYLS Law Review
No abstract provided.
Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin
Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin
NYLS Law Review
No abstract provided.
In Re Davis, Adam Schlusselberg
Cohen V. Jpmorgan Chase & Co., Erin M. Byrnes
Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo
Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo
NYLS Law Review
No abstract provided.
The Tax Treatment Of Cancelled Interest And Penalties On Consumer Debt, Richard C.E. Beck
The Tax Treatment Of Cancelled Interest And Penalties On Consumer Debt, Richard C.E. Beck
NYLS Law Review
No abstract provided.
An Artifact Of Law: U.S. Prohibition Of Retail Hedge Funds, Houman B. Shadab
An Artifact Of Law: U.S. Prohibition Of Retail Hedge Funds, Houman B. Shadab
Articles & Chapters
The U.S. hedge fund market is one of the largest and most sophisticated hedge fund markets in the world, yet due to U.S. securities regulation it is also one of the least accessible. In the U.S., federal securities law requires individuals to be wealthy to qualify to invest in hedge funds. Nonwealthy individuals, or retail investors, are effectively prohibited from purchasing hedge fund securities. Wealth-based qualifications are meant to ensure that those investing in hedge funds possess enough financial sophistication to make informed investment decisions. However, the application of wealth-based qualifications to hedge fund investors is more an artifact of …
Fending For Themselves: Creating A U.S. Hedge Fund Market For Retail Investors, Houman B. Shadab
Fending For Themselves: Creating A U.S. Hedge Fund Market For Retail Investors, Houman B. Shadab
Articles & Chapters
No abstract provided.
Disney Examined; A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman
Disney Examined; A Case Study In Corporate Governance And Ceo Succession, Lawrence Lederman
Articles & Chapters
No abstract provided.
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Risks And Realities Of Mezzanine Loans, Andrew R. Berman
Articles & Chapters
The last decade has witnessed an astounding increase in new real estate financing techniques, including mezzanine loans. These new financings are not directly secured by real estate and do not even directly involve land. In the real estate industry, mezzanine financing typically refers to a loan secured principally by the borrower's equity in other entities. Both economically and legally, the value of the mezzanine borrower's collateral derives solely from its indirect ownership of the underlying property.
This article provides a detailed description of the legal structure of mezzanine loans. In addition, this article evaluates the hazards, legal risks and uncertainties …
Sec Enforcement And Examinations Concerning Hedge Funds, Barry W. Rashkover, Laurin Blumenthal Kleiman
Sec Enforcement And Examinations Concerning Hedge Funds, Barry W. Rashkover, Laurin Blumenthal Kleiman
NYLS Law Review
No abstract provided.
Foreward, Faith Stevelman
Sarbanes-Oxley: The Delaware Perspective, Chief Justice Myron T. Steele
Sarbanes-Oxley: The Delaware Perspective, Chief Justice Myron T. Steele
NYLS Law Review
No abstract provided.
A Social Defense Of Sarbanes-Oxley, James Fanto
From Lapdog To Watchdog: Sarbanes-Oxley Section 307 And A New Role For Corporate Lawyers, Peter C. Kostant
From Lapdog To Watchdog: Sarbanes-Oxley Section 307 And A New Role For Corporate Lawyers, Peter C. Kostant
NYLS Law Review
No abstract provided.
Internal Whistleblowing And Sarbanes-Oxley Section 806: Balancing The Interests Of Employee And Employer, Kevin Rubinstein
Internal Whistleblowing And Sarbanes-Oxley Section 806: Balancing The Interests Of Employee And Employer, Kevin Rubinstein
NYLS Law Review
No abstract provided.
Goldstein V. Sec, Elizabeth A. Veit
Going Private At The Intersection Of The Market And The Law, Faith Stevelman
Going Private At The Intersection Of The Market And The Law, Faith Stevelman
Articles & Chapters
Delaware's fiduciary doctrine governing going private transactions by controlling stockholders is presently in disarray. Controllers generally select between single step cash-out mergers and tender offers followed by short-form mergers to do these freezeouts, and they are subject to very different equitable standards depending on the format selected. Further disarray arises because the courts' longstanding commitment to strict scrutiny in freezeouts is in tension with the popular disfavor towards private class-action litigation. This disarray threatens minority investors' interests in freezeouts, and capital market values more broadly. First, the disparities in freezeout doctrine have encouraged controllers to arbitrage the legal standards for …
The Challenge Of Hedge Fund Regulation, Houman B. Shadab
The Challenge Of Hedge Fund Regulation, Houman B. Shadab
Articles & Chapters
Currently en vogue concerns about hedge funds are not nearly as substantial as is often claimed. Moreover, the funds themselves are reducing their risks to investors and the broader markets, in accordance with investor demands. As hedge funds benefit the broader market by mitigating price downturns, bearing risks that others will not, making securities more liquid, and ferreting out inefficiencies, policymakers should consider whether stricter regulation of hedge funds could do more harm than good.