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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 Jan 2009

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 Jan 2009

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 Jan 2008

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 Jan 2008

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 Jan 2008

In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston

NYLS Law Review

No abstract provided.


Introduction, Richard Marsico Jan 2008

Introduction, Richard Marsico

NYLS Law Review

No abstract provided.


The Community Reinvestment Act At 30: Looking Back And Looking To The Future, John Taylor, Josh Silver Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

First Hudson Capital, Llc V. Seaborn, Kristopher Ferranti

NYLS Law Review

No abstract provided.


Cascade Health Solutions V. Peacehealth, Sara Shouse Jan 2008

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 Jan 2008

Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin

NYLS Law Review

No abstract provided.


In Re Davis, Adam Schlusselberg Jan 2008

In Re Davis, Adam Schlusselberg

NYLS Law Review

No abstract provided.


Cohen V. Jpmorgan Chase & Co., Erin M. Byrnes Jan 2008

Cohen V. Jpmorgan Chase & Co., Erin M. Byrnes

NYLS Law Review

No abstract provided.


Racial Disparities In Subprime Home Mortgage Lending In New York City: Meaning And Implications, Richard Marsico, Jane Yoo Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2008

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 Jan 2007

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 Jan 2007

Sec Enforcement And Examinations Concerning Hedge Funds, Barry W. Rashkover, Laurin Blumenthal Kleiman

NYLS Law Review

No abstract provided.


Foreward, Faith Stevelman Jan 2007

Foreward, Faith Stevelman

NYLS Law Review

No abstract provided.


Sarbanes-Oxley: The Delaware Perspective, Chief Justice Myron T. Steele Jan 2007

Sarbanes-Oxley: The Delaware Perspective, Chief Justice Myron T. Steele

NYLS Law Review

No abstract provided.


A Social Defense Of Sarbanes-Oxley, James Fanto Jan 2007

A Social Defense Of Sarbanes-Oxley, James Fanto

NYLS Law Review

No abstract provided.


From Lapdog To Watchdog: Sarbanes-Oxley Section 307 And A New Role For Corporate Lawyers, Peter C. Kostant Jan 2007

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 Jan 2007

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 Jan 2007

Goldstein V. Sec, Elizabeth A. Veit

NYLS Law Review

No abstract provided.


Going Private At The Intersection Of The Market And The Law, Faith Stevelman Jan 2007

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 Jan 2007

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.