Banking and Finance Law Commons^™

"Go Pick A Client" - And Other Tales Of Woe Resulting From The Selection Of Class Counsel By Court-Ordered Competitive Bidding, Fred B. Burnside

Fordham Journal of Corporate & Financial Law

No abstract provided.

Piercing The Corporate Veil Of A New York Not-For-Profit Corporation, Matthew D. Caudill

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Executive Protection: Freezing The Financial Assets Of Alleged Terrorists, The Constitution, And Foreign Participation In U.S. Financial Markets, R. Colgate Selden

Fordham Journal of Corporate & Financial Law

No abstract provided.

Financial Account Aggregation: The Liability Perspective, Ann S. Spiotto

Fordham Journal of Corporate & Financial Law

No abstract provided.

Proposals For Insider Trading Regulation After The Fall Of The House Of Enron, James P. Jalil

Fordham Journal of Corporate & Financial Law

No abstract provided.

The New Mandate Of The Corporate Lawyer After The Fall Of Enron And The Enactment Of The Sarbanes-Oxley Act, Christina R. Salem

Fordham Journal of Corporate & Financial Law

No abstract provided.

International Insolvency And Environmental Obligations: A Preclude To Resolving The Conflicting Policies Of A Clean Slate Versus A Clean Site In Transnational Bankruptcies, David Neiman

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Misappropriation Theory Of Insider Trading In The Supreme Court: A (Brief) Response To The (Many) Critics Of United States V. O'Hagan, Randall W. Quinn

Fordham Journal of Corporate & Financial Law

No abstract provided.

If Multidisciplinary Parternships Are Introduced Into The United States, What Could Or Should Be The Role Of General Counsel?, Michele D. Beardslee

Fordham Journal of Corporate & Financial Law

No abstract provided.

Bag Wars And Bank Wars, The Gucci And Banque National De Paris Hostile Bids: European Culture Responds To Active Shareholders, Ernesto Hernández-López

Fordham Journal of Corporate & Financial Law

No abstract provided.

In Employers We Trust The Federal Right Of Contribution Under Internal Revenue Code Section 6672, Kenneth Ryesky

Fordham Journal of Corporate & Financial Law

No abstract provided.

Disclosure Of The Irrelevant? –Impact Of The Sec’S Final Proxy Voting Disclosure Rules, Brian D. Stewart

Fordham Journal of Corporate & Financial Law

No abstract provided.

From Behind The Corporate Veil: The Outing Of Wall Street's Investment Banking Scandals - Why Recent Regulations May Not Mean The Dawn Of A New Day, Gina N. Scianni

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Irony Of International Letters Of Credit: They Aren’T Secure, But They (Usually) Work, Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.

Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang

Fordham Journal of Corporate & Financial Law

No abstract provided.

International Money Laundering Abatement And Anti-Terrorist Financing Act Of 2001: Congress Wears A Blindfold While Giving Money Laundering Legislation A Facelift, George A. Lyden

Fordham Journal of Corporate & Financial Law

No abstract provided.

Information Privacy And Internet Company Insolvencies: When A Business Fails, Does Divesture Or Bankruptcy Better Protect The Consumer?, Farah Z. Usmani

Fordham Journal of Corporate & Financial Law

No abstract provided.

The A.A. Sommer, Jr. Annual Lecture On Corporate Securities & Financial Law: Post-Enron America: An Sec Perspective, Harvey Goldschmid, William Treanor, John F.X. Peloso, Jill Fisch

Fordham Journal of Corporate & Financial Law

No abstract provided.

An Analysis Of The Section 3(A)(10) Exemption Under The Securities Act Of 1933 In The Context Of The Public Offering Component Of Section 3(C)(1) Of The Investment Company Act Of 1940, Marc F. Holzapfel

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Future Of Codetermination After Centros: Will German Corporate Law Move Closer To The U.S. Model?, Jens C. Dammann

Fordham Journal of Corporate & Financial Law

No abstract provided.

Gifts Of Family Llc Units In A Post-Hackl Era: Present Interests Or Future Interests?, Thomas S. Flickinger

Fordham Journal of Corporate & Financial Law

No abstract provided.

To Shred Or Not To Shred: Document Retention Policies And Federal Obstruction Of Justice Statutes, Christopher R. Chase

Fordham Journal of Corporate & Financial Law

No abstract provided.

Understanding Venture Capital Structure: A Tax Explanation For Convertible Preferred Stock, Ronald J. Gilson, David M. Schizer

Faculty Scholarship

The capital structures of venture capital-backed U.S. companies share a remarkable commonality: overwhelmingly, venture capitalists make their investments through convertible preferred stock. Not surprisingly, much of the academic literature on venture capital has sought to explain this peculiar pattern. Financial economists have developed models showing, for example, that convertible securities efficiently allocate control between the investor and entrepreneur,signal the entrepreneur's talent and motivation, and align the incentives of entrepreneurs and venture capitalists.

In this Article, we examine the influence of a more mundane factor on venture capital structure: tax law. Portfolio companies issue convertible preferred stock to achieve more favorable …

The Impact Of Opt-In Privacy Rules On Retail Credit Markets: A Case Study Of Mbna, Fred H. Cate, Michael Staten

Articles by Maurer Faculty

U.S. privacy laws are increasingly moving from a presumption that consumers must object to ("opt out" of) uses of personal data they wish to prohibit to a requirement that they must explicitly consent ("opt in") to uses they wish to permit. Despite the growing reliance on opt-in rules, there has been little empirical research on their costs. This Article examines the impact of opt-in on MBNA Corporation, a diversified, multinational financial institution. The authors demonstrate that opt-in would raise account acquisition costs and lower profits, reduce the supply of credit and raise credit card prices, generate more offers to uninterested …

The Control Over The De-Identification Of Data, Benjamin Charkow

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Bringing Out The Big Guns: The Usa Patriot Act, Money Laundering, And The War On Terrorism, Eric J. Gouvin

Faculty Scholarship

This Article addresses the question of whether the money laundering provisions in the Patriot Act will be effective tools in the effort to intercept terrorist financing to prevent future attacks like those suffered on September 11, 2001, or whether the legislation is instead the modern equivalent of a big noisy anti-aircraft gun -- psychologically useful for showing that something is being done, but not very effective in actually doing the task. This Article concludes that the Act's money laundering provisions will not be effective in intercepting terrorist financing. It reaches that conclusion after examining the current state of United States …

Accountants Make Miserable Policemen: Rethinking The Federal Securities Laws, Jerry W. Markham

Faculty Publications

This Article describes the background of the federal securities laws and the assumptions about full disclosure that where made to justify the intrusive legislation. It also considers the problems encountered by the SEC in the nearly seven decades that have passed since the Stock Market Crash of 1929 and then reviews the market meltdown over the last three years and describes how full disclosure regulation failed. Finally, the author focuses on a principal flaw in the system – the misguided effort to turn accountants into policeman.

Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley

Richmond Journal of Global Law & Business

On July 30, 2002, in an effort to demonstrate to the American public a resolve to crack down on corporate scandals such as Enron, Adelphia, WorldCom, and Global Crossing, President Bush signed into law the “Sarbanes-Oxley Act of 2002”. Proclaiming that the new law will restore investor confidence, reform the oversight of public accounting and increase the transparency of corporate financial statements…

Strengthening Available Evidence-Gathering Tools In The Fight Against Internatoinal Money Laundering, W. Clifton Holmes

Northwestern Journal of International Law & Business

Congress responded rapidly to the terror attacks, passing the U.S.A. Patriot Act ("Patriot Act") in October 2001. In addition to providing the death penalty for the "attempted wrecking of a mass transportation vehicle," the Patriot Act contains several anti-money laundering provisions. This article will argue that the Patriot Act's anti-money laundering scope was excessively narrow in that the Act did not address existing inadequacies under federal law in the area of grand jury investigations of transnational money laundering offenses. In order to enhance the efficacy of such investigations, Congress should take three steps: first, Congress should confer to federal courts …

Using The World Bank Inspection Panel To Defend The Interests Of Project-Affected People, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.