Banking and Finance Law Commons^™

Executive Compensation And Risk: Tarp Rules For Financial Institutions Trigger Broader Risk Assessment Of Compensation Policies, Michael S. Melbinger

North Carolina Banking Institute

No abstract provided.

The North Carolina Banking Institute Symposium On The Foreclosure Crisis: The Unintended And Unconstitutional Consequences Of The Helping Families Save Their Homes Act, Leila A. Hicks

North Carolina Banking Institute

No abstract provided.

The North Carolina Banking Institute Symposium On The Foreclosure Crisis: The Right To Rent, Another Approach To Combat The Foreclosure Crisis, Daniel J. Behrend

North Carolina Banking Institute

No abstract provided.

Ubs Strikes A Deal: The Recent Impact Of Weakened Bank Secrecy On Swiss Banking, Carolyn B. Lovejoy

North Carolina Banking Institute

No abstract provided.

Free Markets And Government Regulation: The Competing Views Of Thomas Woods And George Cooper, David Shay Corbett Ii

North Carolina Banking Institute

No abstract provided.

Retirement Savings In The Face Of Increasing Longevity: The Advantages Of Deferring Retirement, Chase A. Tweel

North Carolina Banking Institute

No abstract provided.

The North Carolina Banking Institute Symposium On The Foreclosure Crisis: Mortgage Cramdown In Bankruptcy As A Necessary Incentive To Encourage Mortgage Modification, Marjorie B. Maynard

North Carolina Banking Institute

No abstract provided.

Placebo Ethics, Usha Rodrigues, Mike Stegemoller

Scholarly Works

While there are innumerable theories on the best remedy for the current financial crisis, there is agreement on one point, at least: increased transparency is good. We look at a provision from the last round of financial regulation, the Sarbanes Oxley Act of 2002 (SOX), which imposed disclosure requirements tailored to prevent some of the kinds of abuses that led to the downfall of Enron. In response to Enron's self-dealing transactions, Section 406 of SOX required a public company to disclose its code of ethics and to disclose immediately any waivers from that code the company grants to its top …

Evolving Regulation Of Corporate Governance And The Implications For D&O Liability: The United States And Australia, Joan T.A. Gabel, Nancy R. Mansfield, Paul Von Nessen, Austin W. Hall, Andrew Jones

San Diego International Law Journal

This Article compares the modern corporate regulatory environments in the United States and Australia, including an analysis of the climate for Directors & Officers (D & O) liability coverage. Comparing these regulations across two large markets with similar historical bases for assessing director and officer liability allows us to explore which reforms may be more effective as new scandals emerge.

Assessing The Chrysler Bankruptcy, Mark J. Roe, David Skeel

Michigan Law Review

Chrysler entered and exited bankruptcy in forty-two days, making it one of the fastest major industrial bankruptcies in memory. It entered as a company widely thought to be ripe for liquidation if left on its own, obtained massive funding from the United States Treasury, and exited via a pseudo-sale of its main assets to a new government-funded entity. The unevenness of the compensation to prior creditors raised concerns in capital markets, which we evaluate here. We conclude that the Chrysler bankruptcy cannot be understood as complying with good bankruptcy practice, that it resurrected discredited practices long thought interred in the …

Get Stupid: Film And Law Via Wim Wenders And Others, Nathan Moore

Cardozo Law Review

No abstract provided.

Zappers - Retail Vat Fraud, Richard Thompson Ainsworth

Faculty Scholarship

Zappers skim cash sales at retail. Zappers are add-on programs used by merchants with electronic cash registers (ECRs) or point-of-sale (POS) systems. Zappers are smart and selective. They do not skim all sales, and they never skim credit card transactions.

Although they are present in every jurisdiction, Zappers appear to be most widely used in developed economies that combine high levels of cash sales with high rates of consumption tax. Sweden, for example, has a cash-intensive economy, one of the world’s highest VAT rates (25%), and also reports that 70% of the ECRs in the country are either “… constructed …

Bringing To Heel The Elephants In The Economy: The Case For Ending “Too Big To Fail”, Ann Graham

The University of New Hampshire Law Review

[Excerpt] “Financial institutions labeled “Too Big To Fail” (TBTF) are those whose insolvency could shake the foundations of the U.S. financial system and our economy. The term “too big to fail” became part of our popular vocabulary in the wake of federal bank regulatory intervention to prevent the failure of Continental Illinois National Bank in 1984. After the banking and savings-and-loan crisis of the 1980s, the pros and cons of the TBTF policy were extensively debated. Despite Congressional efforts to limit application of TBTF, the doctrine has returned with renewed vigor during the current crisis. Responding on an ad hoc …

The Illegal Actions Of The Federal Reserve: An Analysis Of How The Nation's Central Bank Has Acted Outside The Law In Responding To The Current Financial Crisis, Chad Emerson

William & Mary Business Law Review

No abstract provided.

The Need For A Negligence Standard Of Care For Credit Rating Agencies, Rachel Jones

William & Mary Business Law Review

No abstract provided.

Co2 Mtic Fraud — Technologically Exploiting The Eu Vat (Again), Richard Thompson Ainsworth

Faculty Scholarship

On February 1, 2010 Algirdas Šemeta is expected to be confirmed as the next European commissioner for taxation, customs union, audit and anti-fraud. If his nomination passes a confirmation hearing at the European Parliament he will succeed László Kovács. At the top of Mr. Šemeta’s list of things requiring attention should be MTIC fraud in tradable CO2 permits. Political and fiscal realities make CO2 MTIC fraud a top priority.

CO2 MTIC is a technology-driven fraud that takes advantage of the same weaknesses in the EU VAT that have become well known in the cell phone and computer chip trade. The …

Quebec's Sales Recording Module (Srm): Fighting The Zapper, Phantomware, And Tax Fraud With Technology, Richard Thompson Ainsworth

Faculty Scholarship

No abstract provided.

Toxic Assets: Untangling The Web, Margarita S. Brose, Bill Niclos

Brigham Young University International Law & Management Review

No abstract provided.

Using Fair Return Prices To Assess The Value And Cost Of Financial Guarantees For New Nuclear Power Plants, Bernell K. Stone

Brigham Young University International Law & Management Review

No abstract provided.

The Role Of Corporate Law In Preventing A Financial Crisis: Reflections On In Re Citigroup Inc. Shareholder Derivative Litigation, Franklin A. Gevurtz

Global Business & Development Law Journal

No abstract provided.

The Decline Of Investment Banking: Preliminary Thoughts On The Evolution Of The Industry 1996-2008, Robert J. Rhee

Faculty Scholarship

In this paper, I provide a basic, preliminary financial analysis of several prominent, independent investment banks: Goldman Sachs, Morgan Stanley, Merrill Lynch, Lehman Brothers, and Bear Stearns. I provide the following data: (1) segmentation of net revenue by products and services, (2) return on average equity, (3) leverage ratio, and (4) debt to equity ratio. Although the data analysis here is very basic, it still tells an interesting narrative of the evolution of the investment banking industry. The investment banking industry has undergone significant change in the twelve-year period 1996 to 2008. In the mid-1990s, banks had a balance mix …

Fiduciary Exemption For Public Necessity: Shareholder Profit, Public Good, And The Hobson's Choice During A National Crisis, Robert J. Rhee

Faculty Scholarship

This Article is written as two discrete, independently accessible topical sections. The first topical section, presented in Part I of this Article, is a case study of Bank of America’s acquisition of Merrill Lynch and the impact of a flawed merger execution on the board’s subsequent decisions. The second topical section, presented Parts II-IV of this Article, advances a theoretical basis for fiduciary exemption during a public crisis. The financial crisis of 2008 was the worst economic disaster since the Great Depression. It nearly resulted in a collapse of the global capital markets. A key event in the history of …

Case Study Of The Bank Of America And Merrill Lynch Merger, Robert J. Rhee

Faculty Scholarship

This is a case study of the Bank of America and Merrill Lynch merger. It is based on the article, Fiduciary Exemption for Public Necessity: Shareholder Profit, Public Good, and the Hobson’s Choice during a National Crisis, 17 Geo. Mason L. Rev. 661 (2010). The case study analyzes the controversial events occurring between the merger signing and closing. It reviews in depth the circumstances under the federal government threatened to fire the board and management of Bank of America unless it consummated the Merrill Lynch acquisition. Among other issues, this case study raises the questions: (1) what is the role …

Trusts Versus Corporations: An Empirical Analysis Of Competing Organizational Forms, A. Joseph Warburton

College of Law - Faculty Scholarship

This paper studies the effects of organizational form on managerial behavior and firm performance, from an empirical perspective. Managers of trusts are subject to stricter fiduciary responsibilities than managers of corporations. This paper examines the ramifications empirically, by exploiting data generated by a change in British regulations in the 1990s that allowed mutual funds to organize as either a trust or a corporation. I find evidence that trust law is effective in curtailing opportunistic behavior, as trust managers charge significantly lower fees than their observationally equivalent corporate counterparts. Trust managers also incur lower risk. However, evidence suggests that trust managers …

On Regulating Conflicts Of Interest In The Credit Rating Industry, Lin (Lynn) Bai

Faculty Articles and Other Publications

This paper discusses issues giving rise to conflict of interest concerns in the credit rating industry and examines whether and how those issues are addressed in the current regulation that builds on the guidelines of the Credit Rating Agency Reform Act of 2006, the SEC rules that were initially adopted in 2007 and recently amended in 2009, and the internal code of conducts of rating agencies. The examination leads to a conclusion that conflict of interest at the individual rating analyst level and some concerns of conflict of interest at the agency level have been largely addressed in the current …

The Response To The Financial Meltdown In The U.K., Bruce J.L. Lowe

Global Business Law Review

It is now over two years since the September 15, 2008 bankruptcy filing by Lehman Brothers sent shockwaves through an already tremulous and jittery financial and political world. In the dark days of the ensuing months, in the United States (U.S.), in Britain and Europe, and in many other parts of the world, markets crashed or severely slumped, commercial and investment banks failed, credit froze, trade and commerce slowed dramatically, profits evaporated, businesses tightened belts, and unemployment figures skyrocketed. In most major economic zones, including the U.S. and Europe, governments and central banks, often in consultation with each other over …

What Use Is The Judiciary In A Financial Crisis?, Richard D. Cudahy

Loyola University Chicago Law Journal

No abstract provided.

Central Banks And Central Bank Cooperation In The Global Financial System, Douglas W. Arner, Michael A. Panton, Paul Lejot

Global Business & Development Law Journal

No abstract provided.

The Global Financial Crisis Of 2008-2009 In Context—Reflections On International Legal And Institutional Failings, "Fixes," And Fundamentals, John W. Head

Global Business & Development Law Journal

No abstract provided.

Iss Recommendations And Mutual Fund Voting On Proxy Proposals, James Cotter, Alan Palmiter, Randall Thomas

Villanova Law Review (1956 - )

No abstract provided.