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Articles 3121 - 3150 of 7277
Full-Text Articles in Banking and Finance Law
Big Macs: Not-So-Happy Deals And The Eurozone Crisis, Lindsay Edelstein
Big Macs: Not-So-Happy Deals And The Eurozone Crisis, Lindsay Edelstein
Cardozo Journal of International and Comparative Law
The note examines the challenges of invoking Material Adverse Change (MAC) clauses in mergers and acquisitions, particularly during economic crises like the Eurozone Crisis. It argues that the strict standard applied by U.S. courts makes it difficult for buyers to prove a MAC, rendering such clauses ineffective. The analysis suggests that MAC disputes are better resolved through arbitration by financial experts rather than courts.
Save Now, Win Later: Removing Statutory Barriers To Prize-Linked Savings Initiatives, Ann E. Watford
Save Now, Win Later: Removing Statutory Barriers To Prize-Linked Savings Initiatives, Ann E. Watford
Vanderbilt Law Review
In February of 2010, Billie June Smith received exciting news. As the lucky winner of a statewide drawing, this elderly woman was awarded a giant check for $100,000. Billie June's good fortune cost her nothing, for she did not spend any money on the winning ticket. Instead, she became eligible for the grand prize when she decided to save for her retirement at her local credit union. Billie June was the inaugural grand-prize winner of "Save to Win," an innovative pilot program that launched in 2009 to test a concept known as prize-linked savings. In partnership with the nonprofit Doorways …
Evaluating The Impact Of The Home Affordable Modification Program In Response To The Foreclosure Crisis: Why Real Estate Securitization Demands A New Approach, John Kinney
University of the District of Columbia Law Review
This case presents an unfortunate, but all too common set of circumstances in the world today. Plaintiff is a homeowner in financial distress who seeks a loan modification from an unresponsive bank relying on an ineffectual federal program. This statement, by Magistrate Lois Bloom in Rivera v. Bank of America, best captures the utter frustration felt by financially distressed homeowners and sympathetic judges regarding the government's failed efforts to stem the foreclosure crisis. Heard countless times in thousands of courtrooms across the country in the aftermath of the 2008 global financial meltdown, Magistrate Bloom expressed what seemed deliberate efforts by …
Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton
Financial Innovation In East Asia, Ross P. Buckley, Douglas W. Arner, Michael Panton
Seattle University Law Review
Finance is important for development. However, the Asian financial crisis of 1997–1998 and the global financial crisis of 2008 highlighted the serious risks associated with financial liberalization and excessive innovation. East Asia’s strong focus on economic growth has necessitated a careful balancing of the benefits of financial liberalization and innovation against the very real risks inherent in financial sector development. This Article examines the role of regulatory, legal, and institutional infrastructure in supporting both financial development and limiting the risk of financial crises. The Article then addresses a series of issues with particular developmental significance in the region: trade finance, …
Evaluating The Performance And Accountability Of Regulators, Colin Scott
Evaluating The Performance And Accountability Of Regulators, Colin Scott
Seattle University Law Review
The global financial crisis came in the wake of significant reforms to the structures, processes, powers, and rules of the regulatory regimes for financial markets in many of the countries adversely affected by the crash. The global financial crisis came in the wake of significant reforms to the structures, processes, powers, and rules of the regulatory regimes for financial markets in many of the countries adversely affected by the crash. In this Article, I follow the logic of an argument that regulation necessarily has political dimensions, even where it may appear technical. I am asking questions about how we might …
The Timing And Source Of Regulation, Frank Partnoy
The Timing And Source Of Regulation, Frank Partnoy
Seattle University Law Review
The distinction between specific concrete rules and general abstract principles has engaged legal theorists for decades. This rules–principles distinction has also become increasingly important in corporate and securities law, as well as financial market regulation. This Article adds two important variables to the rules–principles debate: timing and source. Although these two variables are relevant to legal theory generally, the specific goal here is not to address and engage the rules versus principles literature directly. Rather, the goal here is to ask whether the debate about financial market regulation might benefit from a more transparent analysis of temporal and legal source …
Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon
Deferred Prosecutions In The Corporate Sector: Lessons From Libor, Justin O'Brien, Olivia Dixon
Seattle University Law Review
Since 2008, the global economic downturn has significantly in-creased operating pressures on major corporations. Additionally, there has been a corresponding increase in corporate tolerance for corruption, which has coincided with a marked preference by regulators in settling, rather than litigating, enforcement actions. This Article argues that the expansion of prosecutorial authority without appropriate accountability restraints is a major tactical and strategic error. It evaluates whether the mechanism can be made subject to effective oversight. It argues that the current frame-work in the United States is highly problematic, leading to settlements that generate newspaper headlines but not necessarily cultural change. It …
Is The Independent Director Model Broken?, Roberta S. Karmel
Is The Independent Director Model Broken?, Roberta S. Karmel
Seattle University Law Review
At common law, an interested director was barred from participating in corporate decisions in which he had an interest, and therefore “dis-interested” directors became desirable. This concept of the disinterested director developed into the model of an “independent director” and was advocated by the Securities and Exchange Commission and court decisions as a general ideal in a variety of situations. This Article explores doubts regarding the model of an “independent director” and suggests that director expertise may be more important that director independence. The Article then discusses shareholder primacy and sets forth alternatives to the shareholder primacy theory of the …
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Enhancing The Transparency Dialogue In The “Santiago Principles” For Sovereign Wealth Funds, Adam D. Dixon
Seattle University Law Review
The financial crisis ultimately caused Western governments to welcome sovereign wealth fund (SWF) investment as a way to put a floor under collapsing markets and to provide a set of voluntary principles that would underwrite SWFs’ claim to legitimacy in the international community. In the autumn of 2007, then U.S. Treasury Secretary Henry Paulson, in conjunction with the International Monetary Fund, convened the International Working Group of SWFs (IWG) to draft a set of generally accepted principles and practices. These principles are referred to as the “Santiago Principles.” The implicit objective of these twenty-four voluntary principles is to promote greater …
Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien
Culture Wars: Rate Manipulation, Institutional Corruption, And The Lost Normative Foundations Of Market Conduct Regulation, Justin O'Brien
Seattle University Law Review
The global investigations into the manipulation of the London Interbank Offered Rate (Libor) have raised significant questions about how conflicts of interest are managed for regulated entities contributing to benchmarks. An alternative framework, which brings the management of the rate process under direct regulatory supervision, is under consideration, coordinated by the International Organization of Securities Commissions taskforce. The articulation of global principles builds on a review commissioned by the British government that suggests rates calculated by submission can be reformed. This paper argues that this approach is predestined to fail, precisely because it ignores the lessons of history. In revisiting …
Australia’S Experience With Foreign Direct Investment By State Controlled Entities: A Move Towards Xenophobia Or Greater Openness?, Greg Golding
Seattle University Law Review
Over the last few years, there has been considerable debate in Australia as to the appropriate regulation of foreign direct investment by entities affiliated with foreign governments. During that time, Australia has been a significant beneficiary of investment by sovereign wealth funds from many foreign jurisdictions, particularly by Chinese state owned enterprises. The Australian government, similar to governments of many developed Western countries, has struggled to properly calibrate its policy settings for regulating this type of investment activity. This Article considers the Australian regulatory regime and assesses Australia’s experience in regulating those investment flows during this period.
Money Spending Or Money Laundering: The Fine Line Between Legal And Illegal Financial Transactions, Matthew R. Auten
Money Spending Or Money Laundering: The Fine Line Between Legal And Illegal Financial Transactions, Matthew R. Auten
Pace Law Review
In this Article, I will examine the history of legislative efforts to combat money laundering in the United States, including the intent and purpose of the Money Laundering Control Act 1986.13 I will then analyze how courts have addressed the challenge of characterizing dual-purpose transactions by developing factors whose presence may show that a transaction was entered into with an intent to conceal. In addition to providing an analysis of several cases where courts grappled with the challenges of characterizing dual-purpose transactions, I will also examine the development of a “heightened” evidentiary standard that is often applied to scrutinize whether …
The Alternative Investment Fund Managers Directive: The European Union Gives Private Equity Fund Managers The Social Market Economy Treatment, Tom C. Hodge
North Carolina Banking Institute
No abstract provided.
The Student Debt Crisis: A Synthesized Solution For The Next Potential Bubble, Jessica L. Gregory
The Student Debt Crisis: A Synthesized Solution For The Next Potential Bubble, Jessica L. Gregory
North Carolina Banking Institute
No abstract provided.
Banking On Bitcoin: Applying Anti-Money Laundering And Money Transmitter Laws, Kelsey L. Penrose
Banking On Bitcoin: Applying Anti-Money Laundering And Money Transmitter Laws, Kelsey L. Penrose
North Carolina Banking Institute
No abstract provided.
The Consequences Of Expiring Commercial Shared-Loss Agreements, Robert C. Martin
The Consequences Of Expiring Commercial Shared-Loss Agreements, Robert C. Martin
North Carolina Banking Institute
No abstract provided.
Easing The Burden On Mobile Payments: Resolving Current Deficiencies In Money Transmitter Regulation, M. Macrae Robinson
Easing The Burden On Mobile Payments: Resolving Current Deficiencies In Money Transmitter Regulation, M. Macrae Robinson
North Carolina Banking Institute
No abstract provided.
A Spotlight On Shadow Banking: The Cfpb Finalizes Procedures To Supervise Risky Nonbanks, Dylan J. Castellino
A Spotlight On Shadow Banking: The Cfpb Finalizes Procedures To Supervise Risky Nonbanks, Dylan J. Castellino
North Carolina Banking Institute
No abstract provided.
Deferred Prosecution Agreements: Too Big To Jail And The Potential Of Judicial Oversight Combined With Congressional Legislation, Ellis W. Martin
Deferred Prosecution Agreements: Too Big To Jail And The Potential Of Judicial Oversight Combined With Congressional Legislation, Ellis W. Martin
North Carolina Banking Institute
No abstract provided.
The Scored Society: Due Process For Automated Predictions, Danielle Keats Citron, Frank Pasquale
The Scored Society: Due Process For Automated Predictions, Danielle Keats Citron, Frank Pasquale
Washington Law Review
Big Data is increasingly mined to rank and rate individuals. Predictive algorithms assess whether we are good credit risks, desirable employees, reliable tenants, valuable customers—or deadbeats, shirkers, menaces, and “wastes of time.” Crucial opportunities are on the line, including the ability to obtain loans, work, housing, and insurance. Though automated scoring is pervasive and consequential, it is also opaque and lacking oversight. In one area where regulation does prevail—credit—the law focuses on credit history, not the derivation of scores from data. Procedural regularity is essential for those stigmatized by “artificially intelligent” scoring systems. The American due process tradition should inform …
An Overview Of The Fannie And Freddie Conservatorship Litigation, David J. Reiss
An Overview Of The Fannie And Freddie Conservatorship Litigation, David J. Reiss
Faculty Scholarship
No abstract provided.
Effective Compliance Risk Management In A Rapidly Changing Regulatory Environment: A Conversation From The Clearinghouse Annual Conference, Lissa L. Broome, Richard Neiman, Sally Belshaw, Tim Clark
Effective Compliance Risk Management In A Rapidly Changing Regulatory Environment: A Conversation From The Clearinghouse Annual Conference, Lissa L. Broome, Richard Neiman, Sally Belshaw, Tim Clark
North Carolina Banking Institute
No abstract provided.
Falling On Deaf Ears: The Fsoc's Evidentiary Hearings Provides Little Opportunity To Challenge A Nonbank Sifi Designation, William M. Butler
Falling On Deaf Ears: The Fsoc's Evidentiary Hearings Provides Little Opportunity To Challenge A Nonbank Sifi Designation, William M. Butler
North Carolina Banking Institute
No abstract provided.
The Exception That Ate The Rule: Why Qrm Should Not Equal Qm, Jeffrey R. Favitta
The Exception That Ate The Rule: Why Qrm Should Not Equal Qm, Jeffrey R. Favitta
North Carolina Banking Institute
No abstract provided.
Proffering The Right Evidence: Proving Loss Causation And Damages Under Sec Rule 10b-5, S. Austin King
Proffering The Right Evidence: Proving Loss Causation And Damages Under Sec Rule 10b-5, S. Austin King
North Carolina Banking Institute
No abstract provided.
Foreword, Sarah A. Core, Lissa L. Broome
Foreword, Sarah A. Core, Lissa L. Broome
North Carolina Banking Institute
No abstract provided.
The Durbin Amendment's Interchange Fee And Network Non-Exclusivity Provisions: Did The Federal Reserve Board Overstep Its Boundaries, Kathleen A. Mcconnell
The Durbin Amendment's Interchange Fee And Network Non-Exclusivity Provisions: Did The Federal Reserve Board Overstep Its Boundaries, Kathleen A. Mcconnell
North Carolina Banking Institute
No abstract provided.
The Cfpb Indirectly Regulated Lending Through Auto Dealers, Kim B. Perez
The Cfpb Indirectly Regulated Lending Through Auto Dealers, Kim B. Perez
North Carolina Banking Institute
No abstract provided.
Small Business Real Estate Financing: Why Small Businesses And Banks Should Utilize Sba 504 Loans, Graham S. Miller
Small Business Real Estate Financing: Why Small Businesses And Banks Should Utilize Sba 504 Loans, Graham S. Miller
North Carolina Banking Institute
No abstract provided.
Missed (Inter)Connections: Proposed Revisions To The Federal Reserve's Approach To Financial Stability Analysis Under The Bank Holding Company Act, Christopher S. Dwight
Missed (Inter)Connections: Proposed Revisions To The Federal Reserve's Approach To Financial Stability Analysis Under The Bank Holding Company Act, Christopher S. Dwight
North Carolina Banking Institute
No abstract provided.