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Articles 481 - 510 of 5426
Full-Text Articles in Securities Law
Antitrust, Labor Markets, And Issue-Spotting Dei Initiatives, Francesca Pisano
Antitrust, Labor Markets, And Issue-Spotting Dei Initiatives, Francesca Pisano
Emory Business Law Review
No abstract provided.
When Can An Agreement On Environmental Policies Comply With U.S. Antitrust Laws?, Nathan Mendelsohn
When Can An Agreement On Environmental Policies Comply With U.S. Antitrust Laws?, Nathan Mendelsohn
Emory Business Law Review
No abstract provided.
Federal Enforcers Signal Heightened Scrutiny Of Algorithm Use To Inform Pricing Decisions, Lohr A. Beck, Carley H. Thompson
Federal Enforcers Signal Heightened Scrutiny Of Algorithm Use To Inform Pricing Decisions, Lohr A. Beck, Carley H. Thompson
Emory Business Law Review
No abstract provided.
Pricing Corporate Governance, Albert Choi
Pricing Corporate Governance, Albert Choi
Articles
Scholars and practitioners have long theorized that by penalizing firms with unattractive governance features, the stock market incentivizes firms to adopt the optimal governance structure at their initial public offerings (IPOs). This theory, however, does not seem to match with practice. Not only do many IPO firms offer putatively suboptimal governance arrangements, such as staggered boards and dual-class structures, but these arrangements have been gaining popularity among IPO firms. This Article argues that the IPO market is unlikely to provide the necessary discipline to incentivize companies to adopt the optimal governance package. In particular, when the optimal governance package differs …
Drowning Unicorns: The Case Against More Disclosure In Private Markets, Matthew Whang
Drowning Unicorns: The Case Against More Disclosure In Private Markets, Matthew Whang
Brooklyn Journal of Corporate, Financial & Commercial Law
This Note traces the economic and legal factors that led to the proliferation of unicorn companies—private, venture-backed startups valued over one billion dollars—over the past decade and argues that unicorn companies should be subject to fewer security disclosures. A lighter disclosure regime fosters greater private-market illiquidity, which, in turn, better aligns an investor’s profit motive with prudential corporate management. Because they cannot flee at the first sign of trouble, shareholders are incentivized to play a more active role in overseeing management and eschew risky decisions that threaten the well-being of a company to avoid losing their investments. Given the dynamic …
Whom Is Corporate Esg Integration For?, Ryan Brennan
Whom Is Corporate Esg Integration For?, Ryan Brennan
Brooklyn Journal of International Law
Notions of corporate social responsibility (CSR) and more recently, environmental, social, and governance (ESG) have found their way into the boardrooms of the world’s largest corporations. The prominence of this trend has revived the timeless debate over the true function of for-profit business. Traditional theory calls for a corporation to maximize shareholder’s profits—a view known as “shareholder primacy.” A competing contemporary school of thought finds that corporate purpose naturally extends beyond generating return on the investment of a given shareholder to reflect social objectives and the many dependent constituents of a business. As it stands, US corporate law tracks the …
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
After Ftx: Can The Original Bitcoin Use Case Be Saved?, Mark Burge
Faculty Scholarship
Bitcoin and the other cryptocurrencies spawned by the innovation of blockchain programming have exploded in prominence, both in gains of massive market value and in dramatic market losses, the latter most notably seen in connection with the failure of the FTX cryptocurrency exchange in November 2022. After years of investment and speculation, however, something crucial has faded: the original use case for Bitcoin as a system of payment. Can cryptocurrency-as-a-payment-system be saved, or are day traders and speculators the actual cryptocurrency future? This article suggests that cryptocurrency has been hobbled by a lack of foundational commercial and consumer-protection law that …
What Twenty-First-Century Free Speech Law Means For Securities Regulation, Helen Norton
What Twenty-First-Century Free Speech Law Means For Securities Regulation, Helen Norton
Notre Dame Law Review
Securities law has long regulated securities-related speech—and until recently, it did so with little, if any, First Amendment controversy. Yet the antiregulatory turn in the Supreme Court’s twenty-first-century Free Speech Clause doctrine has inspired corporate speakers’ increasingly successful efforts to resist regulation in a variety of settings, settings that now include securities law. This doctrinal turn empowers courts, if they so choose, to dismantle the securities regulation framework in place since the Great Depression. At stake are not only recent governmental proposals to require companies to disclose accurate information about their vulnerabilities to climate change and other emerging risks, but …
Fireside Chat | Luke Charleston ’08 In Complex Financings And Transactions, Ronald H. Filler Institute For Financial Services Law
Fireside Chat | Luke Charleston ’08 In Complex Financings And Transactions, Ronald H. Filler Institute For Financial Services Law
Ronald H. Filler Institute for Financial Services Law
October 26, 2023
Lunch Talk | Matthew Sadofsky '96: Capital Markets: Down And Dirty With Ipo Due Diligence, Ronald H. Filler Institute For Financial Services Law
Lunch Talk | Matthew Sadofsky '96: Capital Markets: Down And Dirty With Ipo Due Diligence, Ronald H. Filler Institute For Financial Services Law
Ronald H. Filler Institute for Financial Services Law
October 24, 2023
Comment Letter On Sec’S Proposed Rule On Conflicts Of Interest Associated With The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, File Number S7-12-23, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Comment Letter On Sec’S Proposed Rule On Conflicts Of Interest Associated With The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, File Number S7-12-23, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Faculty Works
This comment letter responds to the Securities and Exchange Commission’s proposed rule Release Nos. 34-97990; IA-6353; File Number S7-12-23 - Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker-Dealers and Investment Advisers. Our comments draw on our scholarship relating to laypersons’ participation in securities markets and the corporate sector as well as on the role of technology in corporate governance.
We express concerns that the SEC’s proposed regulation undermines individuals’ ability to access capital markets in an efficient and cost-effective manner. In the era of excessive concentration of equities ownership and power, often with negative societal …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why U.S. States Need Their Own Cannabis Industry Banks, Christoph Henkel, Randall K. Johnson
Why U.S. States Need Their Own Cannabis Industry Banks, Christoph Henkel, Randall K. Johnson
Faculty Works
The legal cannabis trade is the fastest growing industry in the United States. In 2019, about 48.2 million Americans used the drug at least once. As such, it is easy to see why the legal cannabis trade may generate annual revenues exceeding $30 billion in Fiscal Year 2022 alone.
One inconvenient truth, however, is that the parties to any cannabis trade may face a range of difficulties due to conflicts between federal and state laws. These difficulties include the fact that many financial institutions are reluctant to handle cannabis proceeds. One reason is that a lack of alignment in terms …
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Twenty Years After Krieger V Law Society Of Alberta: Law Society Discipline Of Crown Prosecutors And Government Lawyers, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Krieger v. Law Society of Alberta held that provincial and territorial law societies have disciplinary jurisdiction over Crown prosecutors for conduct outside of prosecutorial discretion. The reasoning in Krieger would also apply to government lawyers. The apparent consensus is that law societies rarely exercise that jurisdiction. But in those rare instances, what conduct do Canadian law societies discipline Crown prosecutors and government lawyers for? In this article, I canvass reported disciplinary decisions to demonstrate that, while law societies sometimes discipline Crown prosecutors for violations unique to those lawyers, they often do so for violations applicable to all lawyers — particularly …
Beneficial Conflicts Of Interest, Anita K. Krug
Beneficial Conflicts Of Interest, Anita K. Krug
Cardozo Law Review
Conflicts of interest exist in both professional and private settings, and everyone experiences them from time to time. If a person harboring a conflict acts on it—meaning the person acts against interests she ought to uphold—innocent parties may be harmed. Accordingly, the key to addressing a conflict in most settings is to eliminate it, such as by prohibiting conflicted behavior or recusing oneself from a deliberative process. However, conflicts of interest have a special character in the securities realm, both because they are ubiquitous given financial firms’ myriad competing interests and because the goal of the agency charged with addressing …
Penyelenggaraan Pelindungan Data Pribadi Oleh Notaris Berdasarkan Undang-Undang Nomor 27 Tahun 2022 Tentang Pelindungan Data Pribadi, Intan Permata Mipon, Mohamad Fajri Mekka Putra
Penyelenggaraan Pelindungan Data Pribadi Oleh Notaris Berdasarkan Undang-Undang Nomor 27 Tahun 2022 Tentang Pelindungan Data Pribadi, Intan Permata Mipon, Mohamad Fajri Mekka Putra
Jurnal Hukum & Pembangunan
The endorsement of the Personal Data Protection Law (“UU PDP”) is aimed to providing legal certainty regarding protection for Indonesian citizens against various types of digital crimes. Therefore, entities processing personal data must adhere to the rules and principles stipulated in the UU PDP. In line with this, a Notary in the execution of their services is not exempt from storing and processing their clients personal data to be included in Notarial deed. Hence, under the Notary Profession Law, a Notary has the obligation to maintain the confidentiality of their profession while carrying out their duties. This raises the question …
The Panuwat Snowball: Correlation Does Not Equal Materiality, Tanner Gattuso
The Panuwat Snowball: Correlation Does Not Equal Materiality, Tanner Gattuso
Catholic University Law Review
Insider trading is a term of art referencing the fraudulent practice of trading securities in a company on the basis of material, nonpublic information about that same company in breach of some duty owed to another. The practice erodes the public’s trust in the integrity of our capital markets for a reason that is rather intuitive: it is inherently unfair to allow an individual to make a quick and certain profit by exploiting material, nonpublic information to which he privy due solely to his position in a company or some other relationship of trust and confidence. In this context, unrelenting …
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley
DePaul Business & Commercial Law Journal
No abstract provided.
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom
Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom
DePaul Business & Commercial Law Journal
No abstract provided.
Welcome Address, Lauren Mckenzie
Welcome Address, Lauren Mckenzie
DePaul Business & Commercial Law Journal
No abstract provided.
Wireless Investors & Apathy Obsolescence, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Wireless Investors & Apathy Obsolescence, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Faculty Works
This Article discusses how a subgenre of retail investors makes investors’ apathy obsolete. In prior work, we dub retail investors who rely on technology and online communications in their investing and corporate governance endeavors “wireless investors.” By applying game theory, this Article discusses how wireless investors’ global-scale online interactions allow them to circulate information and coordinate, obliterating collective action problems.
The Retail Investor Report, Nick Einhorn, Jill E. Fisch, Sergio Alberto Gramitto Ricci, Monique Le, Christina M. Sautter
The Retail Investor Report, Nick Einhorn, Jill E. Fisch, Sergio Alberto Gramitto Ricci, Monique Le, Christina M. Sautter
Faculty Works
In 2020, a wave of retail investors entered the stock market. In the last two years, approximately 30 million new retail investors opened brokerage accounts in the U.S. By 2021, retail investors comprised 25% of total equities trading volume, nearly double the percentage reported a decade prior.
And they’ve stuck around. In February 2023, retail investors across platforms set a new all-time high for weekly inflows, with $1.5 billion dollars pouring into the market in a single week.
Participation in the public markets remains high; more significantly, it has evolved. Public.com surveyed 2,000+ investors to compile its 2023 report. Public’s …
Cryptocurrency: Regulate Or Facilitate? How States' Approaches To Cryptocurrency Can Be Applied On A Federal Level, Kelly Mahoney
Cryptocurrency: Regulate Or Facilitate? How States' Approaches To Cryptocurrency Can Be Applied On A Federal Level, Kelly Mahoney
Journal of the National Association of Administrative Law Judiciary
Within the past two years, the cryptocurrency market exceeded a record $2 trillion. As of November 2021, there are seventy-five million Bitcoin (a type of cryptocurrency) users and counting. Many states have implemented regulations and policies in response to this massive growth of the crypto market. While some states like Wyoming and Texas welcome cryptocurrency other states, such as New York and Washington, are more apprehensive and seek to constrain cryptocurrency due to its volatility and novelty. In contrast, federal agencies are still debating on how to address cryptocurrency, and glimpses of federal regulation can be seen through the 2021 …
Regulating Best Interest: Sec Confronts The Brave New Markets, Rayaan Hossain
Regulating Best Interest: Sec Confronts The Brave New Markets, Rayaan Hossain
University of Miami Business Law Review
This Note comments on how recent developments in securities regulation deal with today’s securities industry challenges. As usual, the law advances much slower than technology. After decades of debate over heightened standards for broker-dealers giving investment advice, the Securities and Exchange Commission (“SEC”) introduced Regulation Best Interest (Reg BI). Our modern market demands that broker-dealers execute quick trades on behalf of their clients as well as provide broader investment advice. The popularity of online trading platforms (“OTPs”) only exacerbated the need for regulatory changes. The theme of this paper surmises how Reg BI responds to the rise of the retail …
Spacs, Forward-Looking Statements, And Rule 419: Is Sec Rulemaking Needed?, Nicholas Vota
Spacs, Forward-Looking Statements, And Rule 419: Is Sec Rulemaking Needed?, Nicholas Vota
St. John's Law Review
(Excerpt)
On October 8, 2020, FirstMark Horizon Acquisition Corp. (“FirstMark” or “Company”) closed an initial public offering (“IPO”) of 41,400,000 units. Each unit was priced at $10.00 and “consist[ed] of one share of Class A common stock of the Company . . . and one-third of one redeemable warrant of the Company.” Each whole warrant provided its holder with the right to purchase “one share of Class A [c]ommon [s]tock for $11.50 per share.” FirstMark generated $414,000,000 in connection with the IPO. These funds were then placed in a trust account and maintained by a trustee.
In a filing submitted …
Session 5: Banking, Capital Markets, And The Crypto Revolution - A Look Back And Projection Of The Future Of Fintech, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, Jill Williamson
Session 5: Banking, Capital Markets, And The Crypto Revolution - A Look Back And Projection Of The Future Of Fintech, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, Jill Williamson
SITIE Symposiums
In Session Five of the SITIE 2023 Symposium: Enabling Innovation in Law and Society, Joseph M. Vincent moderated as the four panelists, Joseph R. Cutler, Lawrence Kaplan, Youssef Sneifer, and Jill Williamson, discussed banking, capital markets, and the crypto revolution by looking back and projecting the future of the financial technology (FinTech) industry. The discussion commenced with a conversation on banking deposits, then moved into a discussion on cryptocurrency companies and the challenges they have faced in recent years in the banking industry. The panelists further discussed artificial intelligence (AI) technology’s impact on FinTech, open banking, and challenges facing cryptocurrency …
Session 4: Fireside Virtual Chat With Bruce Jackson, Associate General Counsel, Microsoft, Bruce Jackson
Session 4: Fireside Virtual Chat With Bruce Jackson, Associate General Counsel, Microsoft, Bruce Jackson
SITIE Symposiums
Rhymes all have in common? Besides musical talent, they have all been represented by Bruce Jackson, one of the founding partners of the entertainment law firm, Jackson, Brown, Powell, and St. George. Jackson, a Brooklynite and longtime Microsoft attorney, is a force in the legal industry. Jackson started at Microsoft in the year 2000 as Corporate Counsel for the digital media division. Jackson now serves as Associate General Counsel and Managing Director for Strategic Partnerships out of the Office of the President for Microsoft. Jackson recently published his first book, Never Far From Home: My Journey from Brooklyn to Hip …
Session 3: Diversity Enhancing Intellectual Property, Jordi Goodman, Nina Srejovic
Session 3: Diversity Enhancing Intellectual Property, Jordi Goodman, Nina Srejovic
SITIE Symposiums
The field of intellectual property suffers from a lack of diversity. Women are underrepresented as credited inventors in the United States. Additionally, multi-gender inventor groups are underrepresented compared to all-male and, sometimes, even all-female groups. This representation has changed over time, with changes not always reflecting an increase in female representation. This is particularly true when studying gender-disparity as it exists in the field of computer programming and software patents. While women were well represented in computer programming at field’s inception, this changed after World War II because men lobbied to push women out of the field. Women have since …
Session 2: Diversity As Key To Innovation - Stem Education, Richard Tapia
Session 2: Diversity As Key To Innovation - Stem Education, Richard Tapia
SITIE Symposiums
Richard A. Tapia is a professor at Rice University, where he has taught since 1970. Tapi specializes in optimization theory and numerical analysis. It has been his lifelong work to help underrepresented minorities achieve academic success and success in life.
In this talk, Tapia emphasizes the importance of diversity in STEM fields and highlights the failures of the education system in supporting underrepresented minorities. Tapia opines that more efforts need to be made to bring domestic underrepresented minorities into STEM positions and to recognize the value they bring. Tapia believes that, to address the lack of minority representation in STEM …