Category: Volume 2

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Restructuring Sovereign Debt Under Local Law: Are Retrofit Collective Action Clauses Expropriatory?

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Melissa A. Boudreau: The European sovereign debt crisis has generated a number of controversial restructuring proposals that would have seemed appropriate only for emerging markets just a few years ago...

Capturing Time in Financial Statements

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George M. Williams Jr: The Dodd-Frank Wall Street Reform and Consumer Protection Act applies a number of heightened standards to bank holding companies with consolidated assets of $50 billion or more...

Comments on Seasoning of Reverse Merger Companies Before Uplisting to National Securities Exchanges

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David N. Feldman: Blockbuster Entertainment, Occidental Petroleum, Turner Broadcasting, Tandy Corp. (Radio Shack), Texas Instruments, Jamba Juice, and Berkshire Hathaway are just a few well-known companies that went public through a "reverse merger."

Economic Crises and Emergency Powers in Europe

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Ragnhildur Helgadóttir: This article discusses the state reactions to financial crises from the point of view of domestic constitutional law and the main international obligations of European countries...

What is the Practical Importance of Default Rules under Delaware LLC and LP Law?

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Mohsen Manesh: Despite much academic debate, it is now well settled that in Delaware at least, corporate law differs from unincorporated alternative entity law in one fundamental respect...

Conflict Minerals and SEC Disclosure Regulation

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Celia R. Taylor: Dodd-Frank's conflict minerals provision is framed as a disclosure requirement and thus seemingly falls within the purview of the SEC. However, the provision in fact is a back-end run around...

Proposed SEC Rules Could Limit Carried Interest and Incentive Compensation Paid by Private Equity Firms

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Elizabeth Pagel Serebransky, Michael P. Harrell, Jonathan F. Lewis and Charity Brunson Wyatt: While private equity professionals have been keenly aware in recent years of proposed changes to the U.S. tax code...

Dodd-Frank, Compensation Ratios, and the Expanding Role of Shareholders in the Governance Process

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J. Robert Brown, Jr.: The Dodd-Frank Act sought to correct some of the abuses believed to have contributed to the financial crisis of 2008-2009.  Executive compensation was one of them...

Dodd-Frank and the Future of Financial Regulation

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Edward F. Greene: Dodd-Frank represents the most sweeping changes to the financial regulatory environment in the United States since the Great Depression. While its enactment was important, the Act is seriously flawed...

The Crystallization of Hedge-Fund Regulation

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Jeff Schwartz: Eleven months after Dodd-Frank was signed into law, the SEC issued final rules pertaining to Title IV of the Act, which calls for the registration of advisers to hedge funds...

A Consultant’s View of Dodd-Frank

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David Mader: The Dodd-Frank Wall Street Reform and Consumer Protection Act is ambitious and complex legislation designed to significantly transform the way the financial system operates...

The SEC’s New Dodd-Frank Advisers Act Rulemaking: An Analysis of the SEC’s Implementation of Title IV of the Dodd-Frank Act

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Kenneth W. Muller, Jay G. Baris, and Seth Chertok: The Title IV of the Dodd-Frank Act substantially changes the registration regime under the Investment Advisers Act...

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