Download PDF Russell G. Ryan* In its civil law enforcement cases under the federal securities laws, the Securities and Exchange Commission (SEC) routinely seeks disgorgement of ill-gotten gains, and courts routinely grant it. The SEC commonly describes disgorgement as an … [Read more...] about The Equity Façade of SEC Disgorgement
Download PDF Stephen Heifetz and Michael Gershberg* Until recently, the Committee on Foreign Investment in the United States (CFIUS or the Committee) rarely affected domestic energy projects. That has changed, and CFIUS now actively reviews and sometimes alters transactions … [Read more...] about Why Are Foreign Investments in Domestic Energy Projects Now Under CFIUS Scrutiny?
Download PDF Colleen Baker* I. Introduction Trade—whether domestic or international and whether of goods, services, or financial assets—relies upon the exchange of money. The integrity of these “money flows” is critical to the smooth conduct of international exchange. … [Read more...] about The Federal Reserve’s Supporting Role Behind Dodd-Frank’s Clearinghouse Reforms
Download PDF Joshua C. Zive* I. Introduction The role of foreign investment in the U.S. energy sector has changed significantly in recent years. The development of domestic oil and gas resources has resulted in a significant increase in foreign interest in … [Read more...] about Unreasonable Delays: CFIUS Reviews of Energy Transactions
Download PDF Sean J. Griffith* Introduction The global financial crisis of 2007–2008 revealed faults in the ability of regulators worldwide to contain systemic risk. Blaming much of the crisis on derivatives, complex financial contracts that allow counterparties to trade … [Read more...] about Clearinghouse Hope or Hype? Why Mandatory Clearing May Fail to Contain Systemic Risk