Download PDF Edward F. Greene* I. Introduction 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. It does not deal … [Read more...] about Dodd-Frank and the Future of Financial Regulation
Download PDF Steven L. Schwarcz* Although a chain of bank failures remains an important symbol of systemic risk, the ongoing trend towards disintermediation—or enabling companies to directly access the ultimate source of funds, the capital (i.e., financial) markets, without … [Read more...] about Identifying and Managing Systemic Risk: An Assessment of Our Progress
Download PDF Joshua P. Fershee* The limited liability company (LLC) has evolved from a little used entity option to become the leading business entity of choice. The primary impetus for this change was an Internal Revenue Service (IRS) determination in 1988 that … [Read more...] about LLCs and Corporations: A Fork in the Road in Delaware?
Download PDF Harvey R. Miller & Maurice Horwitz* On October 19, 2010, the FDIC published a proposed rule governing the implementation of Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Title II of Dodd-Frank creates an … [Read more...] about One Way That Dodd-Frank’s Liquidation Authority Could Achieve Parity With The Bankruptcy Code
Download PDF Michael R. Patrone* The Delaware Court of Chancery’s recent Selectica opinion garnered substantial attention, but the court’s decision upholding the tax poison pill may be of even greater importance with the passage of the Health Care and Education … [Read more...] about Is the “Tax Poison Pill” the Last Stand for Protecting NOLs After Health Care Reform?