Download PDF Melissa Sawyer and Matt Friestedt* Recently it has become relatively common for shareholder activists to advocate for changes in senior management, not just changes in board composition.[1] In the face of this pressure, some companies have announced changes to … [Read more...] about Changing Management in the Face of Shareholder Activism: Issues to Consider
Volume 5
Fatally Foreign: Extraterritorial Recovery of Avoidable Transfers and Principles of Comity in the Madoff Securities SIPA Liquidation Proceeding
Download PDF Timothy Graulich, Brian M. Resnick, and Kevin J. Coco* Bernie Madoff’s investment firm, Bernard L. Madoff Investment Securities LLC (Madoff Securities), famously imploded in December 2008 under the weight of the largest Ponzi scheme in U.S. history.[1] Some of … [Read more...] about Fatally Foreign: Extraterritorial Recovery of Avoidable Transfers and Principles of Comity in the Madoff Securities SIPA Liquidation Proceeding
The Status of Environmental Commodities Under the Commodity Exchange Act
Download PDF Matthew F. Kluchenek* This article examines the role of the Commodity Futures Trading Commission (“CFTC”) in regulating transactions in environmental commodities, such as renewable energy certificates (“RECs”), emissions allowances, carbon offsets and carbon … [Read more...] about The Status of Environmental Commodities Under the Commodity Exchange Act
Inevitable: Sports Gambling, State Regulation, and the Pursuit of Revenue
Download PDF Anastasios Kaburakis, Ryan M. Rodenberg, & John T. Holden* “It’s inevitable that, if all these states are broke . . . there will be legalized betting in more states than Nevada and we will ultimately participate in that.” - NBA commissioner Adam Silver, … [Read more...] about Inevitable: Sports Gambling, State Regulation, and the Pursuit of Revenue
Make-Whole Claims and Bankruptcy Policy
Download PDF Douglas P. Bartner and Robert A. Britton* Loan agreements and bond indentures frequently contain “make-whole” or “yield maintenance” provisions that are designed to give the lender or bond investor the benefit of its interest rate bargain in the event that the … [Read more...] about Make-Whole Claims and Bankruptcy Policy