Harvard Business Law Review (HBLR)

The Harvard Business Law Review (HBLR) aims to be the premier journal covering the laws of business organization and capital markets. HBLR will publish articles from professors, practitioners, and policymakers on corporate law and governance, securities and capital markets law, financial regulation and financial institutions, law and finance, financial distress and bankruptcy, and related subjects.

Volume 5

Changing Management in the Face of Shareholder Activism: Issues to Consider

By

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

Fatally Foreign: Extraterritorial Recovery of Avoidable Transfers and Principles of Comity in the Madoff Securities SIPA Liquidation Proceeding

By

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

By

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

By

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

By

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