New Margin Requirements for Uncleared Swaps
Download PDF Craig Stein & Paul N. Watterson, Jr.* One of the fundamental changes that the Dodd-Frank Wall Street Reform […]
Energy, Featured, Home, Securities, U.S. Business Law, Volume 5
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Bankruptcy, Featured, Home, U.S. Business Law, Volume 5
Why The Lack of Interest in Interest? Another Look at Preferences and Secured Creditors
Download PDF Samuel D. Krawiecz* I.        Introduction The Bankruptcy Code (sometimes referred to herein as the Code) disallows preferential
Corporate Governance, Featured, Home, Securities, U.S. Business Law, Volume 5
The Sarbanes Oxley Privilege For Public Company Accounting Oversight Board Materials: Its Implications For SEC Enforcement Proceedings
Download PDF Andrew J. Morris* I.        Introduction In 2002, a wave of high-profile accounting scandals led Congress to pass the
Energy, Featured, Home, Volume 5
When is Renewable not Renewable? The Constitutionality of State Laws Denying New Large Canadian Hydroelectric Projects Treatment as Renewable Resources
Download PDF Harvey L. Reiter* I.        Introduction Over the past fifteen years, many states—twenty-nine at last count—have adopted renewable portfolio
Corporate Governance, Featured, Home, U.S. Business Law, Volume 5
Changing Management in the Face of Shareholder Activism: Issues to Consider
Recently it has become relatively common for shareholder activists to advocate for changes in senior management, not just changes in board composition. In the face of this pressure, some companies have announced changes to their leadership teams. These changes can create strife in the boardroom and tension among employees. Leadership transitions also raise a number of disclosure and other legal issues that companies should take into account if a board decides to respond to activism in this manner. This article provides a checklist of issues that regularly arise in these situations.
Bankruptcy, Featured, Home, U.S. Business Law, Volume 5
Fatally Foreign: Extraterritorial Recovery of Avoidable Transfers and Principles of Comity in the Madoff Securities SIPA Liquidation Proceeding
Extraterritorial application of the Bankruptcy Code and international comity require courts to examine congressional intent while balancing the competing interests of different jurisdictions. Absent contrary intent within the statute, debtors and trustees in cases under both SIPA and the Bankruptcy Code likely face an uphill battle in overcoming the presumption against extraterritoriality. The recent gravitation toward universalism and respect for foreign laws reinforces that presumption and seeks to establish international deference as the governing baseline.