The main provision of the Executive Orders (EO 13959 by President Trump issued in November 2020, as replaced by EO 14032 by President Biden issued in June 2021) prohibits US persons from engaging in: “the purchase or sale of any publicly traded securities, or any publicly traded securities that are derivative of such securities or are designed to provide investment exposure to such securities of [certain listed Chinese companies]”.
Financial regulators should begin planning now for the risk that the post-Trump era Supreme Court could eventually trigger a financial crisis. We often think of systemic risk as coming from war, plagues, or other disruptive events causing problems to cascade through the financial system. In Supreme Risk, an article forthcoming in the Florida Law Review, I explain how the Supreme Court may also significantly disrupt markets and keystone institutions.
TerraUSD, an algorithmic stablecoin, succumbed to a ‘death spiral’ when it de-pegged from its $1 (‘USD’) value. This death spiral sparked a market-wide virtual currency sell-off, wiping out $60 billion from crypto markets. The algorithmic stablecoins (‘altcoins’) demise highlights the need for a regulatory overseer of virtual currency spot markets.
The aggressive expansion of Environmental, Social, and Governance (ESG) factors in financial investments over the past decade has challenged prior concepts of corporate responsibility. A conflict has developed amongst lawmakers and advocates over the responsibility of corporate directors and fund managers relating to ESG, most notably, whether implementing ESG is a breach of fiduciary duty. To address this question, this article will look at the international origins of ESG, provide an overview of fiduciary duty, and examine possible conflicts between ESG and fiduciary duty.
Does Title VII of the 1964 Civil Rights Act forbid employers from laterally transferring employees based on race, sex, religion, or other protected category, including when the transfer results in no “material” harm to the employee?
United States corporations operating abroad often look to the Lanham Act,1
In President Biden’s 2021 speech announcing his administration’s approach to antitrust enforcement, the President sounded a revolutionary note: America had been doing antitrust wrong, and it was time for change.
