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The Trouble with Tibble: Environmental, Social, and Governance (ESG) and Fiduciary Duty
Introduction The aggressive expansion of Environmental, Social, and Governance (ESG) factors in financial investments over the past decade has challenged …
Commodity Futures Trading Commission: The Correct Regulator for the Virtual Currency Spot Market
I.         Introduction 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.1See Alex …
The Epistemology of Collective Scienter
There is a circuit split over the standard to plead scienter in 10b-5 securities fraud litigation against corporations. NARROW PLEADING …
Extraterritorial Application of the Lanham Act
United States corporations operating abroad often look to the Lanham Act, 15 U.S.C. § 1051 et seq., for protection of their …
Assessing the Biden Administration’s Actions on Agriculture Antitrust
In President Biden’s 2021 speech announcing his administration’s approach to antitrust enforcement, the President sounded a revolutionary note: America had …
Regulatory Uncertainty and Business Impact of the Executive Orders Against Investment in Chinese Companies
The main provision of the Executive Orders (EO 13959 by President Trump issued in November 2020, as replaced by EO 14032 by President …
Does the SEC Have Authority under Howey to Regulate Cryptocurrencies?
The cryptocurrency market experienced major growth in recent years and whether the U.S. Securities and Exchange Commission (SEC) should regulate …
Shareholders Get Some Slack on Section 11, Direct Listing Pleading Standard
This past September, the United States Court of Appeals for the Ninth Circuit held that shareholders who purchased securities in …
The Supreme Court As A Systemic Risk
Financial regulators should begin planning now for the risk that the post-Trump era Supreme Court could eventually trigger a financial …
Regulating Stablecoins as Glass-Steagall Deposits and Consequences for Money Market Funds
In November 2021, the President’s Working Group on Financial Markets, in partnership with the Comptroller of the Currency and the …
Musk: Feared or Loved? Delaware Chancery Court’s Controlling Shareholder Doctrine and the Expansion of Judicial Inquiry into Directorial Decision Making
In Delaware, there is no answer to whether a defendant’s “soft power alone, anchored in historical and commercial ties” can …
The Hedge Fund Activism of Engine No. 1
On the eightieth anniversary of the attack on Pearl Harbor, December 7, 2021, Engine No. 1 stormed into the world …
The President as CEO: Executive Privilege and Corporate Law
On January 6, 2021, a violent mob attacked the U.S. Capitol after being told by then-President Donald Trump that the …
DOJ Files Antitrust Suit Against American Airlines and JetBlue
On September 21, 2021, the Department of Justice (DOJ) filed a civil antitrust suit against American Airlines (“American”) and JetBlue …
The Wireless Investors Movement
The UChiBLR Editorial Board is delighted to present our inaugural article by guest academics. As Web3 promises to reestablish the …
A Sea of Change in Delaware Corporate Dilution Claims
Earlier this year, the Supreme Court of Delaware decided Brookfield Asset Mgmt. v. Rosson,2No. 406, 2020, 2021 WL 4260639 (Del. …
Vaccines at 31,000 feet: Collective Bargaining, Labor Disputes, and Southwest Airlines’ Vaccine Mandate
Southwest Airlines (“SWA”), the low-cost carrier renowned for its forward-thinking workplace culture of levity and employee empowerment, has found itself …
Delaware Supreme Court Clarifies Demand Futility Lawsuits in United Food and Commercial Workers v. Zuckerberg
The Delaware Supreme Court recently clarified its demand futility jurisprudence, an area of Delaware corporate law that has confused members …
A Settled Case and an Unsettled Law: The Reform Act’s Discovery-Stay at the Supreme Court
Discovery is “both a tool for uncovering facts essential to accurate adjudication, and a weapon capable of imposing large and …
Why IP Waivers Are Not the Best Option for the COVID-19 Vaccine
In the midst of the COVID-19 pandemic, South Africa and India have asked the World Trade Organization (“WTO”) to waive …