Court Rejects Johnson & Johnson’s Use of the “Texas Two-Step” to Tackle Baby Powder Liability
Overview The Third Circuit recently dismissed the chapter 11 bankruptcy filing of LTL Management, LLC, which is a subsidiary of …
Two-Sided Markets and the Microsoft/Activision Merger
On January 18, 2022, Microsoft Corporation announced its intention to acquire Activision Blizzard Inc. for $68.7 billion, reflecting a price …
Using Disparate Impact Liability to Address Racial Disparities in Access to Financial Services
Since taking office, the Biden Administration has been vocal about its agenda to apply a “whole of government” approach to …
FTX: An Illustration of the Difficulties in Structuring Crypto-Asset Regulation and Incentives
The financial woes of cryptocurrency exchange FTX and hedge fund Alameda Research have dominated the recent financial news cycle. On …
Restructuring Futures Markets
Before the run on FTX1David Yaffe-Bellany, Collapsed Crypto Exchange FTX Could Owe More Than 1 Million Creditors, N. Y. TIMES (Nov. …
Discriminatory Employment Transfers: The New Circuit Split
Does Title VII of the 1964 Civil Rights Act forbid employers from laterally transferring employees based on race, sex, religion, …
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.2See 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 …