Blog

Financial institutions have become highly reliant on outsourcing core business processes to third-party service providers. In the past two decades, the growth and expansion of outsourcing has allowed...

The concept of a company as a separate entity from its shareholders is well known and recognized in many common law and civil law jurisdictions. Generally, it is regarded as a fundamental aspect of...

On 26 June 2018, the Insolvency Regulation (Recast) (hereafter, EIR 2015) celebrated its first anniversary. It covers (i) the international jurisdiction of a court in a member state to open...

The rapid evolution of the digital economy holds many promises. At the same time, the rise of powerful players gives us cause to review the state of the law on abuse of dominance. Specifically, the...

Blockchain technology could reshape the economic institutions of capitalism, to borrow the title of a celebrated book by Oliver Williamson. In a recent paper, I deal with contractual agreements that...

In 2017, Singapore introduced wide-ranging reforms to its insolvency and restructuring laws with a view to enhancing its attractiveness as an international centre for debt restructuring. These 2017...

Numerous applications of ‘Big Data analytics’ drawing potentially troubling inferences about individuals and groups have emerged in recent years. Major internet platforms are behind many of the...

Many of the largest and most successful businesses today rely on providing services at no charge to at least a portion of their users. Consider companies as diverse as Dropbox, Facebook, Google,...

Compliance is a stunningly hot topic, with companies spending significant resources on it, and probably literally, dozens of conferences on the subject each week.[1] One curious feature of the...

With the adoption of the Action Plan ‘Financing Sustainable Growth’, the European Commission is taking a range of steps towards encouraging listed companies to conduct their business in a more...

Code and law have been entangled in a silent tension ever since the advent of cyberspace. The centralised architecture of cyberspace paved the way for law to prevail. The latest manifestation of this...

The purpose of our paper ‘Shareholders’ Rights in Agency Conflicts: Selected Issues in the Transatlantic Debate’ (2018) 42 Delaware Journal of Corporate Law 569 is to provide the reader with a...

Conventional wisdom suggests that the U.S. is the ‘litigation nation’. However, when it comes to disputes concerning euro area integration, Germans also seem to be very gung ho to slug it out in the...

In recent years, Islamic capital markets have flourished in countries with large Muslim populations, while sukuk, or Islamic bonds, have gained traction internationally. Although Malaysia is regarded...

Angel investors have a long history as informal investors within the narrow subset of the private equity (PE) market. The first ‘angel investors’ were wealthy individuals who funded expensive...

Government regulation on disclosure differs considerably across countries. This gives rise to some interesting research questions. One line of research is investigating if certain types of disclosure...

Over the past twenty years, a robust secondary market has emerged in the debt of Chapter 11 firms. Critics worry that the trading associated with this market has undermined bankruptcy governance, by...

Executive and non-executive directors with access to private and price-sensitive information have, as insiders, an advantage over other investors when trading in the shares of their firm. Even if...

A bill (SB-826, the ‘Bill’) that would impose a quota for women on boards of public companies was recently approved by California’s State Senate and Assembly. Once signed by the governor, the law...

Two of my recent articles examine securities class action litigation and SEC enforcement against foreign corporations seeking to tap American capital markets (see here and here). To evaluate public...

In July 2018, the European Parliament passed a resolution recommending to the Commission the creation of an optional EU-wide legal status for social enterprises. The Commission now has one year to...