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No private business would arrange its service delivery in such a way that the cost to customers knowingly exceeded the budgets of its target market. And no private business would knowingly allow its...

In a recent paper, I discuss tensions that have lately emerged between the Court of Justice of the European Union (‘CJEU’) and the German Federal Constitutional Court (Bundesverfassungsgericht or...

Dual class capital structures have spread exponentially in recent years across much of the corporate world, as has previously been reported on this blog. Dual class listed companies today account for...

This new, brilliant and clear (including for non-experts) book by Katharina Pistor is titled 'The Code of Capital' and explores, as the subtitle specifies, 'How the law creates wealth and inequality...

Many modern problems—money laundering, investor fraud, cryptocurrency abuses—cannot be addressed effectively by solitary agencies. Instead, cross-border and borderless problems require a coordinated...

Since the advent of Bitcoin in 2008, which until today remains the most widely used digital currency worldwide, digital currencies have gained in popularity. More recently, tokens based on different...

For almost two years, Argentina has been facing a severe economic recession and has not had the ability to access international capital markets. This has left Argentina vulnerable to a sovereign debt...

The criticisms made of state-owned enterprises (SOEs) are well known. SOEs are said to be generally inefficient as they rely on state patronage and do not compete fairly. Such inefficiency can also...

In 2018, United States venture capital firms invested over $10.5 billion in FinTech firms across 1,042 deals. And of the 48 FinTech ‘unicorns’ valued at over $1 billion, the US is home to 28 of them...

Corporations are neglected in private law theory. As we argue in ‘The Corporation as a Category in Private Law’, this is unfortunate. Corporations are objects of both private and public law, with...

Large scale bank bailouts can be very wasteful for society in terms of resources lost and increased public debt [1]. The doom loop means that the public cost of funding a bailout can place a serious...

The current enactment of the EU Action Plan for financing sustainable growth (the ‘Action Plan’) is a sign of the EU’s efforts to support the transition to a sustainable economic system, so...

How has cross-border corporate mobility in the European Union (‘EU’) and European Economic Area (‘EEA’) been doing over the last twenty years? What degree of integration exists via cross-border...

The entry into force of the second version of the Markets in Financial Instruments Directive (MiFID II) is since 2018 amongst the greatest challenges for the financial sector. Among the most striking...

Over the past decade a new era of FinTech (‘financial technology’) has emerged through the increasing convergence of the long-term process of digitization of finance, datafication, and new...

Shareholder cooperation as a tool for active corporate ownership, and a means by which to effectively voice concerns about corporate governance and performance, is on the rise. While wolf packs...

The European Union recently adopted a Restructuring Directive intended to facilitate the reorganization of insolvent and other financially troubled firms. Although the central goal of the Directive...

With news of whistleblowers, alleged spies and breaches of confidence entering the public consciousness of late, it is important to consider how the public’s right to discover and learn information...