Blog

The Court of Justice of the European Union (‘CJEU’) has made it clear from the early stages of its jurisprudence that State Aid rules are applicable to taxation measures. Thus, the fiscal nature of a...

This post comes to us from Mafalda Barreto and Susana Morgado, both lawyers at Gómez-Acebo & Pombo Abogados. In its judgment of 1 March 2016, the Portuguese Supreme Court of Justice ('STJ') ruled...

The free movement of goods and services are central to the functioning of the Internal Market of the European Union (‘EU’). While many scholars have devoted their attention to analysing those...

Last year, bank prosecutions dominated federal corporate prosecutions in a way never before seen in the United States. In a recent paper, I describe how, before 2008, prosecutions of banks had been...

In a series of recent papers – ‘Dynamic Regulation for Innovation’, ‘Regulation Tomorrow: What Happens When Technology Is Faster Than the Law?’, and ‘How to Regulate Disruptive Innovation - From...

In a recent paper titled ‘Estimating the Value of Absolute Power: Evidence from Judiciary Decision Event on Controlling Shareholders in Large Business Group’, we analyse the effects of judicial...

The number of campaigns by activist shareholders, such as Carl Icahn, has risen dramatically in recent years, and with it the debate over the value of shareholder activism for the targeted companies...

In a recent article in the FT, Mark Mazower argued that Germany’s emergence as the dominant member state has left its imprint on European institutions and that the creation of the Euro has shifted...

This post comes to us from the Insolvency Lawyers' Association. Public Joint-Stock Company Commercial Bank ‘Privatbank’ [2015] EWHC 3299 (Ch) (David Richards J, 13 Nov 2015); Codere Finance (UK) Ltd...

This post summarises the key findings of my article 'Director Penalty Notices – Promoting a Culture of Good Corporate Governance and of Successful Corporate Rescue Post Insolvency'. The Australian...

Commenting on a landmark decision in constitutional (and, indeed, institutional European) law may not be the wisest thing to do for a financial lawyer, for what will he or she be able to say? A...

A quiet revolution has been creeping over Europe during the past three decades. Slowly but surely, national authorities have changed their attitudes and regulatory approaches to insolvency. All but...

The proliferation of unconstrained mutual funds (“UMFs”) – a subset of regulated mutual funds - calls into question the effectiveness of retail investor protections under the U.S. Investment Company...

Valuation, solvency, and adequate capitalization analyses play a crucial role in corporate reorganization. They are central to allowance of claims, adequate protection, avoidance actions such as...

In my recent paper, my analysis of recent exemptions to US securities law under the CROWDFUND Act, which allows for limited public solicitation of equity crowdfunding, reveals a legislative design...

After the financial crisis many scholars, commentators and practitioners have focused on what is seen as a culture of self-interestedness in the finance industry and a devil-may-care attitude to the...

My paper highlights the pros and cons of technology based banking services in India. Banks mobilize public savings and facilitate investments. The liberalization of banking services by the government...

While many criticize globalization as producing a ‘race to the bottom’ in which multinational corporations move activities to nations with less legal protections accorded to workers, the environment...

Contingent Convertibles (‘CoCos’) are debt instruments that either convert into equity or are written-down when they are converted. In this paper, I argue that European CoCos issued as regulatory...

Immigration has perhaps always been a controversial political issue. Proponents talk about attracting ‘the best and the brightest’, while others worry that immigrants are mostly attracted by welfare...