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  • Commercial Law
07 Nov 2017

The future of arbitration in the world of Big Data

Norton Rose Fulbright

Where once knowledge was power, data now rules. With huge processing capabilities (literally) in the palm of the hand, the internet and ‘smart’ devices are changing ways of working and democratising...

OBLB categories

  • Commercial Law
  • Corporate Finance
06 Nov 2017

Remarks on the German Regulation of Crowdfunding

Tobias H. Tröger

Crowdfunding is a buzzword that identifies a sub-set in the new forms of finance facilitated by advances in information technology usually categorized as fintech. In contrast to financial innovation...

OBLB categories

  • Corporate Finance
  • Financial Regulation
03 Nov 2017

The Cost of China's IPO Regulations on the Functional Efficiency of its Financial System

Charles Lee | Yuanyu Qu | Tao Shen

China’s astonishing economic growth over the past four decades is well-documented, but perhaps less appreciated is the central importance of financial market reform in facilitating a continuation of...

OBLB categories

  • Corporate Finance
  • Financial Regulation
02 Nov 2017

What’s in a Name? A Practical Approach to EU/CFTC Margin Rules Equivalence

Julia Goptarenko

On October 13, 2017, the US Commodity Futures Trading Commission (CFTC) and the European Commission (EC) voted in favor of margin rules equivalency, recognizing that margin regimes operating in the...

OBLB categories

  • Financial Regulation
02 Nov 2017

Financial Knowledge, Attitudes and Investment Choices of Italian Households. Evidence from the 2017 CONSOB Report

Nadia Linciano | Paola Soccorso

Introduction The Italian Commissione Nazionale per le Società e la Borsa (CONSOB)’s Reports on Investment Choices of Italian Households gather evidence on the multifaceted drivers of financial...

OBLB categories

  • Corporate Governance
01 Nov 2017

Beauty and Appearance in Corporate Director Elections

Philipp Geiler | Luc Renneboog | Yang Zhao

What are the qualities that shareholders look for in a director candidate? Do beauty and the appearance of competence in a candidate affect corporate elections? In our recent working paper, we...

OBLB categories

  • Commercial Law
31 Oct 2017

Vis Attractiva Concursus Throughout the EU? New Ruling of the Hungarian Curia on the Jurisdiction for Post-opening Actions Against an Insolvent Debtor

Zoltan Fabok

A recent decision of the Hungarian Curia (BH 2017.97) concerned an important question of European private international law: what is the effect of the opening of insolvency proceedings on...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • Financial Regulation
31 Oct 2017

Crowdfunding Civil Justice

Ronen Perry, Centre for Socio-Legal Studies

Crowdfunding—the aggregation of numerous but modest individual contributions through specialized online platforms—is a relatively new finance method. In the last few years, it has started its...

OBLB categories

  • Commercial Law
30 Oct 2017

The Logic and Limits of Cooperation in European Cross-Border Insolvency Cases

Renato Mangano

The International Insolvency Review (IIR) recently published my paper ‘From “Prisoner’s Dilemma” to Reluctance to Use Judicial Discretion: The Enemies of Cooperation in European Cross-Border Cases’...

OBLB categories

  • Financial Regulation
27 Oct 2017

Don’t Bank on Bankruptcy for Banks

Mark J. Roe

In the next month, the US Treasury Department is expected to decide whether to seek to replace the 2010 Dodd-Frank Act’s regulator-led process for resolving failed mega-banks with a solely court-...
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OBLB categories

  • Commercial Law
27 Oct 2017

Financing Micro-businesses: How to Fortify the House of Cards

Louise Gullifer QC (Hon), Harris Manchester College | Ignacio Tirado

In two recent papers, we consider the problems that arise in the financing of micro-businesses, apart from the limited, though important, finance provided by microfinance institutions. One, '...
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OBLB categories

  • Financial Regulation
26 Oct 2017

On the Pitfalls of Performance Standards

Cary Coglianese

Performance standards have long been heralded as a superior approach to regulating business activity. Such standards impose legal obligations to avoid or achieve specified outcomes, but then leave it...

OBLB categories

  • Financial Regulation
25 Oct 2017

George Stigler on Regulation: Lessons for Today

Sam Peltzman

George Stigler had more influence on the economic analysis of regulation than any of his contemporaries. How does his contribution help us to understand regulation today? That is the question I will...

OBLB categories

  • Brexit
  • Commercial Law
  • Corporate Governance
25 Oct 2017

How Should English Domiciled Multinationals Manage their Human Rights Risk in Light of the Judgment in Lungowe v Vedanta?

Hogan Lovells

Conventionally, the doctrines of separate corporate personality and forum non conveniens insulated English domiciled parent companies from liability for the actions of their foreign subsidiaries...

OBLB categories

  • Brexit
24 Oct 2017

EU Law with the UK - EU Law without the UK

Martin Gelter

Since the UK electorate voted to leave the European Union on June 23, 2016, legal scholars and practitioners have intensely discussed the institutional and constitutional consequences of ‘Brexit’,...
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OBLB categories

  • Commercial Law
  • Corporate Governance
  • M&A
23 Oct 2017

Corporate Ownership and Innovation: Evidence from Switzerland

Massimiliano Vatiero | Marcello Puca

In an interview, when teased about his reckless, highly innovative and risky investments, Elon Musk replied ‘it's OK to have your eggs in one basket as long as you control what happens to that basket...

OBLB categories

  • Commercial Law
  • Corporate Governance
  • Financial Regulation
20 Oct 2017

Investor-Consumer or Total Value? A Question for Economics-Based Research

Stefan Grundmann | Fabrizio Esposito

Economic-based legal research normally assumes that market or allocative efficiency is about the maximization of total value. In a recent working paper, we argue that consumer and shareholder value...

OBLB categories

  • Financial Regulation
20 Oct 2017

European banking law evolution and the future of microfinance and socially responsible operators

Eugenia Macchiavello

The recent developments in European financial regulation might represent either an opportunity or an obstacle for microfinance institutions (MFIs), ie providers of small loans with frequent...

OBLB categories

  • Commercial Law
  • Corporate Finance
19 Oct 2017

Chapter 11 Bankruptcy and Loan Covenant Strictness

Garence Staraci | Meradj Pouraghdam

In syndicated loan contracts, a borrower’s failure to comply with a covenant restriction triggers a default, and as such the lender’s right to terminate the loan (or foreclose on assets which are...

OBLB categories

  • Corporate Governance
19 Oct 2017

Corporate decision-making through strategic reporting: An empirical study

Iain MacNeil | Irene-Marie Esser | Katarzyna Chalaczkiewicz-Ladna

According to the Companies Act 2006, the directors of a company (except a small company: s 414A (2) CA 2006) must prepare a strategic report for each financial year of the company (s 414A (1) CA 2006...

OBLB categories

  • M&A
18 Oct 2017

The Case for Speeding the Merger Process

Matteo Gatti

Corporate planners and practitioners know well that it takes quite a long time to close a long-form merger, with the shareholder approval requirement accounting for the bulk of the delay in almost...

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