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Corporate Finance
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Financial Regulation

The Unfinished Business of Regulating Clearinghouses

Paolo Saguato

The Dodd-Frank Act recently celebrated its 10th anniversary, with commentators, policymakers, and scholars joining the celebration by discussing the achievements of the sweeping post-crisis financial...

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Corporate Finance
Financial Regulation

Derivatives Supply and Corporate Hedging: Evidence from the Safe Harbor Reform of 2005

Erasmo Giambona | Ye Wang

Are supply-side fluctuations in the derivatives market important for corporate risk management? If the supply of hedging instruments is perfectly elastic, then hedging levels are determined...

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Financial Regulation

Gordian Knot of LIBOR: Untying, Not Cutting

Julia Goptarenko

Scenes from the movie ‘The Wolf of Wall Street’ that feature traders on the brink of a nervous breakdown rushing to outbid each other by hastily placing phone orders, can no longer pose as a...

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Corporate Governance
Financial Regulation

Bankruptcy’s Three Ages

Mark J. Roe

Embedded in the American Bankruptcy Code are three decision-making methods—administration, a deal among existing creditors, and a sale of the firm intact. The Code’s text and intent privilege a deal...

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Financial Regulation

Transnational Legal Ordering and Regulatory Conflict: Lessons from the Regulation of Cross-Border Derivatives

Hannah Buxbaum

One of the focal points for reform in the aftermath of the global financial crisis was the regulation of cross-border derivatives. The crisis had exposed the deficiencies of the existing regulatory...

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Brexit

Brexit and Financial Markets Law

Dörte Poelzig | Max Bärnreuther

What are the consequences of Brexit from a financial markets law perspective? Given that the precise form of Brexit is not yet known – is Britain going to choose the New York, Swiss, Turkish or any...

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Brexit

Brexit - What Does It Mean for Debt Products and Finance Transactions?

Freshfields Bruckhaus Deringer

Introduction A UK vote to leave the EU has far-reaching political implications. Many commentators also foresee economic consequences, and such volatility would have commercial ramifications for...

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Financial Regulation

The Legal Framework for CCP Default Management Processes

Jo Braithwaite

The central clearing of OTC derivatives is a key element of the post-crisis financial markets reforms. It offers numerous benefits for financial stability including the multilateral netting of...

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Commercial Law
Financial Regulation

Spanish Supreme Court strikes unparalleled super-priority of derivatives

A recent decision by the Spanish Supreme Court struck down the super-priority that Spanish law grants derivatives contracts in insolvency. The decision raises a series of interesting questions about...

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