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  • Commercial Law
15 Dec 2020
4 min to read

Fraud in the Underlying Contract: A New Hurdle for Enforcement of India-Seated Arbitral Awards

Anhad S. Miglani | Gaganjyot Singh

The President of India recently promulgated an Ordinance amending certain provisions relating to the enforcement of awards and qualification of arbitrators under the Arbitration and Conciliation Act...

OBLB categories

  • Commercial Law
  • Financial Regulation
03 Mar 2020
3 min to read

Who Pays When Things Go Wrong? Online Financial Fraud and Consumer Protection in Scandinavia and Europe

Marte Eidsand Kjørven

Online financial fraud targeted at consumers through phishing attacks and identity theft, for example, is a growing problem. The increased risk of fraud is linked with digitalisation of financial...

OBLB categories

  • Commercial Law
  • Financial Regulation
03 Mar 2020
3 min to read

Who Pays When Things Go Wrong? Online Financial Fraud and Consumer Protection in Scandinavia and Europe

Marte Eidsand Kjørven

Online financial fraud targeted at consumers through phishing attacks and identity theft, for example, is a growing problem. The increased risk of fraud is linked with digitalisation of financial...

OBLB categories

  • Corporate Finance
  • Financial Regulation
10 Jan 2020
4 min to read

Initial Coin Offerings, Information Disclosure, and Fraud

Lars Hornuf | Theresa Kück | Armin Schwienbacher

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...

OBLB categories

  • Commercial Law
18 Oct 2019
3 min to read

Who Owns Bitcoin? Private (International) Law Facing the Blockchain

Matthias Lehmann

The widespread use of virtual currencies and other crypto assets may lead to problems that have been well-known for centuries in private law. The media reveal on an almost daily basis numerous cases...

OBLB categories

  • Commercial Law
08 Oct 2019
4 min to read

The Dark Side of Reputation

Emily Kadens

Private ordering theorists put a great deal of weight on reputation to enforce honest behavior among market participants. They assume that the fear of getting a bad reputation and consequently being...

OBLB categories

  • Corporate Governance
  • Financial Regulation
24 May 2018

Managing the Risks of Corporate Fraud: The Evidence from Hong Kong and Singapore

Wai Yee Wan | Christopher Chen | Chongwu Xia | Say H Goo

The stock markets of Hong Kong and Singapore are characterised by companies with concentrated shareholdings. In addition, they routinely attract issuers whose assets and businesses are located...

OBLB categories

  • Corporate Governance
  • Financial Regulation
01 Mar 2018

Punjab National Bank Scam Is an Opportunity to Reform India's Public Sector Banks

Sandeep Gopalan

The Punjab National Bank (PNB) scam – India’s largest banking scandal – is as impeccably swadeshi (literally “of one’s own country”, indigenous) as that bank’s origins. It highlights in crass terms...

OBLB categories

  • Financial Regulation
21 Feb 2018

Lessons from More than a Decade-Long History of Sanction in France

Laure de Batz

Since its creation in 2003, the Enforcement Committee of the French Financial Market Authority (AMF) has sanctioned market players which violate the set of rules to which they are subject. Four main...
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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
20 Apr 2017

District Judge Rules That Dodd-Frank Allows SEC to Bring Securities Fraud Claims Over Certain Foreign Transactions

Cleary Gottlieb Steen & Hamilton

Last week a Utah federal judge ruled that a provision of Dodd-Frank[1] authorizes the US Securities and Exchange Commission (‘SEC’) to bring fraud claims concerning securities bought or sold entirely...

OBLB categories

  • Financial Regulation
21 Mar 2017

The Battle Against Harmful Phoenix Activity: An Australian Perspective

Helen Anderson | Michelle Welsh | Jasper Hedges

We are a team of academics at Melbourne Law School and Monash Business School who are investigating the regulation of phoenix activity as part of a project funded by the Australian Research Council...
Featured

OBLB categories

  • Corporate Finance
30 Aug 2016

The Logic and Limits of Event Studies in Securities Fraud Litigation

Jill Fisch | Jonah Gelbach | Jonathan Klick

Event studies are ubiquitous in securities fraud litigation. Litigants use economist-prepared event studies to address several key elements, including loss causation, reliance, materiality and...

OBLB categories

  • Financial Regulation
13 Jul 2016

Sham and Remedial Doctrines

Alexander A. Boni-Saenz

The recently leaked Panama Papers appear to expose widespread use of offshore trusts for tax evasion, money laundering, and other illegitimate forms of asset protection. These developments animate...

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