Oxford Business Law Blog

By many accounts, we have entered an era of unprecedented contentiousness in debtor-creditor relations. For an example of the new status quo, consider the recent actions of PetSmart, a perfectly...

In early 2009, with the financial crisis still raging, progressive policymakers successfully passed legislation upending the credit card industry. This legislation precluded card issuers from...

The market for investing in distressed debt securities, the so-called ‘vulture’ markets, has captured the interest of increasing numbers of investors and analysts. These investors, sometimes...

In 2005, the perception that wealthy executives were being rewarded for failure led Congress to ban Chapter 11 debtors from paying ‘retention’ bonuses to senior managers. Prior to the reform,...

In the United States, a significant majority of business entities incorporate in Delaware. That state’s law, therefore, applies in a great deal of litigation attacking actions taken by corporate...

In a recent study, I investigate cross-border coordination among national securities regulators and its impact on enforcement and financial reporting. The paper provides an in-depth look at the cross...

The bankruptcy courts and their appellate courts continue to explore issues of interest to practitioners and academics. This quarterly summary of recent developments in bankruptcy law covers cases...

Claims that the Trump Administration has radically reduced regulation are simply not true. Ask nearly anyone to name President Donald J. Trump's most significant domestic policy accomplishments. They...

The ability to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law. However, when a transfer by a U.S. entity takes place outside the U.S. to a non-U.S. transferee...

The bankruptcy courts and their appellate courts continue to explore issues of interest to practitioners and academics. This quarterly summary of recent developments in bankruptcy law covers cases...

In response to the recent Green Paper and the UK Government Response, the Institute of Chartered Secretaries and Administrators (‘ICSA-The Governance Institute’) and the Investment Association (‘IA...

What to do with foreign earnings held abroad is a controversial subject today and was a frequent part of the debate leading up to the 2016 US presidential election. US multinationals now hold over $2...

As shareholder litigation expands globally and increases in economic significance, so does the interest of parties in fighting over the rules that govern it and determine its scope. Sometimes this...

As Oscar Couwenberg and Stephen Lubben have demonstrated, foreign firms commonly file bankruptcy in the US in order to take advantage of Chapter 11 of the Bankruptcy Code. But critics outside the US...

Venture capital (“VC”) is widely recognized as a powerful engine that can drive a nation’s innovation, job creation, knowledge economy, and macroeconomic growth. As such, governments from various...

Global M&A volume in 2016 continued to be robust, reaching $3.7 trillion, approximately 40% of which involved cross-border deals, as compared to one-third in 2015. Five out of the ten largest...

The importance of private fund investor due diligence in the investment allocation process, in capital formation, and in private fund litigation has reached unprecedented levels and is still...

In this paper, we document a slowdown of entrepreneurial activity following the adoption of fraudulent transfer laws in the United States. Fraudulent transfers are viewed legally in two ways: actual...

Forum shopping is one of the most controversial features of American corporate bankruptcy law. The controversy dates back to Congress’ decision in 1978 to create a unified court system for both...