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  • Commercial Law
14 Oct 2019
6 min to read

Autonomous Vehicles, Software and Product Liability: Have the Law Commissions Missed an Opportunity?

Leah Grolman

Whether the Consumer Protection Act 1987 (CPA) applies to software is a topic of considerable uncertainty. Since the 1980s practitioners and scholars have debated whether the European product...

OBLB categories

  • M&A
11 Oct 2019
4 min to read

M&A Transactions and the New Brazilian Data Protection Law

Daniel Tardelli Pessoa

M&A transactions involving entities processing personal data will be subjected to the new Brazilian General Data Protection Law (Lei Geral de Proteção de Dados or ‘LGPD’) when this legislation...

OBLB categories

  • Commercial Law
07 Oct 2019
5 min to read

Overestimating party autonomy? The enforcement of security interests under the draft MAC Protocol to the Cape Town Convention

Thomas Keijser

The hugely successful Convention on International Interests in Mobile Equipment (the Cape Town Convention) and its current Protocols for aircraft equipment, railway rolling stock and space assets...
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OBLB categories

  • Brexit
07 Oct 2019
4 min to read

The Poisoned Brexit Extension Request

Horst Eidenmüller, St Hugh's College

Assume you are the British Prime Minister and your preference ranking on Brexit is as follows. Your primary goal is for the UK to leave the European Union (EU) on 31 October 2019 on the terms you...
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OBLB categories

  • Brexit
  • Commercial Law
  • Competition/ Antitrust
  • Corporate Finance
  • Corporate Governance
  • Corporate Tax
  • Financial Regulation
  • M&A
26 Sep 2019
2 min to read

2018 Oxford Business Law Blog Round-Up: Top 20 Most Read Posts

OBLB Editors

Thanks to the quality of its posts, the OBLB attracts wide readership. In 2018 alone, the OBLB website was visited over 300,000 times, that is more than 25,000 monthly. Our readers came to our...

OBLB categories

  • Commercial Law
24 Sep 2019
2 min to read

International Recognition of Singapore’s New Restructuring Framework

Aurelio Gurrea Martínez

In the past years, Singapore has modernized its insolvency framework with the purpose of becoming an international hub for debt restructuring. One of the most significant reforms has affected the...

OBLB categories

  • Financial Regulation
23 Sep 2019
4 min to read

FCA Final Guidance on Cryptoassets: jettisoning tech-neutrality?

Rory Copeland

On 30 July 2019 the Financial Conduct Authority (FCA) issued its Final Guidance on its approach to cryptoassets. An ambiguity which the Final Guidance has caused concerns the FCA's previously...

OBLB categories

  • Competition/ Antitrust
  • Corporate Governance
29 Aug 2019
4 min to read

The Dilemma of Shareholder Engagement by Large Fund Groups

Suren Gomtsian

A small number of large fund groups have become an increasingly influential force by controlling a significant share of publicly-traded companies, a phenomenon often termed ‘common ownership’. They...

OBLB categories

  • Corporate Governance
  • Financial Regulation
28 Aug 2019
5 min to read

Individual Accountability in Financial Services—the UK and US Compared

Omar Salem | Jerome Roche

The UK has recently embarked on far-reaching reform to its approach to senior management accountability in financial services, in contrast to the US’s approach, which has seen more evolutionary...

OBLB categories

  • Corporate Finance
  • Financial Regulation
21 Aug 2019
2 min to read

The Treatment of Cryptotokens at English Law: Back to the Future

Simon Gleeson

The UK Jurisdiction Task Force (UKJT) is one of the six taskforces of the LawTech Delivery Panel, formed with the aim of ensuring that English law and the jurisdiction of England and Wales together...

OBLB categories

  • Financial Regulation
14 Aug 2019
4 min to read

Report of the Inter-Ministerial Committee on Virtual Currencies: A missed opportunity for India

Shehnaz Ahmed

Recently, an Inter-Ministerial Committee (IMC) constituted by the Ministry of Finance, Government of India released a report recommending a law to ban cryptocurrencies in India. The proposed law...
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OBLB categories

  • Financial Regulation
06 Aug 2019
4 min to read

Regulatory Technology: Eight Policy Recommendations

Eva Micheler | Johannes Jiang

Recent advances in computer science make it possible to develop technology to facilitate the delivery of regulatory requirements. This technology is referred to as ‘regulatory technology’ or ‘RegTech...

OBLB categories

  • Commercial Law
22 Jul 2019
5 min to read

Reform of China’s ‘Forced’ Technology Transfer Policies

Dan Prud'homme

The US-China ‘trade war’ has captured headlines for more than a year now. One of the primary justifications given by the US government for this onslaught—including a WTO case, tariffs, export...

OBLB categories

  • Financial Regulation
19 Jul 2019
5 min to read

Let’s Agree on Common Identity Verification Rules for a Common Digital Banking Market

Jonas Sturies

Challenger banks do not only challenge traditional banks but also the rules aimed at them. The detail, how banks have to verify the identity of new customers in different jurisdictions, shows how...
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OBLB categories

  • Commercial Law
15 Jul 2019
5 min to read

Big Data and the Obsolescence of Consumer Credit Reports

Nikita Aggarwal, Brasenose College

The consumer credit reporting system performs three main functions. First, sharing data about consumers reduces the asymmetry of information in consumer credit markets, whereby credit providers...

OBLB categories

  • Corporate Governance
  • Financial Regulation
09 Jul 2019
3 min to read

The Case Against the Implementation of Loyalty Shares in Spain

Aurelio Gurrea Martínez

The Spanish Ministry of Economy has recently released a new bill that, among other aspects, proposes an amendment of the Spanish Companies Act to allow listed companies to adopt loyalty shares. These...
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OBLB categories

  • Commercial Law
04 Jul 2019
5 min to read

The Gig Economy Calls for Identification Within the Indian Labour Laws

Sonam Srivastava | Kushagra Srivastava

The Indian employment laws mandate a person to fall under the definition of ‘employee’ in order to avail the underlying benefits. In this scenario, a gig worker (who is rather a freelancer working on...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • Corporate Governance
26 Jun 2019
4 min to read

Private Benefits and Corporate Investment and Financing Decisions: The Case of Corporate Philanthropy

Ronald Masulis | Syed Walid Reza

What is the (opportunity) cost of private benefits of control? Using dollar cost of corporate giving to measure private benefit of control, we show in our study ‘Private Benefits and Corporate...

OBLB categories

  • Commercial Law
  • Corporate Governance
24 Jun 2019
9 min to read

Centros@20 Series: The Illusion of Motion: Corporate (Im-)mobility and the Failed Promise of Centros

Carsten Gerner-Beuerle | Federico M. Mucciarelli | Edmund Schuster | Mathias Siems

It has now been twenty years since the European Court of Justice delivered its landmark Centros­ decision, followed by a string of cases similarly supportive of corporate mobility. In theory, these...

OBLB categories

  • Commercial Law
07 Jun 2019
4 min to read

In Code(r) We Trust? Rethinking ‘Trustless’ Smart Contracts

Mimi Zou, Regent's Park College | Grace Cheng | Marta Soria Heredia

Trust is an integral aspect of all human relationships. Trust facilitates social cooperation and coordination. Contractual relationships are no exception. Non-legal mechanisms such as reputation and...

OBLB categories

  • Commercial Law
  • Corporate Governance
  • Financial Regulation
28 May 2019
4 min to read

Centros@20 Series: Centros, California’s 'Women on Boards' Statute and the Scope of Regulatory Competition

Jill Fisch | Steven Davidoff Solomon

It has been twenty years since the European Court of Justice issued its decision in Centros Ltd. v. Erhvervs - og Selskabsstyrelsen (Centros). Since that time, Centros has been widely understood as...

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