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  • Commercial Law
23 Jan 2020
4 min to read

AI-Enabled Business Models in Legal Services: From Traditional Law Firms to Next-Generation Law Companies?

John Armour, Faculty of Law | Mari Sako, Saïd Business School

The application of artificial intelligence (AI) and related technologies is poised to transform the way value is created and captured in professional services. AI involves the use of computer systems...

OBLB categories

  • Commercial Law
22 Jan 2020
5 min to read

On the Uniform Construction of Contract Boilerplate

Gregory Klass

Contract language is often recycled. The same words get reused in separate transactions between different parties. Generally speaking, the fact that different parties use the same boilerplate does...

OBLB categories

  • Commercial Law
20 Jan 2020
6 min to read

Fatal Flaws in Financing Personal Bankruptcy: The Curious Case of Russia in Comparative Context

Jason Kilborn

No private business would arrange its service delivery in such a way that the cost to customers knowingly exceeded the budgets of its target market. And no private business would knowingly allow its...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • Financial Regulation
15 Jan 2020
2 min to read

A Review of Katharina Pistor's 'The Code of Capital: How the Law Creates Wealth and Inequality'

Massimiliano Vatiero

This new, brilliant and clear (including for non-experts) book by Katharina Pistor is titled 'The Code of Capital' and explores, as the subtitle specifies, 'How the law creates wealth and inequality...

OBLB categories

  • Commercial Law
09 Jan 2020
5 min to read

Restructuring Argentina's Sovereign Debts - Navigating the Legal Labyrinth

Sebastian Grund

For almost two years, Argentina has been facing a severe economic recession and has not had the ability to access international capital markets. This has left Argentina vulnerable to a sovereign debt...

OBLB categories

  • Commercial Law
  • Corporate Finance
07 Jan 2020
2 min to read

Understanding US Regulatory and Market Access Considerations to Help Accelerate Growth for FinTechs

Shearman & Sterling

In 2018, United States venture capital firms invested over $10.5 billion in FinTech firms across 1,042 deals. And of the 48 FinTech ‘unicorns’ valued at over $1 billion, the US is home to 28 of them...

OBLB categories

  • Commercial Law
20 Dec 2019
3 min to read

Corporations Do Matter in Private Law Theory

Andrew Gold | Paul Miller

Corporations are neglected in private law theory. As we argue in ‘The Corporation as a Category in Private Law’, this is unfortunate. Corporations are objects of both private and public law, with...

OBLB categories

  • Commercial Law
12 Dec 2019
3 min to read

Corporate Restructuring under Relative and Absolute Priority Default Rules: A Comparative Assessment

Jonathan M. Seymour | Steven L. Schwarcz

The European Union recently adopted a Restructuring Directive intended to facilitate the reorganization of insolvent and other financially troubled firms. Although the central goal of the Directive...

OBLB categories

  • Commercial Law
11 Dec 2019
3 min to read

Trade secrets and the right to information: A comparative analysis of EU and US approaches to freedom of expression and whistleblowing

Sharon K. Sandeen | Ulla-Maija Mylly

With news of whistleblowers, alleged spies and breaches of confidence entering the public consciousness of late, it is important to consider how the public’s right to discover and learn information...
Featured

OBLB categories

  • Commercial Law
10 Dec 2019
6 min to read

The Ridiculous Drama in Rome Over Proposals to Reform the ESM Treaty

Theresa Arnold | Ugo Panizza | Mitu Gulati

As of this writing in December 2019, a remarkable debate over sovereign debt contract clauses is going on in Rome, in the Italian parliament (see here and here). Indeed, the debate has become so...

OBLB categories

  • Commercial Law
  • M&A
10 Dec 2019
3 min to read

Reviewing Cross-border Mergers at EU Level

Thomas Papadopoulos

This blog post reviews the implementation of the Cross-border Mergers Directive (the ‘CBMD’)[1] and contemplates on future perspectives. It is based on a chapter published recently in an edited book...

OBLB categories

  • Commercial Law
  • Competition/ Antitrust
  • Financial Regulation
09 Dec 2019
3 min to read

The Invisible Hand, the Regulatory Touch or the Platform’s Iron Grip?

Aluma Zernik

The ‘invisible hand’ has become an icon for an economic philosophy which assumes that a laissez-faire governmental policy will result in optimal social and financial outcomes as market forces will...

OBLB categories

  • Commercial Law
  • Corporate Governance
  • Financial Regulation
06 Dec 2019
4 min to read

A Behavioural Ethics Approach to Legal Compliance

Yuval Feldman | Yotam Kaplan

Wrongdoing is ubiquitous. Media outlets relentlessly report a seemingly ceaseless stream of deleterious human behaviour, from consumer fraud and financial misrepresentation to corporate and political...

OBLB categories

  • Commercial Law
05 Dec 2019
3 min to read

Contracting for Personal Data

Kevin E. Davis | Florencia Marotta-Wurgler

Should traditional rules of contract law apply to transactions in markets for personal data involving consumers? The protection of consumer information in the United States (US) has followed a ‘...

OBLB categories

  • Commercial Law
04 Dec 2019
4 min to read

Blockchain and human rights: utopia, or dystopia, or both?

Thibault Schrepel

My paper, 'Anarchy, State, and Blockchain Utopia: Rule of Law Versus Lex Cryptographia', written as a chapter of the collective book entitled General Principles and Digitalisation (Hart Publishing,...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • Financial Regulation
02 Dec 2019
2 min to read

Call for Papers: The Future of Banking and Finance in the Digital Era

Dora Neo | Sandra Booysen

The Centre for Banking & Finance Law (CBFL) at the Faculty of Law, National University of Singapore is holding a conference on the Future of Banking and Finance in the Digital Era on 9 - 10 March...

OBLB categories

  • Commercial Law
  • Corporate Governance
29 Nov 2019
4 min to read

Corporate Governance in a Networked Age

Mark Fenwick | Erik P. M. Vermeulen

We are currently experiencing a technology-driven transformation in how companies organize themselves. The proliferation of networked digital technologies is forcing companies to reconsider every...

OBLB categories

  • Commercial Law
  • Corporate Governance
  • M&A
28 Nov 2019
4 min to read

One Duty to All: The Fiduciary Duty of Impartiality and Stockholders’ Conflict of Interest

Shachar Nir

The typical structure of corporations with multiple classes of stock consists of multiple classes of preferred stock and one or more types of common stock. These structures are most commonly used in...

OBLB categories

  • Commercial Law
  • Corporate Governance
27 Nov 2019
3 min to read

Addressing the Auditor Independence Puzzle: Regulatory Models and Proposal for Reform

Martin Gelter | Aurelio Gurrea Martínez

Auditors play a major role in corporate governance and capital markets. Ex ante, auditors facilitate firms’ access to finance by creating trust from public investors. Ex post, auditors can prevent...

OBLB categories

  • Commercial Law
  • M&A
26 Nov 2019
4 min to read

Abuse of Companies through Choice of Incorporation?

Martin Gelter | Lécia Vicente

Can the choice of place of incorporation constitute an abuse of the corporate form? The case law of the Court of Justice of the European Union (CJEU) is telling for it spells out the Court’s...

OBLB categories

  • Commercial Law
25 Nov 2019
3 min to read

The promise and perils of InsurTech

Lin Lin | Christopher Chen

In recent years, the rise of financial technology (FinTech) has attracted much interest, in part, due to the rapid technological developments to the provision of financial services. New technological...

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