The unlimited access to over-the-counter (“OTC”) credit derivatives may have been one of the main reasons for the financial crisis. Prior to the crisis, credit derivatives were mainly used for speculation purposes rather than as true risk-management tools. This speculation in turn resulted...

Hydraulic fracturing has been the subject of much debate recently, both in the United States and increasingly in Europe. Advances in hydraulic fracturing technology have led to a shale gas boom in the United States, significantly lowering natural gas prices, and causing some foreign businesses...

The use of blockchain technology in private investment funds is proliferating. Using a dataset of private investment fund advisers that utilize blockchain technology (N=120), we explore the core commonalities and differences in the use of blockchain technology between European and American fund...

Disruptive innovation creates increasing regulatory challenges. The reason for this is simple: Regulation is usually reactive, responding to facts. However, we currently live in a world of data, not facts. Regulation must therefore be proactive and dynamically responsive to data and trends. This...

US courts have analyzed the question of whether Section 10(b) of the 1934 Securities and Exchange Act and SEC Rule 10b-5 can be applied to foreign litigants in securities fraud cases as a question of subject matter jurisdiction. The most frequently used approach is the Second Circuit’s...

The decisions of the European Court of Justice in Centros and then in Inspire Art open up the possibility of regulatory competition in European corporate law. Now that EU Member States have to recognize each other's charters, some Member States could enact and enforce corporate law preferred by...