During 2014 news stories emerged that eventually revealed and caused General Motors (GM) to admit that the corporation took more than ten years to recall millions of vehicles because of an elaborate cover-up related to defects in its engine ignition switches. Beyond the tragedy of at least 100...

To listen to the Chamber of Commerce, one would think that class actions are the most significant scourge on business ever conjured up by man. In brief after brief to the Supreme Court, the Chamber of Commerce and other business amici tell the same story: Meritless class actions, filed by...

After an unexpectedly slow start, the Trump Administration's deregulatory push finally gained momentum in late 2017. In the field of student lending, this slowdown affected the Department of Education (DOE), the Consumer Financial Protection Bureau (CFPB), and the Department of Justice (DOJ)....

When the Supreme Court (“Court”) handed down its opinions in AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011), the majority's holding engendered breathless (at least in legal terms) headlines. Clearly, without a smidgen of doubt on the part of arbitration's opponents and proponents, five...

With debts rising faster than new graduates' starting salaries, a student debt crisis has the potential to haunt the nation much in the way the mortgage crisis did ten years ago. Beginning in 2016, a new mood dampened the federal bureaucracy's regulatory pace. The DOE, led by Secretary Elisabeth...

In the most common type of veil piercing, the plaintiff is trying to make a shareholder liable for the debts of the corporation. It is less well recognized that there is a second type of claim that has sometimes been referred to in Canadian courts as piercing the corporate veil, where the claim...

This article explores how issuer liability reallocates fraud risk and how risk allocation may reduce the incidence of fraud. In the US, the apparent absence of individual liability of officeholders and insufficient monitoring by insurers undermines the potential deterrent effect of securities...

International law is not known for being quick or effective. Cases can drag on for years, have limited legal force, and are infamous for noncompliance. Until recently, the World Trade Organization (WTO) dispute settlement process had served as a beacon of hope for being one of the fastest and...