This paper focuses on the fundamental principles underlying effective enforcement by regulators. In particular, this paper analyzes the critical role of the criminal law and judges in effectively addressing capital markets misconduct. It also analyzes how securities regulators can best structure...

This article reports on a study of potential systemic bias in the resolution of ambiguous legal issues by investment treaty arbitrators. It outlines tentative but significant findings that the arbitrators in general tended to favour (a) foreign investors over states in general, (b) foreign...

Fiduciary monitoring has become a hot topic as a result of the U.S. Supreme Court's decision in Tibble v. Edison International, according to recent expert insights published by Analysis Group Managing Principal D. Lee Heavner and Fiduciary Leadership LLC Managing Director and Analysis Group...

Recent years have seen a rediscovery of the fact that a healthy financial and economic system cannot be based on the lowest common behavioural denominator of what is technically permissible under the black letter of the law. Something more is needed – variously described as ‘sound culture',...

Twice in thirty years, the “mad scramble to the U.S. Courts for immediate attachments …” seemingly characteristic of cross-border cases prompted a legislative fix to this nation’s federal restructuring system, with territorialism giving way to progressively more pronounced...

Since the record-breaking sale of ‘Everydays: The First 5000 Days’ by Mike Winkelmann (better known as Beeple) most people in the art market know what an NFT (non-fungible token) is and that there is significant potential to make money with this ‘artistic movement’. ‘Everydays’...

This Article advances the retirement reform debate by looking more closely at the fiduciary relationship that exists between trustees and beneficiaries involving public sector employee pension funds. It offers a singular view from historic equity. The Article aims to see how equity in the...

This Article analyzes the way federal courts have conducted their superiority inquiries on motions for class certification in transnational class actions. Opt-out class actions under Rule 23(b)(3) conflict with an important premise of legal systems around the world, namely, that one cannot be...