In a world where the grocery store may be more powerful than the government and corporations are the governors rather than the governed, the notion of corporations being only private actors is slowly evaporating. Gone is the view that corporations can focus exclusively on maximizing shareholder...

In the last decade, a new kind of financial technology or “fintech” has emerged, bringing with it a host of legal issues. The most commonly known cryptocurrency, Bitcoin, is touted as the alternative to traditional money systems. Dozens of exchanges have emerged that can be used to store and...

The UK's withdrawal from the European Union will have – and already has – a dramatic impact on the political, legal and economic landscape, both in Britain and on the continent. This contribution takes a closer look at the effects on individual relationships and businesses. Against the...

Europe has witnessed an intensive debate on collective redress over the course of the last decade. Discussions in Europe are characterized by opposing views in the Member States and fear for abusive litigation. In June 2013, the European Commission released its long-awaited policy in the form of...

In its most recent Halliburton II decision, the Supreme Court rejected an effort to overrule its prior decision in Basic Inc. v. Levinson. The Court reasoned that adherence to Basic was warranted by principles of stare decisis that operate with “special force” in the context of statutory...

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...