This is the introduction to a symposium, The New Realism in Business Law and Economics, published in the Wisconsin Law Review. The symposium features papers from Afra Afsharipour, Robert Anderson IV, Elizabeth deFontenay, Sean Griffith, Mitu Gulati (with Steven Choi and Robert Scott), Claire...

Most would agree that the Delaware courts are the leading jurists in the resolution of corporate conflicts, particularly in the Mergers & Acquisitions (M&A) context. Arguably a greater role that Delaware plays is that of a norm setter, both with respect to the expectations of management con-duct...

The European Commission's Proposal for a Regulation on European Crowdfunding Service Providers (ECSPs) for businesses, since its presentation, has faced difficult trilateral negotiations among the European Commission, the European Parliament and the Council of the European Union. The length of...

This paper explores the legal risks involved in depositing cryptocurrency with crypto-custodians such as crypto-exchanges. These risks materialize most acutely in case these crypto-custodians fall insolvent, which has happened over the last decade in several instances. Recent years have...

Dutch Abstract: De bijdrage gaat in op de wijzigingen die de laatste jaren zijn aangebracht aan het juridische kader waaraan de maatschap zonder rechtspersoonlijkheid onderworpen is. Het WVV heeft zijn invloed gehad op de maatschap, maar ook een aantal nieuwe regels op het vlak van de...

Three intermediate appellate courts in Texas have held that corporate actors—directors, officers, managers, shareholders, and probably common employees and agents—are immune from personal liability for fraud that they themselves commit as long as their deceit relates to or arises from a...

This Article, written for a symposium at Wharton celebrating Ron Gilson's scholarship, assesses Gilson, Sabel & Scott's "braided contracting" thesis, presented in their 2010 article, Braiding: The Interaction of Formal and Informal Contracting in Theory, Practice, and Doctrine. Focusing...

Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of these events falls concurrently within the purview of two or more of these commercial law branches - such...