This paper exposits a model of parallel trading of corporate securities (shares, bonds) and derivatives (TRS, CDS) in which a large trader can sometimes profitably acquire securities with their corporate control rights for the sole purpose of reducing the corporation's value and gaining on a net...

The Securities and Exchange Commission (SEC) is currently considering a rulemaking petition requesting that the SEC develop rules requiring that public companies disclose their spending on politics. The petition, which was submitted by a committee of ten corporate law professors that we...

We provide an overview of Indian corporate governance practices, based primarily on responses to a 2006 survey of 370 Indian public companies. Compliance with legal norms IS reasonably high in most areas, but not complete. We identify areas where Indian corporate governance is relatively strong...

This article aims to identify and examine the key issues impacting China’s financial regulation in light of the recent global financial crisis (GFC). The investigation generates a number of important findings. First, the effects of the GFC on China’s financial system have been relatively...

This article examines the EU market for corporate control and seeks to identify possible infringements of EU fundamental freedoms, and more specifically of freedom of establishment and of free movement of capital, at this segment of the internal market. This examination will take place in the...

Risk management and oversight have long been recognized as core corporate governance issues and have gained renewed attention in the wake of the financial crisis. Following global trends, recent corporate governance reforms in China also focus on risk oversight and risk management. This article...

Although a comparative approach is used, the primary focus of this article is how recent legislative changes and market events have influenced the Canadian securities landscape. In doing so, this Article contributes to the ongoing debate on public and private enforcement by evaluating securities...

Cross-border insolvency has been an intractable and growing problem given increasing trade globalisation. When creditors and debtors are located in different jurisdictions, the problems of coordination are compounded by differences in legal systems, substantive laws, and private international...

This paper considers the extent to which the loyalty-based duty on directors to act to promote the success of the company can legitimately accommodate the divided loyalties of nominee or outside directors appointed to represent the interests of a third party. This gives rise to a complex...

In late June 2012, Barclays entered into a $453 million settlement with UK and U.S. regulators due to its manipulation of Libor between 2005 and 2009. Among the agencies that investigated Barclays is the Department of Justice Antitrust Division (as well as other antitrust authorities and...