THE RIGHT OF PUBLICITY: PRIVACY REIMAGINED FOR A PUBLIC WORLD (Harvard University Press 2018), 256 pages, considers the opportunities and risks that today’s right of publicity laws pose. The right of publicity has become a negative force ― suppressing speech, blocking otherwise lawful uses...

There is ambiguity whether New York law permits a judgment creditor to enforce its claim against the debtor’s interest in an inherited individual retirement account (IRA). In contrast, some states have enacted legislation that protect inherited IRAs from creditors of a beneficiary. The article...

Insider trading, the most conspicuous misbehaviour of the stock market, is additionally one of the most troublesome & difficult one to crack by regulators around the globe. Insider trading is a term dependent upon numerous definitions and meanings and it envelops both lawful and disallowed...

Companies depend on financial borrowing for a flourishing business. Lenders hesitate less when the company's personnel assure repayment by becoming its guarantors. That is, such personnel are the kind of sureties who will pay if their company is unable to repay. If the company later becomes...

In this brief paper I will try to explain three main problems we have when we are, just now, drafting our insolvency law, all relate to the new era of the insolvency matters and the participation on it, as mandatory, not only the creditors but also the partners, in different ways and with...

Consumer financial protection law is dominated by ex-ante, contract-centered regulatory measures. But these measures largely fail to curb lenders' incentive to lend beyond consumers' ability to repay. The Article thus suggests an alternative approach: discouraging lenders from extending loans...

In the context of the reform of bankruptcy law, the improper granting of credit and the restructuring of debts of a company have received a more comprehensive regulatory definition, with a clearer identification of the situations and responsibilities: an issue of peculiar interest for banks...

Many Anglo-American jurisdictions aim to provide debtors with a 'fresh start' after a personal bankruptcy. However, we query the extent to which debtors can achieve a fresh start if records of individual bankruptcies are publicly available, with no restrictions on their use. To inform the legal...

Section 365 of the Bankruptcy Code (“Code”), which focuses on the post-petition continuation of pre-petition contractual relations, controls the assumption and rejection of executory contracts and unexpired leases by a trustee or debtor-in-possession (“DIP”) in all bankruptcy cases....