Given its high level of regulation, the gambling industry must be able to react quickly to litigation and resulting change in policy (and enforcement thereof). Using a case study approach, this short paper highlights how the twin issues of policy and litigation have recently impacted the...

Law enforcement has a vested interest in catching alleged money launderers. Suspicious Activity Reports (SARs) filed by financial institutions are a useful tool in this endeavor and can potentially direct law enforcement to criminal enterprises. But SARs are just that — reports of suspicious...

This case study analyzes the reasons for failures by Credit Suisse banking advisors prior to the recent financial crisis and attempts to develop a strategy for international law that will dis-incentivize advisors from failing, thereby averting consumer losses in the future.The paper does not...

When things go wrong, it is always good to find someone to blame. As the credit crisis started to unfold in 2007, credit rating agencies (“CRAs”) emerged as the villain – or scapegoat, one might say – for commentators and regulators alike. To sum up, observers accused CRAs of doing a...

While English schemes of arrangement have proved to be a popular restructuring tool for non-English companies, their jurisdiction basis has been controversial. Recent cases (the latest being Re Rodenstock [2011] EWHC 1104 (Ch)) show that the position is far from stable. This article maps out the...

This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

This paper discusses the increasing interest in whistleblower legislation to advance the anticorruption project. The author identifies the several references to whistleblower protection in international anticorruption treaties and the introduction of whistleblower protection in several...

Free-market capitalists believe in the syllogism that if a free market results in progress, and if progress is good, then by definition, a free market must be good. Two hundred years of economic development stand in testament to this premise. The capitalist model, premised on the notion of a...

This Article urges that while the CISG is primary authority for resolution of cases arising under it, courts and commercial parties should neither over emphasize the importance of Article 2 in CISG cases nor completely neglect or overlook the limited role it might play where its provisions on...

The purpose of this Essay is to analyze the treatment and the types of tort and strict liability claims that courts are likely to redirect toward the Code's Article 2 remedies. This Essay examines the typical application of the economic loss doctrine, including the bargain policy underlying the...