By Sharifa Hurt I. Introduction The legal rules of corporate governance are necessarily in place to discourage corporate greed and corruption. The situation in which corporate actors operate in self-interest at the cost of their shareholders’ demise is hardly an uncommon circumstance, and often has devastating outcomes. Theranos founder Elizabeth Holmes, defrauded investors out of… Keep Reading
By Steven Moore I. Introduction In December 2022, the House Financial Services Committee convened a hearing to investigate the collapse of the cryptocurrency exchange FTX, which occurred in early November 2022.[1] The testimony provided at this hearing, as well as subsequent reporting, exposed a shocking case of fraud and corporate malfeasance, rivaling the infamy of… Keep Reading
By Sophia Sahagun I. Introduction In December 2022, Southwest Airlines melted down. Almost 16,000 total canceled flights at the end of the month left travelers and employees stranded at airports all over the country.[1] Though at first inclement weather was blamed, later it became clear that this was a Southwest-specific problem about far more than… Keep Reading
By Benjamin Miles I. Introduction to Bankruptcy Fraud Although many foreign legal scholars praise the U.S. bankruptcy system for its effectiveness in providing a fresh start for individuals or businesses in financial distress, the American public largely has lost faith in the system because of its perceived misuse by businesses seeking to evade debt obligations.… Keep Reading
By Lauren Dickstein I. Introduction: About M&A Mergers and acquisitions, commonly known as M&A, refers to the process of combining different companies through buying and selling.[1] While M&A transactions take place in various forms or “deal structures,” they all involve the transfer of ownership of part or all of a business.[2] For example, a company… Keep Reading
By Nicole Farahan The Implied Covenant of Good Faith and Fair Dealing Contracting parties can choose to waive many duties. One duty, however, cannot be waived nor contracted around: the Implied Covenant of Good Faith and Fair Dealing (the “Covenant”). Even though the duty is not explicitly stated in an agreement between contracting parties, hence… Keep Reading
by Philip Chang Modern investors use myriad non-financial metrics to assess the economic sustainability of potential companies to invest in. One of the most relevant viability standards is Environmental, Social, and Governance (“ESG”).[1] The “environment” factor in ESG refers to a company’s efforts to conserve the natural world. From a corporation’s perspective, this concerns a… Keep Reading
By Hailey Hoyt In the modern law firm, professional inclusivity should be a standard practice. Unfortunately, at this point in time, even with heightened awareness and expectations of diversity, firm demographics remain largely unchanged from a decade ago. Despite the longstanding, stagnant nature of firm demographics, sheer practicality now demands that firms diversify or be… Keep Reading
By Marquis Cardwell The COVID-19 pandemic has caused unprecedented economic and social consequences that have adversely affected how companies operate. Various stay-at-home orders implemented across the country forced companies to cease in-person operations while still being responsible for the obligations under their leases. According to a report conducted by Motus, approximately 11 billion square feet… Keep Reading
By Claudia Fendian Introduction The Tax Cuts and Jobs Act (“TCJA”) offers no shortage of changes to U.S. tax law, but perhaps most notable is the Section 199A Deduction (commonly referred to as the “20% Deduction” or the “Pass-Through Deduction”). Understanding the requirements and implications of the 199A Deduction can be challenging.[1] Thus, this article… Keep Reading