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Finance

Posted on in Commercial Litigation/Finance/Volume VI

An Examination of Commercial Litigation Funding in the United States

By Chance King Introduction  Litigation funding, also known as third-party financing or legal finance, has a rich and evolving history in the United States. It refers to the practice where a third party provides financial support to a plaintiff in exchange for a portion of the potential monetary proceeds from a lawsuit. Over the years,… Keep Reading

The Erosion of Public Trust in the U.S. Bankruptcy System: Causes and Consequences

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

M&A: Twitter and Elon Musk

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

Posted on in Business Organizations/Finance/Public Policy/Volume V

An Implied Yet Mandatory Contractual Duty: its Development and Implications

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

Posted on in Finance/Government/Real Estate/Volume V

Why the Next Housing Crash Won’t Cause Another Great Recession

By Benjamin Miles The word on Wall Street is a recession is looming. After all, we are technically in a recession, given that in the last two consecutive quarters, the economy has contracted. With the unemployment rate at 3.7% and housing prices still near recent highs, many are reluctant to describe the current economy as a recession.… Keep Reading

Posted on in Bankruptcy/Finance/Investment/Real Estate/Volume IV

SARE Debtors and the Post-COVID-19 Effect on the Efficient Market: How SARE Debtors Must Now Prepare for Bankruptcy Filings

by Shantal Malmed The COVID-19 pandemic initially caused a reduced cash flow making it difficult for landlords to make timely mortgage payments. As much of the workforce is now remote, tenant income has decreased, and the commercial and residential real estate markets have suffered. Landlords whose incomes stem from revenues produced by single residential properties,… Keep Reading

The Effects of the GameStop Market Disruption

by Marquis Cardwell The GameStop market disruption has exposed the strength of self-directed investors and the power of online forums, which will force investment institutions to adapt their strategies to the rapidly growing market forces. This market disruption was spurred by r/wallstreetbets, a Reddit forum that actively targets stocks that have a possibility of exploiting… Keep Reading

Posted on in Finance/Government/Investment/Public Policy/Volume III

Community Credit Unions, California State Credit Unions, and Community Banks: American Bankers (2019) Reignites the Tax Exemption Debate and Highlights an Opportunity

By Johnathan Bender            I. Introduction: Already serving over 122.3 million members throughout the United States and with over $1.5 trillion in assets, credit unions (CU) have successfully competed with both small and large commercial banks for consumers over many decades.[1] As the CU membership field requirements are being relaxed and the services offered are being… Keep Reading

Posted on in Finance/Government/Public Policy/Volume III

Will the Consumer Financial Protection Bureau Start Regulating Commercial Lending to Small Businesses? A brief analysis of the current state of commercial regulation and evaluating its future

By Scott Natsuhara            We now live in a world where we are accustomed to heavy disclosures and regulations in our daily banking transactions. It may be hard to believe that before the Frank-Dodd Act, opening a bank account or applying for a loan required only a fraction of the paperwork.  Neither did applying for new… Keep Reading

Posted on in Finance/Investment/Public Policy/Volume II

The Razor’s Edge: How the Trump Administration is Loosening Dodd-Frank and the Ramifications of its Actions

By Nabi Menai             Perhaps one of the most cataclysmic events of the 21st century was the financial crisis that began in 2008. Not only did it send the United States into a historic recession, its effects reverberated around the world and the ramifications of the crisis can still be felt today. Banks and law… Keep Reading

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