The SEC has now addressed the contentious issue of short-selling in the wake of the financial crisis. While it did not adopt a full-time restriction on short sales, it instituted what tha...

A “break – up fee” is a very common deal - protection mechanism, both inside and outside of chapter 11, designed to compensate an initial bidder in an auction for its efforts in con...

In a highly anticipated decision, on March 22 a split panel of the 3rd U.S. Court of Appeals affirmed the District Court by holding in In re Philadelphia Newspapers, LLC that a debtor may...

This report explores the history of the taxation of derivative gains and losses, in the hope of making some sense of where we are now, as well as some suggestions about improving the stat...

Corporate governance is in a state of unprecedented ferment. In response to pressures from shareholders and advisory groups, the governance practices of large companies have been steadily...

Fill in the blank: “The last 18 months have been a time of testing for ____.” Your answer says a lot about you: “Those who lost their jobs” shows your compassion; “the economy,?...

RiskMetrics Group has recently overhauled its core corporate governance yardstick (announced here).  

The loan markets began 2009 in the shadow of the credit crunch that began in the summer of 2007 and escalated to a credit meltdown in the fall of 2008. The average secondary bid for insti...

Few consumer protection statutes nationwide are as expansive as California’s Unfair Competition Law, a statute that protects consumers from “unlawful, unfair or fraudulent” business...