Ann Lipton on Mandatory Stakeholder Disclosure

Ann Lipton, associate professor in business law at Tulane University, joins the Business Scholarship Podcast to discuss her recent article Not Everything is About Investors: The Case for Mandatory Stakeholder Disclosure. In this article, Lipton questions the use of securities filings for non-investor-centric disclosures and calls instead for disclosure by large enterprises that is rooted in social interest, rather than public-company status.

John Coyle on the History of the Choice-of-Law Clause

John Coyle, professor of law at the University of North Carolina, joins the Business Scholarship Podcast to discuss his recent article A Short History of the Choice-of-Law Clause. Coyle uses a historical survey of published cases and form books to trace the growth of the contractual choice-of-law clause from early domestic and commercial uses in the late 19th century through the adoption of the Uniform Commercial Code and the “Conflicts Revolution” in the 1950s and 1960s.

Jennifer Arlen on Overseas Deferred-Prosecution Agreements

Jennifer Arlen, professor of law at New York University, joins the Business Scholarship Podcast to discuss her recent paper The Potential Promise and Perils of Introducing Deferred Prosecution Agreements Outside the U.S. In this paper, Arlen examines recent British and French efforts to introduce U.S.-style DPAs in corporate enforcement. She explains that although these efforts offer rule-of-law improvements over the U.S. approach, they are not yet fully aligned to helping prosecutors detect and deter corporate misconduct.

Benjamin Edwards and Anthony Rickey on Hidden Conflicts in Securities Litigation

Benjamin Edwards, associate professor of law at the University of Nevada, Las Vegas, and Anthony Rickey, founder of Margrave Law LLC, join the Business Scholarship Podcast to discuss their recent article Uncovering the Hidden Conflicts in Securities Class Action Litigation: Lessons From the State Street Case. Edwards and Rickey examine potential plaintiff-side attorney conflicts in securities class actions that persist despite passage of reform legislation in the 1990s. They propose new litigation disclosures as a way to combat those potential conflicts.

Natasha Sarin on Making Consumer Finance Work

Natasha Sarin, assistant professor of law at the University of Pennsylvania, joins the Business Scholarship Podcast to discuss her recent article Making Consumer Finance Work. Sarin analyzes the outcomes of three Dodd-Frank era reforms to explain when regulatory interventions work, when they lead to “whack-a-mole,” and how the less wealthy subsidize other consumers in consumer finance markets.

Sehwa Kim and Seil Kim on Fragmented Securities Regulation

Sehwa Kim, assistant professor of accounting at Columbia Business School, and Seil Kim, assistant professor of accountancy at Baruch College Zicklin School of Business, join the Business Scholarship Podcast to discuss their new article Fragmented Securities Regulation: Neglected Insider Trading in Stand-Alone Banks.

In our conversation, the authors explain why some publicly held banks file their securities disclosures with the FDIC (not the SEC) and what implications this fragmented system might have for capital markets.