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Bankruptcy Jurisdiction Over Foreign Entities: Exorbitant or Congruent?

As Oscar Couwenberg and Stephen Lubben have demonstrated, foreign firms commonly file bankruptcy in the US in order to take advantage of Chapter 11 of the Bankruptcy Code....

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Engineering a Venture Capital Market: Lessons from China

Venture capital (“VC”) is widely recognized as a powerful engine that can drive a nation’s innovation, job creation, knowledge economy, and macroeconomic growth. As such, governments from various jurisdictions around...

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The Resolution of Distressed Financial Conglomerates

One of the most elegant legal innovations to emerge from the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 is the FDIC’s Single Point of Entry (‘SPOE’) initiative,...

27 January 2017

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Howell E. Jackson

Stephanie Massman

Cross-Border M&A – 2017 Checklist for Successful Acquisitions in the United States

Global M&A volume in 2016 continued to be robust, reaching $3.7 trillion, approximately 40% of which involved cross-border deals, as compared to one-third in 2015. Five out of the ten...

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Wachtell, Lipton, Rosen & Katz

The Changing Landscape of Private Fund Investor Due Diligence

The importance of private fund investor due diligence in the investment allocation process, in capital formation, and in private fund litigation has reached unprecedented levels and is still increasing. Using...

30 September 2016

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Creditor Rights and Entrepreneurship: Evidence from Fraudulent Transfer Law

In this paper, we document a slowdown of entrepreneurial activity following the adoption of fraudulent transfer laws in the United States.Fraudulent transfers are viewed legally in two ways:...

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Rustom M. Irani

What Drives Bankruptcy Forum Shopping? Evidence from Market Data

Forum shopping is one of the most controversial features of American corporate bankruptcy law. The controversy dates back to Congress’ decision in 1978 to create a unified court system for...

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Jared A. Ellias

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