Volume 80, Issue 1
This article examines whether arbitration boilerplate from third-party boilerplate providers avoids the problems with contractual boilerplate identified by Choi, Gulati, and Scott, and concludes that…
This article examines the authority of arbitrators to fill gaps in international commercial contracts, the prevailing approaches to gap-filling, and the difficulties of applying those approaches to l…
The term "Caremark duties" is an accepted shorthand for a director's proactive monitoring obligation. The Delaware-specific doctrine has evolved over time, and this Article examines whether other jur…
This article provides a roadmap for operating companies and their counsel when analyzing the company's status under the Investment Company Act and presents options a company may wish to consider to a…
This Article offers new insights into SEC enforcement, showing how case-level data reshapes key metrics, such as total number of actions initiated, penalty amounts imposed, and number of individuals…
The Committee has approved, conforming changes to amendments relating to Appraisal Rights (Sections 1.40 and 6.40 and Chapter 13).
The Annual Survey Working Group reports annually on the decisions we believe are the most significant to private equity and venture capital practitioners.
This Survey provides seven law review articles intended to offer a useful summary of the cutting-edge issues influencing the intersection of law and technology, selected for their relevance to The Bu…
While the business benefits of AI are compelling, equal weight must be given to safeguarding the privacy, security, and socio-economic interests of consumers.
Select regulatory and commercial developments and judicial guidance illustrate emerging approaches for managing risk posed by artificial intelligence, particularly generative AI.
There has been a shift in the regulation of AI over the past year to legislation that places the onus on various parties in the AI ecosystem (not limited to the deployer) to implement comprehensive A…
Increased use of Artificial Intelligence (AI) has broadened regulatory concerns about potential consequences of AI decision-making, especially in decisions related to employment, healthcare, finance,…
The overarching theme in this year's survey is the unacceptable distance between some depository financial institutions and the third-party fintech partners for which banks are obligated to provide m…
While Section 230 has enabled the generation of trillions of dollars in global wealth and commerce, each year it is tested in courtrooms throughout the country.
Market manipulation spans commodities, securities, crypto, and FinTech. Regulators combat schemes like spoofing, pump-and-dump, and AI-driven fraud, focusing on cybersecurity, transparency, and evolv…