On Thursday, September 7, 2017, the credit reporting giant Equifax Inc. revealed that “highly sensitive personal and financial information for around 143 million U.S. consumers was compromised in an [ongoing] cybersecurity breach” that started as early as mid-May of 2017.1 According to Equifax, criminals were able to access, among other things, “the social security numbers,…
Year: 2018
Uncertainty With Chinese Foreign Direct Investment Under the Trump Administration; Expanding Role of CFIUS
The People’s Republic of China has grown into the world’s second largest economy, the largest manufacturing nation, and a major political/diplomatic presence at a rapid pace. For the first few decades post-1950, China relied on an inflow of foreign direct investment (“FDI”) while the country’s ability to offer cheap labor to companies and lopsided trade…
Green Finance to Fuel Sustainable Development
Nations around the world have taken action to address climate change. The Paris Agreement adopted in 2015 set goals for participating member states to reduce their impact on climate change and keep global temperatures below a certain threshold.1 Governments have enacted various regulations taking environmental effects into account, such as the Clean Air Act and…
Corruption Scandal in College Basketball
In the sportswear industry, Nike is the main player, but well-known competitors Adidas, Under Armour, and others are constantly attempting to improve their position in the market. One way an apparel company can gain an edge is to sign superstar athletes to wear their gear and advertise their brand. Famously, professional basketball players LeBron James,…
Where are the Funding Portals? (Part 2)
In the previous blog post, I detailed the reasons behind why there haven’t been very many funding portals.1 This blog post will propose an idea that would allow many more companies to register as funding portals. This would hopefully allow small companies more access to regulation crowdfunding offerings, and place the number of funding portals…
Co-determination in Germany: A Model for the U.S.?
The American conception of the duty of loyalty requires that directors act solely in the best interest of the corporation.1 In Germany, however, corporations are perceived to serve a broad social function rather than simply aiming to serve shareholder interests, and there is significant freedom under German law for company directors to factor in considerations unrelated to profit…
Can a Loan Acquirer be a Loan Originator?
The outcome of a recent mortgage case from the Fourth Circuit offers potentially exciting news to financial institutions engaged in the business of buying loans. Although the case received little to no coverage in mainstream news, it creates an ongoing split with the Ninth Circuit and has the potential to drastically change restitution calculations following…
The NFL and Kneeling during the Anthem
Ever since Colin Kaepernick took a knee during the anthem before a National Football League (“NFL”) preseason game in 2016, there has been ample commotion and analysis surrounding race relations in the United States. Kaepernick kneeled to voice his opposition to police brutality–particularly against African Americans–and racial tensions more broadly within the United States.1 Not…
The First Proxy Fight against a U.S.-Listed Chinese Company: Hedge Fund Lost the Proxy Fight Against Sina
Sina, a NASDAQ-listed corporation and one of the largest telecom companies in China, was recently faced with a proxy contest. This proxy fight was initiated by Aristeia Capital LLC, a Connecticut-based hedge fund which owns 3.19% of Sina’s shares and is one of the biggest Sina shareholders.1 As the campaign between Sina and Aristeia is…
Google Under Investigation in Missouri – Will the Tech Giant be Fined, or Need to Change its Practices?
On Monday, November 13, the Attorney General of Missouri, Josh Hawley, opened an investigation into Google’s business practices, looking into the possibility that the tech giant violated the state’s consumer protection and antitrust laws.1 The AG said that “the state’s preliminary investigation had found that Google may be collecting more information from users than the…