The 2008 financial crisis and the ensuing legislation and regulation under Dodd-Frank have been at the center legal and economic scholarship since the onset of the crisis. How financial actors are to navigate new and uncharted regulatory territory has generally taken center stage. But what if that entire regulatory scheme hinges on the wrong premises? …
Author: Robert Meyer
Volcker Compliance: Spirit vs. Substance
Wall Street is innovative, well known for continuously developing new ways to make money through the financial markets. In the early 2000s, Wall Street innovations allowed more Americans to become homeowners than ever before. Those same innovations allowed the negative effects of the bursting housing bubble to permeate the entire financial system. In the present,…
Challenging “Too Big to Fail” Designation
The widening scope of the Financial Stability Oversight Council’s “too big to fail” designations has caused alarm in the financial sector and, in the case of MetLife, inspired legal action. In response to the 2008 global financial crisis, Congress formed the Financial Stability Oversight Council (“FSOC”) as part of the reforms initiated by the 2010…
New Chapter for Fraudulent Conveyance in LBOs?
In the wake of the 2008 financial crisis, many companies that were the targets of Leveraged Buyouts (LBOs) filed for bankruptcy.1 In an LBO, creditors secure their loans against the target company’s assets, subordinating the claims of the target’s pre-LBO creditors. Thus, should the LBO fail and the target company file for bankruptcy, its pre-LBO…