Capital Markets and Corporate Governance Standards

Corporate governance has over time moved from being a peripheral to a central issue for capital markets regulation. Our recent research focuses on how that transformation has occurred in the UK and how it has adjusted the default provisions of UK corporate law.   We begin with the observation that corporate governance was not a significant […]

The Case for Bankruptcy Court Discretion to Shift Attorney’s Fees

My recent paper, Fee-Shifting in Bankruptcy, examines the circumstances under which courts permit and refuse parties’ recovery of bankruptcy-related attorneys’ fees as costs. It turns out that, in bankruptcy, most of the major parties are not bearing their own attorney’s fees. In this context, it is fatuous to treat the American Rule as a basic point of […]