The CFTC Pushes Into New Insider Trading Terrain

Even as recent headlines have criticized Trump administration’s regulatory enforcement record, pointing to a “62 percent drop in penalties imposed and illicit profits ordered returned by the S.E.C., to $1.9 billion under the Trump administration from $5 billion under the Obama administration,” the Commodities Futures Trading Commission (“CFTC”) has taken a different tack. The CFTC Chairman made a speech in early October emphasizing the agency’s recent increase in monetary penalties and describing this past year as “among the most vigorous […] (More →)

Could State Usury Laws Prevent Another Subprime Bubble?

With traditional bond markets tight, investors have injected increasingly huge sums of money into the subprime auto bond market. The increase in demand for subprime auto bonds has in turn driven up demand for subprime auto loans, to a level which many observers worry is looking more and more like a bubble. In the period between 2009 and 2014 alone, subprime auto loans – loans to people with credit scores worse than 640 – increased by more than 130 percent. […] (More →)

Symbolic Yet Real: Shareholder Proposals Pressuring CEOs for Sound Governance

In modern corporations, shareholders and the board of directors maintain a delicate balance of power: substantive business decisions are made by directors and executives, while shareholders retain their right to amend the bylaw and make procedural modifications. However, the line between procedure and substance is less clear in practice than in principle. A centralized executive and a group of dispersed shareholders often fight over the substantive policies of the company through shareholder proposals. As institutional shareholders become more proactive, even […] (More →)

A Closer Look at the New York Times Trump Tax Scandal

Last month, The New York Times released a lengthy article following months-long reporting into the operations of Fred Trump’s real estate empire. The Times reviewed over 100,000 documents including lawsuits, financial paperwork, tax returns, and depositions. The investigation revealed numerous suspect tax practices, ranging from clever tax planning to tax avoidance and “instances of outright fraud.” The 14,000-word article details how Fred Trump built his real estate empire and used creative tax planning to minimize his and his family’s tax […] (More →)

Steel Yourself: The WTO as the Latest Battleground in Trump’s Trade War

President Donald Trump has long called for a reconfiguration of US trade policy–pulling out of a number of trade deals, and imposing a slew of tariffs on some of the United States’ major trading partners. At the most recent meeting of the World Trade Organization (“WTO”) Dispute Settlement Body (“DSB”) on October 29, 2018, an unprecedented seven countries–Canada, China, the EU, Mexico, Norway, Russia, and Turkey–requested that the DSB establish a panel to examine US tariffs on steel and aluminum. […] (More →)

Repairing the Right to Repair

Last month, if you took your iPhone to get repaired at a third-party shop or tried to do it yourself, you could have been breaking the law. However, the right to repair movement is trying to fix this conundrum, despite the attempts of companies like Apple or John Deere to thwart the movement’s efforts. On the Federal level, there is growing support for the right-to-repair movement, bolstered by the Supreme Court’s recent decision in Impression Products, Inc. v Lexmark International, […] (More →)

A Natural Result: The Emergence of FinTech and SPNB Litigation

The rise of non-depository financial technology firms has been well documented and closely followed since the close of the Great Recession. Partially as a result of the enhanced prudential regulations imposed on traditional depository institutions, a gap in the market for financial products has been filled by new actors who have employed innovative front-end technology to meet the specialized needs of a broad consumer base. However, with the recent regulatory action by the Office of the Comptroller of the Currency […] (More →)

A Brief Look Into Dated Insider Trading Laws

In a recent New York Times opinion piece, Robert J. Jackson Jr., an SEC Commissioner, and Preet Bharara, a former U.S. Attorney for the Southern District of New York, argued that U.S. insider trading laws are outdated and allow fraudsters to engage in misconduct that benefits them at the expense of investors. Jackson, Jr. and Bharara claim that current laws fail to hold bad actors accountable for insider trading because the government relies on an antiquated law that prohibits “fraud” […] (More →)

#MeToo Moving: New York Battling Workplace Harassment Through Legislation

The #MeToo movement, inspired by the Harvey Weinstein controversy which erupted in October 2017, has implications far beyond the media and entertainment industry. Legislatures across the country were quick to respond, with a variety of laws seeking to protect victims of sexual harassment. The New York legislature has spearheaded this legal movement through the passage of several bills imposing new constraints and obligations on employers.In this new legal trend, New York may serve as an example for other states to […] (More →)

About CBLR

Columbia Business Law Review is the first legal periodical at a national law school to be devoted solely to the publication of articles focusing on the interaction of the legal profession and the business community. The review publishes three issues yearly, which involve students in the editing of leading articles in business law, as well as the production of student-written notes.