Is the SEC Hiding in Plain Sight?
Scholar claims that the SEC’s 2022 whistleblower report to Congress was the least transparent in history.
Erroneous Legal Advice as a Corporate Asset
Scholars discuss the promises and pitfalls of corporate lawyers’ gatekeeping function.
Does the Constitution Require Agencies to Use Biased Judges?
The Supreme Court should uphold longstanding legislation protecting the neutrality of administrative law judges.
Who Favors Making ALJs At-Will Employees?
An upcoming Supreme Court case highlights why businesses and individuals favor for-cause protection for administrative law judges.
Regulatory Discretion Fosters Clean Tech
Increased regulatory discretion can improve outcomes for entrepreneurs and enhance the impact of stakeholder activists.
Corporate Home Buyers Restrict Widespread Homeownership
Private equity firms buy homes in droves but diminish homeownership opportunities for families in the process.
The Strange Bedfellows of Climate Change and Corporate Fraud
Scholar recommends implementing ESG standards to fight climate change and avoid criminal charges.
Regulating Junk Fees May Harm Consumers
Attempts to eliminate junk fees may harm rather than help both consumers and businesses.
A New Approach to Regulatory Budgeting in Virginia
New agency aims to implement a more impactful approach to reducing regulatory costs.
How Will the “Regulatory Bazooka” Change Cross-Border Transactions?
Scholars predict that expanding security review procedures could affect how American companies do business.
Fiduciary Governance for 401(k)s
Retirement policy must evolve to account for participant preferences.
ERISA Plan Fiduciaries and ESG Factors
ERISA plan fiduciaries must be permitted to consider ESG factors when selecting plan investments.