How Regulators are Responding to FinTech

By | June 29, 2018

This post is the fifth and final in a series that highlights various elements of a new online course titled “FinTech Law and Policy.” The course is available to all on the Coursera platform (it can be audited for free) and covers the key legal and regulatory issues confronting the FinTech industry today. You can… Read More »

What Happens When FinTech Firms Don’t Understand Regulation?

By | June 27, 2018

This post is the third in a series that highlights various elements of a new online course titled “FinTech Law and Policy.” The course is available to all on the Coursera platform (it can be audited for free) and covers the key legal and regulatory issues confronting the FinTech industry today. The following examples highlight… Read More »

Introducing “FinTech Law and Policy”

By | June 25, 2018

In 2016, few people had ever heard of Bitcoin or blockchain, initial coin offerings were non-existent, and US financial regulatory agencies had yet to react to the emergence of non-bank financial services providers. The FinTech industry has changed dramatically since then: Bitcoin has captured the public imagination and spawned new derivatives products, you can apply… Read More »

Can a Cryptocurrency Self-Regulatory Organization Work? Assessing Its Promise and Likely Challenges

By | June 21, 2018

The U.S. regulatory framework for cryptocurrency (including federal securities compliance,[1] spot exchange registration,[2] and new derivative product listings[3]) continues to slowly evolve as government agencies increase their familiarity with the technology and dissect its associated risks.[4]  Nevertheless, despite recent guidance statements issued by the Securities & Exchange Commission (SEC); the Commodity Futures Trading Commission (CFTC);… Read More »

Reconceptualizing International Investment Law from the Global South

By | May 31, 2018

Courtesy of Fabio Morosini and Michelle Ratton Sanchez Badin The international investment regime (IIR) is under attack. Critics argue that international investment agreements (IIAs) constrain the right of host countries to regulate in the public interest and that the investor-State dispute settlement (ISDS) clause grants foreign investors alone the opportunity to bypass local, state or… Read More »

Will a Failed Megabank Be Liquidated? Don’t Bet On It

By | April 17, 2018

A vast literature has arisen discussing the tortured issue of taxpayer-funded bail-outs and the intimately related concept of ‘Too Big to Fail’ (TBTF). The idea behind it is relatively simple. TBTF describes a financial institution whose failure would cause such a tremendous level of harm to the economy that the responsible government will attempt to… Read More »

Blockchain is Overhyped

By | April 5, 2018

Courtesy of Lawrence Baxter, Ryan Clements, and John Lightbourne The buzz surrounding Blockchain, the distributed ledger infrastructure upon which Bitcoin operates, and how it will transform commerce while reducing transaction costs is at a crescendo. As John Oliver recently hilariously lampooned, many investors assign instant value to any firm with Blockchain in its name, mirroring… Read More »