Category Archives: Investment

XY Planning Network, LLC v. SEC: Broker Conflicts of Interest, Regulation “Best Interest,” and Investors’ False Sense of Security

By | March 5, 2020

Courtesy of Micah Hauptman and Stephen Hall Introduction In June 2019, the Securities and Exchange Commission (“SEC”) finalized Regulation Best Interest (“Reg. BI”) on a 3-1 vote, with strong support from the broker-dealer industry and equally strong opposition from investor advocates. The SEC heralded the rule as a pragmatic and effective solution to the longstanding… Read More »

Reversing the Fortunes of Active Funds

By | January 27, 2020

Courtesy of Adi Libson and Gideon Parchomovsky Recent years have witnessed a considerable growth of passive funds at the expense of active funds. This trend picked up in 2019, a year that saw passive funds surpass active funds in terms of total assets under management. The continuous decline of active funds is a cause for… 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 »