Book Club: The Challenges of Parenting (February 21, 2011)

Parenting is hard. It is by far the most challenging (and most rewarding) thing that I have ever done. It... (Category: Book Club)

Dodd-Frank Forum: The Role of Derivatives in Failing Firms (July 21, 2010)

Erik correctly sensed my wariness regarding the treatment of derivatives under the U.S. Bankruptcy Code and the new resolution authority... (Category: Masters: Dodd-Frank)

Dodd-Frank Forum: Who Benefits from the New Resolution Authority? (July 20, 2010)

Like many, I am skeptical that the Dodd-Frank Act accomplishes much of anything. It does provide nice photo ops and... (Category: Masters: Dodd-Frank)

Minding Our Business Forum: The “Value-Add” of Big Law and Transactional Lawyers Generally (April 19, 2010)

I first want to commend those who have already posted on this interesting and very timely topic. I think everyone... (Category: Masters: Minding)

What is the real issue in Jones v. Harris? (November 02, 2009)

The Jones v. Harris case is attracting some popular media attention, most of which focuses on the higher rates that... (Category: Masters: Jones v. Harris)

Parting Thoughts on the Financial Crisis (November 21, 2008)

First, I would again like to thank the hosts of The Conglomerate for giving me this space during the past... (Category: Financial Crisis)

The Government as Controlling Creditor (November 20, 2008)

Creditors have long imposed conditions and restrictions on their corporate borrowers; it is the price a company pays for doing... (Category: Financial Crisis)

Opportunities in Distressed Debt (November 19, 2008)

One investment opportunity that is plentiful in the current environment is distressed debt. (For a basic explanation of distressed debt,... (Category: Financial Crisis)

The Rise in Corporate Bankruptcies (November 18, 2008)

In April 2008, U.S. business bankruptcy filings were up over 49% from the previous April. That percentage has continued to... (Category: Bankruptcy)

GM: Too Big To File? (November 17, 2008)

The Big Three automakers and a potential government bailout of Detroit have received a great deal of attention during the... (Category: Financial Crisis)

Hedge Fund Regulation Revisited (November 14, 2008)

The Chief Executive of the United Kingdom’s Financial Services Authority recently hedged his response to the increasing pressure for more... (Category: Financial Crisis)

Risk Taking v. Risk Management (November 13, 2008)

In an earlier post, I discussed risk-taking decisions by boards and whether excessive risk-taking might constitute a breach of a... (Category: Corporate Governance)

Boards’ Reliance on Professionals and Experts (November 12, 2008)

A recent article in the New York Times entitled “The Reckoning: From Midwest to M.T.A., Pain From Global Gamble” caught... (Category: Corporate Governance)

Economic Crisis and Board Liability (November 11, 2008)

In an August 2007 press release, Marsh warned “the financial services sector, including insurance companies, hedge funds, banks and ratings... (Category: Fiduciary Law)

Economic Crisis and Boards’ Fiduciary Duties (November 10, 2008)

I first want to thank Lisa Fairfax and Gordon Smith for the invitation to guest blog on The Conglomerate. I... (Category: Fiduciary Law)