March - 2021

Thomas L. Bourneuf

Mar 25

Free Speech in the Era of False News: Section 230 Protections In the Modern Era

Given the Trump Administration’s frequent use of Twitter, as well as the recent use of social media to spread conspiracy theories, many have begun to question how best to apply the principles of free speech to social media companies while also holding these companies accountable for certain bad behavior. The First Amendment protections only limit governmental actors – federal, state, and local – and there are good reasons why these protections should not be completely extende

Mar 19

Shareholder Activism: Don’t Shoot the Messenger

2020 has been of a singular vintage for shareholder activism. While publicly reported activism has dropped in the U.S. by 13% in the overall number of companies targeted in 2020 (due to a strong rebound in the fourth quarter), Europe witnessed a record year with a 21% increase in activist campaigns compared to 2019. As the world recovers from disruptions caused by Covid-19, and ESG being officially elected prom queen of 2021, shareholder activism is expected to be very active

Emeka Nduka-Eze

Mar 16

Bitcoin & The 'E' in 'ESG': Much Ado About Nothing?

There is no ‘e’ in Bitcoin. Admittedly there are a few in cryptocurrencies, but for the purpose of this article we shall refer to them as ‘cryptos’. Ethereum does not quite present us with the same problem. But at a comparably modest price of $1,426, the market does not seem to consider it as exciting a proposition as Bitcoin. Yet the dominance of Bitcoin in everyday business-conversation is perhaps rivaled only by climate change concerns and other ESG-related factors. This a

Julius H. F. Henneberg

Mar 4

New Enhancements to Anti-Money Laundering Law - an Overview

New Enhancements to Anti-Money Laundering Law - an Overview The most recent amendments to the Anti-Money Laundering Law are part of the most comprehensive reform of anti-money laundering laws in the United States since the passage of the USA PATRIOT Act in 2001. On January 1, 2021, Congress overrode President Trump’s veto and passed the Anti-Money Laundering Act of 2021 (“AMLA”) which is part of the National Defense Authorization Act. The law will amend the Bank Secrecy Act (

Ananya Dhar Choudhury

Mar 1

ICC Rules Of Arbitration, 2021: Heralding An Era Of Efficient Disputes Resolution

With the aim of moving “towards greater efficiency, flexibility and transparency” in the arbitrations administered by the International Chamber of Commerce (“ICC”), the ICC Rules of Arbitration, 2021 (“2021 Arbitration Rules”) were introduced on December 1, 2020. The 2021 Arbitration Rules came into effect on January 1, 2021 and are applicable to all cases registered thereon, while cases registered prior, continue to be governed by the 2017 ICC Rules of Arbitration. With part

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