Insights

Thought Leadership

Expert analysis and perspectives on international legal developments, regulatory changes, and strategic considerations for global enterprises.

The Economics of Cross-Border M&A: Why Transactions Fail and How to Prevent It

November 15, 2024By Dr. Helena Richter

The Economics of Cross-Border M&A: Why Transactions Fail and How to Prevent It

Cross-border acquisitions fail at alarming rates not because of cultural differences or regulatory complexity per se, but because parties systematically underestimate transaction costs and overestimate synergies. A rigorous economic framework reveals both the pitfalls and the path forward.

The Art and Science of Structuring International Contracts

December 1, 2024By Dr. Helena Richter

The Art and Science of Structuring International Contracts

International contracts fail not because lawyers draft poorly, but because they draft without understanding the economic functions their provisions must serve. A contract is a mechanism for allocating risk and creating incentives; its structure should reflect these functions explicitly.

Strategic Dispute Resolution: Beyond the Merits

November 28, 2024By Marcus Chen, LL.M.

Strategic Dispute Resolution: Beyond the Merits

Winning a dispute is not the same as achieving a good outcome. Strategic dispute resolution requires understanding not just the legal merits but the full range of costs, risks, and opportunities that litigation or arbitration presents.

The Value of Local Counsel: Why Jurisdiction-Specific Expertise Matters

November 22, 2024By Sarah Mitchell, J.D.

The Value of Local Counsel: Why Jurisdiction-Specific Expertise Matters

International law firms often underestimate the value of genuine local expertise. The assumption that legal principles translate seamlessly across borders leads to costly mistakes. Effective cross-border representation requires practitioners who understand not just the law but the legal culture of each relevant jurisdiction.

International Arbitration in Transition: Technology, Transparency, and the Future of Private Justice

October 28, 2024By Marcus Chen, LL.M.

International Arbitration in Transition: Technology, Transparency, and the Future of Private Justice

The international arbitration system faces pressures that threaten its foundational premises. Technology offers efficiency gains but raises due process concerns. Demands for transparency conflict with confidentiality expectations. Understanding these tensions is essential for practitioners navigating the evolving landscape.

Corporate Governance Beyond Compliance: An Economic Theory of Board Effectiveness

October 10, 2024By Sarah Mitchell, J.D.

Corporate Governance Beyond Compliance: An Economic Theory of Board Effectiveness

Corporate governance reform has focused on structural requirements—independent directors, separate committees, disclosure obligations. Yet compliance with these requirements correlates poorly with firm performance. A more sophisticated approach recognizes that governance effectiveness depends on matching mechanisms to the specific agency costs present in each firm.

A Comprehensive Guide to Syndication Agreements

September 22, 2024By Dr. Helena Richter

A Comprehensive Guide to Syndication Agreements

Syndication agreements form the backbone of complex financial transactions, requiring careful structuring to protect all parties involved.

The Economics of Dispute Resolution: Litigation, Arbitration, and the Efficiency Frontier

September 5, 2024By Marcus Chen, LL.M.

The Economics of Dispute Resolution: Litigation, Arbitration, and the Efficiency Frontier

Parties choose dispute resolution mechanisms based on cost, speed, and outcome quality. Economic analysis reveals that no single mechanism dominates; the optimal choice depends on dispute characteristics and party preferences. Understanding this framework enables more sophisticated contract drafting.

The Economic Logic of Efficient Breach in International Contracts

November 20, 2024By Dr. Helena Richter

The Economic Logic of Efficient Breach in International Contracts

When should a party breach a contract rather than perform? Economic analysis reveals that breach can sometimes maximize social welfare—a counterintuitive insight with profound implications for international commerce.

Transaction Costs and the Architecture of M&A Deals

November 8, 2024By Marcus Chen, LL.M.

Transaction Costs and the Architecture of M&A Deals

The structure of merger transactions reflects parties' efforts to minimize transaction costs. Understanding this dynamic illuminates why certain deal structures persist despite apparent inefficiencies.

Institutional Competition in International Arbitration

October 20, 2024By Sarah Mitchell, J.D.

Institutional Competition in International Arbitration

Arbitral institutions compete for cases by offering procedural innovations and reputational capital. This competition shapes the evolution of international dispute resolution in ways that merit careful analysis.

Agency Costs and the Design of Corporate Governance Mechanisms

October 5, 2024By Dr. Helena Richter

Agency Costs and the Design of Corporate Governance Mechanisms

Corporate governance structures exist to mitigate agency costs—the divergence between managers' interests and shareholders' welfare. Economic analysis reveals which mechanisms work and why.

Bilateral Investment Treaties: A Cost-Benefit Analysis

September 28, 2024By Marcus Chen, LL.M.

Bilateral Investment Treaties: A Cost-Benefit Analysis

Nations enter bilateral investment treaties to attract foreign capital, but the costs of investor-state arbitration have prompted reconsideration. Economic analysis illuminates this policy debate.

Information Economics and the Due Diligence Process

September 15, 2024By Sarah Mitchell, J.D.

Information Economics and the Due Diligence Process

Due diligence in M&A transactions represents a response to information asymmetry. Understanding the economics of information acquisition illuminates optimal due diligence strategies.

Regulatory Competition in Corporate Law: Race to the Top or Bottom?

August 30, 2024By Dr. Helena Richter

Regulatory Competition in Corporate Law: Race to the Top or Bottom?

Jurisdictions compete for corporate charters through their legal rules. Whether this competition produces efficient or exploitative rules remains hotly debated among scholars and practitioners.

Game Theory and Settlement Negotiations in Commercial Disputes

August 18, 2024By Marcus Chen, LL.M.

Game Theory and Settlement Negotiations in Commercial Disputes

Settlement negotiations exhibit strategic behavior that game theory illuminates. Understanding these dynamics helps practitioners achieve better outcomes for their clients.

Fiduciary Duties from an Economic Perspective

August 5, 2024By Sarah Mitchell, J.D.

Fiduciary Duties from an Economic Perspective

Fiduciary duties represent legal responses to agency problems. Economic analysis reveals their function and suggests when courts should apply them strictly or flexibly.

An Economic Approach to Contract Interpretation

July 22, 2024By Dr. Helena Richter

An Economic Approach to Contract Interpretation

Courts interpret contracts to determine parties' obligations. Economic analysis suggests interpretive approaches that minimize transaction costs and maximize contractual surplus.