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- LAW BK 931: Compliance Programs
The course is a survey of the key areas of compliance. The focus will be on industry issues and regulatory oversight by the regulatory agencies relative to the types of services provided by financial institutions. Examples of regulatory examinations, compliance breakdowns, regulatory sanctions and remediation orders will be reviewed. The course will examine the methodology of implementing and maintaining a compliance program. Topic areas to be covered include: the Office of Foreign Assets Control; Bank Secrecy Act; Privacy in the US and the European Union;; Information Reporting/Disclosure; Whistle Blower & Insider Trading Policies; Code of Ethics; Audit; Conflict of Interest; Management Reporting; Business Unit/Operation Oversight; and Record Retention. - 拉
- LAW BK 933: Bankruptcy
This course examines bankruptcy and related state law from the point of view of secured and unsecured creditors. The course begins with survey of individual state law collection remedies and non-bankruptcy composition and liquidation schemes. The balance (and bulk) of the course focuses on the rights, obligations and procedures created by federal bankruptcy law. Topics addressed include: the automatic stay, the use and protection of collateral during the pendency of a bankruptcy case, the avoidance of pre-bankruptcy transfers as preferences and fraudulent transfers, the treatment of executory contracts and unexpired leases, debtor-in-possession financing, asset sales and the negotiation and confirmation of a plan of reorganization that is binding on all creditors. Finally, the course will discuss recent ¡§bankruptcy reform¡¨ legislation, which affects both corporate and consumer bankruptcies. - LAW BK 934: Hedge Funds
Assets being managed by hedge funds have grown significantly during the past 10 years. As a result, managers of hedge funds have been the focus of increased scrutiny by investors, the press and regulatory authorities. This course will cover the regulations (and exemptions) applicable to hedge funds and their managers, including under the Securities Act of 1933, the Investment Company Act and the Investment Advisers Act. We will focus on the formation and operation of U.S. and offshore hedge funds, including structure, disclosure, risks and economic and liquidity terms. This will include a detailed review of hedge fund offering documents. We will discuss the many issues being considered by hedge fund managers and regulators, including valuation, conflicts of interest, insider trading and compliance. - LAW BK 935: Microfinance and Development
This course provides an introduction to the field of microfinance, particularly its rapid evolution and role in economic development. Students will learn key concepts including the study of lending methodologies, products available to micro-entrepreneurs and the legal challenges, public policy considerations, and risks faced by investors, technical experts and financial providers. This course will also examine financial practices in the developing world such as payment and remittance systems, which allow foreign nationals to transfer funds internationally within and outside traditional banking systems. - LAW BK 936: Housing Finance and Community Development
Housing Finance and Community Development This seminar will examine the United States housing finance system: its evolution over the last half century and its role in the present. In particular, students will examine the following elements and their challenges on the housing finance system: 1) the subprime mortgage crisis and its impact on homeowners, particularly low-income households; 2)the role of non-profit community development corporations in providing housing for lower-income families and its impact on reviving urban neighborhoods; and 3) the practice of replacing public housing with mixed-income communities and the issues this raises. In addition, students will have the opportunity to visit local affordable housing development organizations and learn about their projects. - 拉
- LAW BK 941: Professional Responsibility
This course will provide an overview of a lawyer's professional and ethical obligations under United States law. It will examine the American Bar Association's Model Rules of Professional Conduct, the ABA Model Code of Professional Responsibility and the Restatement (Third) of the Law Governing Lawyers as they apply to the practicing lawyer. The course explores ethical issues, and tensions and dilemmas that arise in the practice of law, particularly in the representation of financial institutions. Students will have the chance to examine these issues through discussions of current events affecting the financial services industry. - LAW BK 942: Transactional Lawyering
This course seeks to give lawyers the tools necessary to run a transaction by emphasizing the thought processes and legal skills involved in the practice of transactional law. Using a simulated deal as the reference point, students will acquire an understanding of the lawyer's role in business transactions and develop an appreciation of the business and legal issues that arise in commercial deals. As part of the course, students will be broken up into law firms and will be required to interview a client, draft documents and negotiate legal and business points. The course will use a combination of lectures, readings and simulation to equip the lawyer with the necessary skills to act as legal counsel to business clients. - LAW BK 955: Securities Regulation
A survey and analysis of key problems arising under the Securities Act of 1933, the Securities Exchange Act of 1934, and the rules promulgated thereunder. These problems include the form and content of registration statements under the 1933 Act, liabilities of persons designated in Section 11 and 12 of the 1933 Act, the form and content of a typical Balance Sheet and Profit and Loss Statement, processing a registration statement, exemptions under the 1933 Act, the underwriter's liability, the control person's "distribution;" regulation of securities exchanges and broker-dealers, manipulation, stabilization, and "Hot Issues;" tender offers; and civil liabilities under rule 10b-5, section 14(a), and Section 16(b) of the 1934 Act. - LAW BK 957: Introduction to Project Finance
This course focuses on the structure, documentation and negotiation of a typical project finance transaction. The class will explore legal, financial, and policy problems involved in investing in domestic and cross-border power and infrastructure projects. We will focus on strategies and techniques of structuring and financing such investments, and will touch upon the legal and regulatory environment for investment, and in the context of foreign investment, the role of political risk management and the implications of treaties, conventions, and other relevant law. Selected domestic and cross-border investment transactions, both actual and hypothetical, will be used to illustrate recurring issues. This course may contain a graded group drafting component where students draft and negotiate a loan agreement. - LAW BK 958: Transnational Lending and Trade Financing
This course examines legal issues arising in debt financing provided by financial institutions in international markets. The structure of transnational loan agreements, guarantees, letters of credit, participation and loan sales transactions, and basic instruments and documents common to trade financing are examined. The nature of the documentation and techniques used in such transactions, as well as regulatory patterns, legal problems and international law reform efforts, are studied. The course also covers issues related to the syndication of debt financing transactions, governing law, and creditor remedies. - LAW BK 960: Thesis Seminar
This course provides an opportunity for students to conduct in-depth research on topics covered in the program and to improve their writing skills. Each student prepares a paper on a topic chosen in consultation with the instructor and presents his or her findings to the class. Students edit one another's drafts and participate in critiques during class sessions. A text and other materials are used in discussions of effective legal writing. The seminar may satisfy a concentration requirement depending on the subject of the paper. It is open to a limited number of second-semester students with permission of the instructor. - LAW BK 963: International Securities Transactions
Rapid development of new capital markets and derivative products is changing international securities markets. After a brief review of the relevant fundamentals of securities regulations, this course explores the structure of capital markets and derivative products with emphasis on risks, legal issues and regulatory concerns. - LAW BK 978: Accounting for Financial Institutions
An introduction to the accounting practices of financial institutions with emphasis on accounting for mergers and acquisitions, loan losses, revenue recognition, and income taxes. Presentations also cover asset and liability management, liquidity and capital resources. A textbook on the principles of accounting and annual reports of major financial institutions will be used as course material. The course grade is based on two examinations and class participation. - LAW BK 980: Securities Activities of Banks
This course covers an important and rapidly expanding area of bank business. The course emphasizes the banking industry's new legal and competitive responses to increased competition and rapid changes in the financial services market. First, it analyzes the statutory, regulatory, and judicial parameters in which commercial banks have undertaken and are developing securities-related activities. Then, it examines in depth product and service developments, including mutual funds, brokerage, investment advisory services, and various underwriting activities. Special attention is paid to fiduciary responsibilities as they may be affected by these activities, including delegation of investment responsibility, conflicts of interest, disclosure, and fees. - LAW BK 983: Central Banks, Commercial Banks, and Financial Markets
This course introduces lawyers to the economics of financial markets and institutions. Emphasis is placed on the interaction of commercial banks, the Federal Reserve System, and monetary policy. Other topics include the characteristics of financial instruments (such as Treasury securities, corporate stocks and bonds, and secondary market mortgage-backed securities), how they are priced in the market, the factors determining the level and shape of the Treasury yield curve, and the relationship between commercial banking and the growth of the over-the-counter derivatives market. Course grades will be based on midterm and final examinations, and on written assignments.
