entity · derived
Legal uncertainty
Derived node: assembled mechanically from the claims carrying legal-uncertainty. A roster, not an adjudicated definition.
Every claim under this term
- 617681-025 : Conflict of laws problems become more complex and pose a much greater threat to the entire system of regulatory competition once a jurisdiction markets its corporate law as a separate product under Ty
- 1664809-016 : For European jurisdictions the extraterritorial application of US law creates confusion and legal uncertainty and makes it harder to regulate private parties who engage in regulatory arbitrage by taki
- 1664809-022 : Overlapping regulation and inconsistent legal rules create uncertainty, so that individual board members of European companies and their attorneys will not know which legal rules apply or what effects
- 1664809-023 : Legal uncertainty generates transaction costs, and European company boards will inevitably incur costs minimizing the information asymmetries created by different legal regimes that may or may not app
- 1765901-002 : Before Morrison, U.S. courts refused to adopt a bright line rule for the extraterritorial reach of Section 10(b), and the resulting case by case conduct and effects analysis was applied inconsistently
- 1765901-012 : Morrison provides no clear parameters for classifying privately negotiated transactions as domestic or foreign, because the case involved publicly traded securities and never reached the question.
- 1806252-006 : Regulating entities that operate in the same markets under asymmetric rules creates legal uncertainty and significant transaction costs.
- 1806252-018 : A lack of regulatory guidance creates legal uncertainty, and legal uncertainty in turn generates transaction costs.
- 2061166-008 : The authors identify a drafting defect in the proposed CRD IV Regulation: the distinction drawn by financial institution in Article 51(a) is ambiguous and the cross reference to the institution referr
- 2061166-014 : Because German law fixes no threshold conditions or determining factors for market reception or market confidence, the systemic relevance and contagion determinations that turn on those factors can ne
- 2150377-004 : Before Dodd-Frank the perimeter of hedge fund regulation was set by SEC no-action letters on client counting and by courts that gave very limited and sometimes contradictory guidance, so compliance re
- 2348463-010 : Old Bankruptcy Rule 2019 was applied inconsistently in practice, with courts interpreting it with a high degree of variability both across and within jurisdictions.
- 2348463-011 : The growing number of conflicting decisions under old Rule 2019, and the confusion and uncertainty they produced, is what precipitated the concerted effort by bankruptcy practitioners and the federal
- 2348463-012 : Revised Rule 2019 clarifies some of the ambiguities of the old rule, but uncertainty and confusion about its application remain inevitable.
- 2740477-012 : Rulemakers' inability to address the regulatory issues raised by disruptive innovation will generate high levels of legal uncertainty and inconsistency, and that uncertainty inhibits innovation during
- 2740477-013 : Technological transition will be a permanent state in the age of disruptive innovation, so the uncertainty and inconsistency caused by rulemakers' inability to react in time is a standing condition ra
- 2808132-014 : Rulemakers' inability to address disruptive innovation will generate high levels of legal uncertainty and inconsistency that inhibit innovation during technological transition, and technological trans
- 2831040-027 : The downsides of principles based regulation are a costly and time consuming transition from rules based regulation, uncertainty, and compliance problems that follow from that uncertainty.
- 2831040-029 : Dynamic regulatory mechanisms avoid legal uncertainty better than principles based regulation because in the dynamic framework rulemaking follows feedback processes that are transparent to both the af
- 2834531-009 : Because technological transition is becoming a permanent state rather than an episode, rulemakers' inability to address the regulatory issues created by disruptive innovation will generate high levels
- 2939127-032 : Open legal questions about the DAO, including which regime governs token issuance, minority token holder protection, taxation, the binding force of DAO smart contracts, ownership of intellectual prope
- 2939127-033 : Exponentially increasing disruptive innovation will lead clients to routinely bring legal professionals problems that those lawyers cannot fully understand, inside a legal framework that does not alwa
- 3067615-029 : The lack of a regulatory framework creates significant legal uncertainty in the ICO market, and because cryptocurrencies are censorship-resistant and arguably regulation-resistant by design, that unce
- 3409548-015 : Smart contracts face a legal origin problem: lawyers may argue that they are void and unenforceable, and contract law rules on formation, interpretation, conditions and remedies require substantive ad
- 3782201-030 : The more decentralized products are, meaning more censorship resistant, autonomous, and beyond regulatory control, the more they are left in a regulatory vacuum, and the resulting legal uncertainty li
- 4021599-015 : None of the SEC's listed characteristics bearing on reliance on the efforts of others is individually determinative; the element becomes more likely to be met the stronger the presence of those charac
- 4033886-029 : Legal uncertainty about crypto exchanges exerts a chilling effect on the market, and increased liquidity may follow once the market gains greater clarity on the legal issues surrounding this asset cla
- 4529715-008 : The absence of clear regulatory direction from the SEC and state governments helps explain why many DAOs take minimal action to establish regulatory compliance within their organizations.
- 4957318-005 : Inconsistent application of a proliferating body of law by different judges and regulatory bodies produces unpredictable legal outcomes, which increases litigation as parties seek judicial clarificati
- 5583610-022 : The common enterprise prong is the unresolved part of the analysis: vertical commonality may well be present through the merchant network, and inconsistent district court precedent leaves LER's status