May 9, 2025
by Akshay S. Ralhi
Capital Markets
Cryptocurrencies
The U.S. Securities and Exchange Commission (SEC) plays a critical role in shaping the regulatory landscape for cryptocurrencies, balancing the need to protect investors with the potential for technological innovation. The transition from the Biden administration’s enforcement-heavy approach under Chair Gary Gensler to the Trump administration’s innovation-driven strategy under Chair Paul Atkins marks a significant shift in priorities. This article examines the SEC’s evolving stance, focusing on cryptocurrency’s legal status, the Howey Test’s application, and the impact of President Trump’s crypto executive order.
Akshay S. Ralhi - CTBL Fellow
April 8, 2025
by Julie Gutiérrez
Anti-Corruption
President Trump issued an Executive Order on February 10, 2025, directing a comprehensive review of Foreign Corrupt Practices Act enforcement guidelines and policies for a period of 180 days, and suspending the initiation of new FCPA investigation and enforcement proceedings during this period. However, businesses engaged in transnational commercial activities should continue implementing effective compliance protocols. Understanding the FCPA EO’s precise scope is essential for proper risk assessment and compliance strategy formulation during this period of regulatory reassessment.
Julie Gutiérrez - CTBL Fellow
March 24, 2025
by Ignacio Tasende
International Arbitration
Third-Party Funding can be a practical tool for economically disadvantaged parties in arbitration proceedings. Access to arbitration for insolvent parties can be addressed through it. However, it has several implications, namely, its impact on: (i) the confidentiality of arbitral proceedings; (ii) conflicts of interests; and (iii) orders for security for costs. These considerations will be discussed in this blog post.
Ignacio Tasende - CTBL Fellow
January 27, 2025
by Duruhan Aydinli
Capital Markets
The recent actions by the SEC and NYDFS underscore an urgent shift in regulatory expectations for cybersecurity, especially as AI-driven technologies become more integrated into financial operations. This blog article explores how these recent updates, technological changes and recent regulatory developments affect businesses in the financial markets, which are under growing pressure to accurately and transparently manage cyber threats in the era of AI.
C. Duruhan Aydinli - Research Assistant
February 26, 2024
by Daniel Kim
Environmental, Social, and Governance (ESG)
Project Development and Project Finance
The world is precariously burning through a short fuse to irrevocable climate catastrophe. The need for collective efforts to keep global temperatures within the elusive goal of 1.5°C above pre-industrial levels has never been more pronounced. Within this dire landscape, COP 28 in Dubai represented a watershed moment in the fight for climate change.
January 23, 2024
by Jorge Saldaña
Project Development and Project Finance
I. Introduction
In general, Peru’s legal framework promotes foreign investment equality. Infrastructure projects follow various public procurement regimes, including Public-Private Partnerships (“PPPs”). Legal Stability Agreements are used to protect…
March 9, 2023
by Zgjim Mikullovci
Business and Human Rights
Recognizing that victims of all disasters caused by businesses should have a prompt and effective remedy in future situations, the international community has for several years been considering a comprehensive international approach to such situations involving a binding international convention on business and human rights. A draft of the convention is being negotiated and amended in order to reach a compromise between states.
January 30, 2023
by Ronnie Rosen Zvi
Export Controls
The international community is currently experiencing a global crisis of technological surveillance abuse, which has raised the attention of governmental agencies and international organizations worldwide. Those bodies are calling for the tightening of enforcement in this area, and specifically for the inclusion of human rights considerations within national export controls and regulatory frameworks.
November 28, 2022
by Juan Mejia Gonzalez
Environmental, Social, and Governance (ESG)
Among the remarkable results of the UN Climate Change Conference in Glasgow (COP26), one promises to be a game changer in the world’s struggle to overcome the climate change threat: the Glasgow Financial Alliance for Net Zero (GFANZ).
November 28, 2022
by Patricia Rios Ruiz
Investor-State Dispute Settlement (ISDS)
Since taking office in 2018, the president of Mexico (Andrés Manuel López Obrador or “AMLO”) has encouraged and developed policies that have given more control to the government over different markets and industries. His leftist ideology has gained so much power that his proposals and decisions have changed foreign investment in crucial ways.
