(Forthcoming: Lowell Milken Institute for Business Law and Policy – UCLA School of Law) Fully Cited Version: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959730 The traditional 2/20 fee structure of private investment funds has come increasingly under pressure in the last ten years. Several market factors help explain the pressure on the fee structure of the private investment fund industry. Private fund […]Read more "Private Fund Fee Structure and Blockchain Applications"
Dynamic Regulation Via Contingent Capital Review of Banking and Financial Law, Vol. 36, 2017 16 Pages Posted: Wulf A. Kaal University of St. Thomas, Minnesota – School of Law Date Written: April 24, 2017 Abstract Contingent capital securities are a largely overlooked dynamic regulatory mechanism. This essay evaluates the use of contingent capital securities in […]Read more "Dynamic Regulation Via Contingent Capital"
Mark Fenwick*, Wulf A. Kaal* & Erik P.M. Vermeulen** Abstract The legal profession is one of the most disrupted sectors of the consulting industry today. The rise of Legal Tech, artificial intelligence, big data, machine learning, and, most importantly, blockchain technology is changing the practice of law. The sharing economy and platform companies challenge many […]Read more "Legal Education in the Blockchain Revolution"
Forthcoming– Cayman Financial Review (April 2017) Blockchain technology offers unprecedented innovation opportunities for the private investment fund industry. Several private investment funds have spearheaded the implementation of blockchain technology and smart contracting in their business model. While some funds simply focus on trading bitcoin and other cryptocurrencies to avoid market fluctuations, others invest in and/or […]Read more "Blockchain Innovation for Private Investment Funds"
First published at: https://www.law.ox.ac.uk/business-law-blog/blog/2016/09/dynamic-regulation-investment-data-remedy-law’s-diminishing-capacity Key words: Disruptive Innovation, Venture Capital, Venture Investments, Dynamic Regulation, Feedback Effects, Optimized Information for Regulation, Anticipatory Regulation, Big Data In a series of recent papers – ‘Dynamic Regulation for Innovation’, ‘Regulation Tomorrow: What Happens When Technology Is Faster Than the Law?’, and ‘How to Regulate Disruptive Innovation – From Facts to […]Read more "Dynamic Regulation Via Investment Data as a Remedy for Law’s Diminishing Capacity to React to Innovation"
The NYT today summarized the political background on the proposed Investment Advisers Modernization Act here: My Colleague, Jennifer Taub (Vermont) testified in the House Subcommittee on Financial Services in this context and was kind enough to cite some of my work: https://wulfkaal.com/2016/05/19/investment-advisers-modernization-act-of-2016/ Here the two perhaps most relevant empirical findings on the Investment Advisers Modernization […]Read more "Empirical Evidence on proposed Investment Advisers Modernization Act"
Private Fund Investor Due Diligence – Evidence from 1995 to 2015 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2811718 Wulf A. Kaal University of St. Thomas, Minnesota – School of Law; European Corporate Governance Institute (ECGI) July 19, 2016 Review of Banking and Financial Law, 2016 U of St. Thomas (Minnesota) Legal Studies Research Paper No. 16-15 Abstract: The importance of private […]Read more "Private Fund Investor Due Diligence – Evidence from 1995 to 2015"