Amy Deen Westbrook Publications, Presentations, and Other Activity

Articles in Law Reviews and Other Scholarly Journals

"Progressive Corporate Governance Under Social Capitalism: Do the Right Thing or Share the Wealth?," 17 Virginia Law and Business Review 145 (2023) (co-authored with David A. Westbrook).

"A Safe Harbor for Ransomware Payments: Protecting Stakeholders, Hardening Targets, and Defending National Security," 18 New York University Journal of Law & Business 391 (2022).

"We('re) Working on Corporate Governance: Stakeholder Vulnerability in Unicorn Companies," 23 University of Pennsylvania Journal of Business Law 505 (2021).

"Snapchat's Gift: Equity Culture in High-Tech Firms," 46 Florida State University Law Review 861 (2019) (with David A. Westbrook).

"Securing the Nation or Entrenching the Board? The Evolution of CFIUS Review of Corporate Acquisitions," 102 Marquette Law Review 643 (2019). Reprinted: 61 Corporate Practice Commentator 673 (2020) (as one of the top corporate and securities law articles of 2019).

"Sustainability Priorities, Corporate Strategy, and Investor Behavior," 37 Review of Financial Economics 149 (2019) (with Linda Espahbodi, Reza Espahbodi and Norma Juma).

"Cash for Your Conscience: Do Whistleblower Incentives Improve Enforcement of the Foreign Corrupt Practices Act?," 75 Washington and Lee Law Review 1097 (2018).

"Unicorns, Guardians, and the Concentration of the U.S. Equity Markets," 96 Nebraska Law Review 688 (2018) (with David A. Westbrook). Discussed:

"Does the Buck Stop Here? Board Responsibility for FCPA Compliance," 48 University of Toledo Law Review 493 (2017).

"The Effects of the 2006 SEC Executive Compensation Disclosure Rules on Managerial Incentives," 12 Journal of Contemporary Accounting and Economics 241 (2016) (with Reza Espahbodi and Nan Liu).

"Does Banking Law Have Something to Teach Corporate Law about Directors' Duties?," 55 Washburn Law Journal 397 (Spring 2016).

"Double Trouble: Collateral Shareholder Litigation Following Foreign Corrupt Practices Act Investigations," 73 The Ohio State Law Journal 1217 (2012). [3.2 MB PDF]

"Blue Skies for One Hundred Years: Introduction to the Special Issue on Corporate and Blue Sky Law," 50:3 Washburn Law Journal xxv (2011). [78 KB PDF]

"The Inadequate Disclosure of Business Conducted in Countries Designated as State Sponsors of Terrorism," 39 Securities Regulation Law Journal 15 (2011).

"Enthusiastic Enforcement, Informal Legislation: The Unruly Expansion of the Foreign Corrupt Practices Act," 45 Georgia Law Review 489 (2011).

"Sunlight on Iran: How Reductive Standards of Materiality Excuse Incomplete Disclosure Under the Securities Laws," 7 Hastings Business Law Journal 13 (2011).

"What's in Your Portfolio: U.S. Investors Are Unknowingly Financing State Sponsors of Terrorism," 59 Depaul Law Review 1151 (2010).

"Learning from Wall Street: A Venture in Transactional Legal Education," 27 Quinnipiac Law Review 227 (Winter 2009).

"Return to Europe: Integrating Eastern European Economies into the European Market Through Alliance with the European Community," 31 Harvard International Law Journal 660 (Spring 1990) (with David A. Westbrook). [950 KB PDF]

Books and Monographs

International Business Transactions: A Context and Practice Casebook. (Carolina Academic Press, 2014).

Chapters in Books

"Banking, Commercial & Contract Law," (chapter 2), Kansas Annual Survey (Kansas Bar Association, annually, 2011-2018) (2012 co-authored with Lori A. McMillan; 2013-2018 co-authored with Andrea Boyack and Lori A. McMillan).

Book Reviews

"Warren Buffett's Corporation: Reconnecting Owners and Managers," review of The Essays of Warren Buffett: Lessons for Corporate America. Essays by Warren E. Buffett, Selected, Arranged and Introduced by Lawrence A. Cunningham (2nd ed., 2007), 34 Oklahoma City University Law Review 515 (2009).

"One Earth, One Future: Our Changing Global Environment and Our Common Future," edited by C.S. Silver and R. DeFries. 15 Harvard Environmental Law Review 319 (Fall 1991). [517 KB PDF]

Other Publications

"What to Do About Poor Corporate Governance at Unicorns," The Columbia Law School Blue Sky Blog, January 18, 2021.

"Unicorns, Guardians, and the Concentration of U.S. Equity Markets," The Columbia Law School Blue Sky Blog (March 21, 2017) (with David A. Westbrook).

"Eighth Circuit Affirms Strict Pleading Standard for Shareholder Derivative Lawsuits," 31:26 Legal Backgrounder (October 14, 2016).

"Anti-Cuba Sanctions May Violate NAFTA, GATT," National Law Journal (March 11, 1996) (with Kenneth L. Bachman, Jr. and Ricardo A. Anzaldúa), reprinted in 16:3 Foreign Assets Litigation Reporter (March 1996).

Media Engagement

Quoted, "Family Business Deals Help Fuel Carvana’s Explosive Growth," (requires account) The Wall Street Journal, December 17, 2021.

Panel on Unicorns to present article, "We['re] Working on Corporate Governance: Stakeholder Vulnerability in Unicorn Companies," 23 University of Pennsylvania Journal of Business Law 505 (2021), Business Scholarship Podcast, November 4, 2021.

Quoted, "Theranos Founder Elizabeth Holmes’s Trial: Prosecutors Must Show Intent," (requires account) The Wall Street Journal, September 7, 2021.

Quoted, "Coinbase’s VC Disclosure Underscores Tight Bonds of Crypto Investors," The Information, April 15, 2021.

Quoted, "Trump's Tiktok Saga May Be a Sign of What's to Come, as Governments Around The World Start to Pay Closer Attention to Who’s Controlling the Data and Technology Used By Their Citizens," Business Insider, September 18, 2020.

Quoted, "Nvidia's $40 Billion Purchase of Arm Could Well Bring the Chip Designer Under US Trade Restrictions but That Won’t Necessarily Undermine Its Business," Business Insider, September 15, 2020.

Interviewed, "Amy Deen Westbrook on Cash Bounties and FCPA Enforcement," Corporate Crime Reporter, September 3, 2020. Print edition, 34 Corporate Crime Reporter 31(13)), August 3, 2020.

Quoted, "Trump's Attack on TikTok Is Setting Off Alarm Bells in Silicon Valley," Business Insider, August 17, 2020.

Quoted, "'A Strange Power': The Secretive Presidential Committee that Could Kneecap TikTok," Fortune, August 7, 2020.

Featured interview, "USMCA Seen as Boon to U.S. Dairy Producers," Midwest Messenger Kansas, September 25, 2019.

Quoted, "WeWork's Long List of Potential Conflicts Adds Questions Ahead of IPO," (requires account) The Wall Street Journal, September 6, 2019.

Quoted, "How to Govern the Unicorns," (requires account) The Wall Street Journal, December 21, 2018.

Guest, "Business Ethics in Corporate America," Working Capital series (produced by Washburn University's public broadcasting station KTWU), April 22, 2018.

Quoted, "How the World’s Wealthiest Keep it in the Family," MoneyWeek, April 13, 2018.

Quoted, "Legitimacy of Investment Opportunity Presented to Topeka-Area Residents Doubted," Topeka Capital Journal, May 19, 2017.

"War on Terror: Metro companies wary of work with 'rogue states'," Atlanta Journal-Constitution (January 5, 2012) (discusses U.S. Securities and Exchange Commission's Office of Global Security Risk inquiries to companies about their activities in countries designated as state sponsors of terror).

"The Antitrust Issue," Interview with a reporter from State of the State Kansas (October 22, 2009) (Talks about the antitrust implications of removing the exemption for health insurance companies).

Presentations

Presenter, "Progressive Corporate Governance Under Social Capitalism: Do the Right Thing or Share the Wealth?," Central States Law Schools Association (CSLSA) Annual Scholarship Conference, Washburn University School of Law, Topeka, Kansas, September 22, 2022.

Presenter, "A Safe Harbor for Ransomware Payments: Protecting Stakeholders, Hardening Targets, and Defending National Security ," Central States Law Schools Association (CSLSA) Annual Scholarship Conference, Washburn University School of Law, Topeka, Kansas, September 26, 2021 (Zoom).

"The Foreign Corrupt Practices Act: Compliance Begins Here at Home," 2021 Selected Topics and Miscellany CLE webinar, Washburn University School of Law, Topeka, Kansas, June 17, 2021.

"Recent Developments in Agricultural Trade," Agribusiness Symposium, Hutchinson, Kansas, September 13, 2019.

"The Corporations Law Part of Corporate Compliance," University of Toledo Law Review Symposium "Creating Compliance: Exploring a Maturing Industry," University of Toledo College of Law, Toledo, Ohio, October 7, 2016.

"Recent Trends in FCPA Enforcement," 2016 Lewis & Clark International Law Symposium, Managing Corruption Risks in International Business: Perspectives from the U.S. and Abroad, Lewis & Clark Law School, Portland, Oregon, March 4, 2016.

"Recent Developments in International Anti-Corruption Measures," Corrupting Investor-State Arbitration? The Role of Corruption Allegations in International Investment Arbitration Proceedings, Investment Claims webinar, Oxford University Press, February 20, 2015.

"Whistleblower Incentives: One Step Forward or Two Steps Back for the Foreign Corrupt Practices Act (FCPA)?," Ethics and Corporate Malfeasance: Interdisciplinary Perspectives conference, University of Maryland Robert H. Smith School of Business, Center for the Study of Business Ethics, Regulation and Crime, College Park, Maryland, September 12, 2014.

"The Foreign Corrupt Practices Act and the Long-Awaited, Anticlimactic Government Guidance," Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 2013.

"Double Trouble: Collateral Shareholder Litigation Following Foreign Corrupt Practices Act Investigations," The Ohio State University, Moritz College of Law, Columbus, Ohio, March 16, 2012.

Panelist, "U.S. Securities Law and Global Security," Panel on 'Cutting-Edge' issues in Public and Private International Law, ABA Section of International Law Fall Meeting, Dublin, Ireland, October 12, 2011.

"Following the Money: New Global Anti-Corruption Initiatives," Law and Society Association Annual Meeting, San Francisco, California, June 2, 2011.

"Security Questions about Securities Markets: Public Company Disclosure of Business Operations in State Sponsors of Terrorism" University of North Dakota School of Law, Grand Forks, North Dakota, February 28, 2011.

"Materiality at the Intersection of Security Policy and Securities Law," Faculty Development Series, Washburn University School of Law, Topeka, Kansas, November 4, 2010.

"Bridging the Gap in Barbados," Washburn University Brown Bag International Lecture, Topeka, Kansas, October 6, 2010.

"It Could Happen to You: The Unruly Expansion of the U.S. Foreign Corrupt Practices Act," Faculty Development Presentation, Stetson Law School, Gulfport, Florida, March 8, 2010.

Panelist, "The Evolution of the Business Lawyer," 10th Circuit Spring Meeting, ABA Law Student Division, Kansas Association for Justice, Topeka, Kansas, February 13, 2010.

"What Happened?: 2009 Developments in Finance," Women Attorneys Association of Topeka and Women's Legal Forum, Washburn University School of Law, Topeka, Kansas, January 27, 2010.

"Enthusiastic Enforcement, Informal Legislation: The Unruly Expansion of the U.S. Foreign Corrupt Practices Act," Faculty Development Series, Washburn University School of Law, Topeka, Kansas, January 21, 2010.

"Teaching Innovations: The University at Buffalo Finance Transactions Concentration," Workshop on Transactional Law, Association of American Law Schools (AALS) Mid-Year Meeting, June 12, 2009.

"Economic Sanctions and Securities Regulation: Pitfalls in the Global Market," 2008-2009 Faculty Colloquia Series, University of San Diego Law School, San Diego, California, September 29, 2008.

"The University at Buffalo New York City Program in International Finance and Law," University at Buffalo Law School Dean's Advisory Council Meeting, New York City, New York, March 8, 2008.

"The University at Buffalo New York City Program in International Finance and Law," University at Buffalo Law School Dean's Advisory Council Meeting, New York City, New York, April 21, 2007.

"Doing Business Across the Bridge," University at Buffalo Law Alumni Convocation, Buffalo, New York, November 15, 2003.

"The Facets of a Legal Education - In the Classroom and Beyond," University at Buffalo Law School Dean's Advisory Council Meeting, Buffalo, New York, October 20, 2000.

Professional Service

Member, Kansas Bar Association Committee on Revisions to the Kansas General Corporation Code, 2022.

Selected as an inaugural Fellow of the Quality Shareholder Initiative at the George Washington University Law School (GW) Center for Law, Economics and Finance (C-LEAF), 2020.

Developed and taught a Winter School program on International Business Transactions and Contract Drafting, National Center for Commercial Law, Free University of Tbilisi, Bazaleti Training Centre, Tbilisi, Republic of Georgia, January 23-29, 2012 (included 38 law students and recent graduates from multiple Georgian law faculties. Free University law faculty members co-taught the program, and offered their Georgian perspectives on the materials).

Advisory Board Member, United Against Nuclear Iran (UANI), 2009-.

Other Activities

Contributor, United Against Nuclear Iran Network Blog, 2010-