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42 N. Ill. U. L. Rev. [i] (2021-2022)

handle is hein.journals/niulr42 and id is 1 raw text is: NORTHERN ILLINOIS UNIVERSITY LAW REVIEW VOLUME 42 FALL 2021 NUMBER 1 CONTENTS ARTICLES The Helms-Burton Act Backfires: Surprising Litigation Trends Following Title III's Long-Feared Activation Gergana S. Sivrieva ..................................................................................................1 On May 2, 2019, the Trump Administration made the historic decision to lift the suspension of Title III of the Helms-Burton Act for the first time since its enactment in 1996. Title III allows US nationals whose property was confiscated by the Cuban government to sue entities and individuals who now traffic in that property. Legal scholars believed this activation would trigger an avalanche of lawsuits; however, after two years of the law 's operation, only forty-some suits were filed, many by the same plaintiffs. Even more surprising is that instead of exposing foreign corporations that derive substantial benefits from the expropriated properties to liability, Title III is largely being used to target American businesses that have attenuated connections to the properties, at best. This Article explores the surprising trends born from the parties' filings and the opinions issued by federal courts in leading Title III cases, and argues that the statute's violation of international legal norms, failure to secure compensation for US claimants, and unforeseen targeting of domestic companies is ample rationale for the newly elected Biden Administration to urge Congress to repeal the Helms-Burton Act, which has gained the reputation of being one of the most ill-advised foreign policies of the US for a quarter century. The Case for the Inclusion of Employee Relations Matters in Mandatory Disclosure and Reporting Requirements for Public Corporations D erek J . Illa r.................................................................................................... . . 8 7 Public companies have no obligation to disclose and to report matters that pertain to equality in the workplace, the payment of wages and benefits, and health and safety issues employee relations matters under the current statutory and regulatory framework for the capital markets. The absence of this obligation significantly and glaringly handicaps shareholders and other market participants insofar as they are investing in public companies with a limited and distorted understanding of their operations that belies the historical and analytical justifications for mandatory disclosures and reporting. This Article posits that public corporations should publish information about employee relations matters because certain disclosure and reporting requirements already impliedly contemplate their publicization, it promotes the policy objectives that underlie these requirements, and it empowers shareholders and other market participants to make more fully informed decisions with respect to their investment activities. i

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