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Professor Blanaid Clarke
McCann FitzGerald Chair in Corporate Law, Law

Biography

Blanaid holds the McCann FitzGerald Chair in Corporate Law at Trinity College Dublin. Her research interests include: company law; corporate governance; ethics; financial services law; securities law; and takeover law and she has published extensively in these areas. She is on the editorial boards of the Journal of Business Law and Palmer's Company Law and was one of the editors of Legal Studies (2011-2016).

Blanaid is the Irish representative on the OECD Corporate Governance Committee. She is a member of the European Securities and Markets Authority's Takeover Bids Network and its Securities and Markets Stakeholder Group. Blanaid works with the Irish Takeover Panel and is a member of the Irish Banking Culture Board. Blanaid is a Vice President of the Academic Board of the European Banking Institute and serves on the Society of Actuaries' Professional Affairs Committee.

Blanaid is a member of: the European Model Company Act Group; the University of Oslo's Sustainable Companies project; and the European Corporate Governance Institute. Previously, she was also a member of: the Irish Central Bank Commission (2010-2018); the European Commission's Informal Expert Group on Company Law (2014-2018); and the Reflection Group on the Future of EU Company Law (2010-2011).

Publications and Further Research Outputs

Peer-Reviewed Publications

Ireland in, Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund-Philipp Schuster and Mathias Siems , 'The Private International Law of Companies in Europe, UK , Hart, 2019, pp461-488 , [B. Clarke and D Kenny] Book Chapter, 2019

Unmasking directors and shareholders to prevent the abuse of companies in, editor(s)H. Birkmose, M. Neville and K. Engsig Sørensen , Abuse of companies , The Netherlands, Wolters Kluwer , 2019, pp209-230 , [B Clarke] Book Chapter, 2019

Worker rights under the Cross-border Mergers Directive 2005/56/EC: an Introduction in, Jan Cremers and Sigurt Vitols , Exercising voice across borders: workers' rights under the EU Cross-border Mergers Directive, Belgium , ETUI, 2019, pp29-44 , [B Clarke] Book Chapter, 2019

Blanaid Clarke, Individual Accountability in Irish Credit Institutions - Lessons to be Learned from the UK's Senior Managers Regime , Common Law World Review , 47, (1), 2018, p35 - 52 Journal Article, 2018 DOI

B Clarke (with S. Griffith and D Awrey),, Resolving the Crisis in U.S. Merger Regulation, Yale Journal on Regulation , 35, (1), 2018, p1 - 65 Journal Article, 2018

B Clarke (with S. Griffith and D Awrey), Resolving the Crisis in U.S. Merger Regulation: A Transatlantic Alternative to the Perpetual Litigation Machine , 2018 Working Paper, 2018

A Transatlantic Perspective on Shareholder Litigation in Public Takeovers in, editor(s)S.Griffith, J.Erickson, D. H. Webber, and V. Winship (eds) , Elgar, 415-438 (November 2018) , Research Handbook On Representative Shareholder Litigation, UK, Elgar, 2018, pp415 - 438, [B Clarke (with D Awrey)] Book Chapter, 2018

Governance aspects of mutual funds in Ireland in, editor(s)W Birdthistle and J Morley , Research Handbook on the Regulation of Mutual Funds, UK and USA, Elgar, 2018, pp360 - 381, [B Clarke (and M White) ] Book Chapter, 2018

"EU Takeover Regulation as a Means of Safeguarding the Interests of Employees: Re-opening Pandora's Box" chapter in Helmut Siekmann (editor) , in, editor(s)Helmut Siekmann , Festschrift for Theodor Baums zum siebzigsten Geburtstag, Germany, Mohr Siebeck, 2017, pp215 - 235, [Blanaid Clarke] Book Chapter, 2017

The Duties of Parent Companies in, H. Søndergaard Birkmose , Shareholders' Duties in Europe, Netherlands, Kluwer Law International, 2017, pp229 - 254, [B. Clarke ] Book Chapter, 2017

Banking Regulation in, editor(s)W.Roche, P.O'Connell and A.Prothero , Austerity and Recovery in Ireland, Oxford, Oxford University Press, 2017, pp107 - 123, [B. Clarke] Book Chapter, 2017

National Implementation in the EU: Ireland in, editor(s)G.Moss, B.Wessels and M.Haentjens , EU Banking and Insurance Insolvency (Second Edition), Oxford, Oxford University Press, 2017, pp349 - 363, [Blanaid Clarke] Book Chapter, 2017

Ireland in, editor(s)D Busch and C Van Dam , A Bank's Duty of Care, England, Hart/Bloomsbury, 2017, pp285 - 327, [Blanaid Clarke] Book Chapter, 2017

B. Clarke, Duty of Care, Skill and Diligence - from Warm Baths to Hot Water, The Irish Jurist, LVI, 2016, p139 - 160 Journal Article, 2016

Blanaid Clarke (and Gail Henderson), Directors as guardians of the Public Interest, Journal of Corporate Law Studies, 16, (1), 2016, p187 - 220 Journal Article, 2016 DOI

The Role of Employees in the Takeover Bids Directive in, editor(s)Cremers J and Vitols S. , Takeovers with or without worker voice: worker rights under the EU Directive on Takeover Bids, Brussels, ETUI, 2016, pp33 - 49, [Blanaid Clarke] Book Chapter, 2016

"Deposit Guarantee Schemes" in, editor(s)M.Haentjens and B.Wessels , Research Handbook on Crisis Management in the Banking Sector, Research Handbooks in Financial Law series. , UK, Edward Elgar Publishing , 2015, pp345 - 365, [Blanaid Clarke] Book Chapter, 2015

Blanaid Clarke & Gail Henderson, "Are Public Interest Directors a Good Idea? Lessons from the Irish Banking Crisis" (September 15, 2015). UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 11/2015. , 2015 Working Paper, 2015

Blanaid Clarke, Irish Company Law as a Means of Furthering the Climate Change Agenda, International and Comparative Corporate Law Journal , 11, (3), 2015, p104 - 139 Journal Article, 2015

"The role of board directors in promoting environmental sustainability" in, editor(s)B.J. Richardson and B. Sjåfjell , Company Law and Sustainability , UK, Cambridge University Press, 2015, pp148 - 174, [Blanaid Clarke] Book Chapter, 2015

Blanaid Clarke, The EU's Shareholder Empowerment Model in the Context of the Sustainable Companies Agenda, European Company Law , 2, 2014, p103- Journal Article, 2014

Takeovers Regulation in, editor(s)Geoffrey Morse (Co-ordinating Editor) , Palmers Company Law , London, Thompson Sweet & Maxwell, 2014, pp12065 - 12125, [B. Clarke] Book Chapter, 2014

Blanaid Clarke (with J. Antunes, T. Baums et al) , "Response to the European Commission's Action Plan on Company Law and Corporate Governance" , European Company and Financial Law Review, 10, 2013, p304 - 327 Journal Article, 2013

B. Clarke, The Market for Corporate Control: New Insights from the Financial Crisis in Ireland" , Seattle University Law Review , 36, 2013, p63- Journal Article, 2013

Blanaid Clarke, "The Takeovers' Directive - A Meaningful Contribution to Stakeholders Rights in Europe" , International and Comparative Corporate Law Journal, 10, (1), 2013, p80 - 97 Journal Article, 2013

Deirdre Ahern and Blanaid Clarke, Listed Companies' Engagement with Diversity: A Multi-Jurisdictional Study of Annual Report Disclosures, 2013 Working Paper, 2013 URL URL

B.Clarke and N.Hardiman, Crisis in the Irish Banking System (February 1, 2012). UCD Geary Institute Discussion Paper Series WP2012/03, UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 02/2012 , 2012 Working Paper, 2012

Liability of Asset Managers in Ireland in, editor(s)D. Busch and D. DeMott , Liability of Asset Mangers , Oxford University Press, 2012, pp369 - 409, [B. Clarke and A. Bates ] Book Chapter, 2012

B.Clarke, Irish Company Law Mapping Paper, University of Oslo Faculty of Law Research Paper No. 2012-35. , 2012 Working Paper, 2012

"Ireland: Crisis in the Banking System" in, editor(s)S. Konzelmann and M. Fovargue-Davies , Banking Systems in the Crisis: The Faces of Liberal Capitalism , London, Routledge, 2012, pp107 - 133, [B. Clarke and N. Hardiman ] Book Chapter, 2012

The EU Takeovers Directive - A Shareholder Or Stakeholder Model?" in, editor(s)P. Zumbansen and C. Williams , The Embedded Firm: Labour, Corporate Governance And Finance Capitalism , Cambridge University Press , 2011, [. B. Clarke ] Book Chapter, 2011

Legal Studies, UK, Wylie, [Co- editor], 2011-2018 Editorial Board, 2011

Where Was The 'Market For Corporate Control' When We Needed It? in, editor(s)W. Sun , Corporate Governance and the Global Financial Crisis: International Perspectives , Cambridge University Press, 2011, [B. Clarke ] Book Chapter, 2011

B.Clarke, "Directors' Duties During an Offer Period - Lessons from the Cadbury PLC Takeover" UCD Law Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No.44/2011 , 2011 Working Paper, 2011

B.Clarke, Reinforcing the Market for Corporate Control, European Business Law Review, 2011, p517- Journal Article, 2011

Corporate Law Scholarship in Ireland in, editor(s)J. Schweppe and T. Mohr , Thirty Years of Legal Scholarship: The Irish Association of Law Teachers , Dublin, Roundhall Press, 2011, [B.Clarke] Book Chapter, 2011

B.Clarke, Reviewing Takeover Regulation in the Wake of the Cadbury Acquisition: Regulation in a Twirl , Journal of Business Law, 2011, p298- Journal Article, 2011

B.Clarke, Lessons Learned - The Corporate Governance Code For Credit Institutions And Insurance Undertakings, Dublin University Law Journal , 33, 2011, p172- Journal Article, 2011

B.Clarke, Directors' Duties in a Changing World: Lessons from the Cadbury Plc Takeover, European Company Law , 7, 2010, p204- Journal Article, 2010

B.Clarke and T.Lynn, "The Irish Corporate Governance System" UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 38/2010, 2010 Working Paper, 2010

Journal of Business Law , UK, Sweet&Maxwell, [eds.], 2010-2018 Editorial Board, 2010

Corporate Governance" An Oxymoron? - The Role Of Corporate Governance in the Current Banking Crisis in, editor(s)I. Mcneill and J. O'Brien , The Future Of Financial Regulation , Hart Publishing, 2010, [B. Clarke] Book Chapter, 2010

B.Clarke, "Reinforcing the Market for Corporate Control" UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 39/2010, 2010 Working Paper, 2010

Corporate Governance in Banks of Ireland in, editor(s)A. Kostyuk, F. Takeda, and K. Hosono , Anti-Crisis Paradigms of Corporate Governance in Banks: A New Institutional Outlook , Kiev, Virtus Interpress, 2010, [T. Lynn, R. Sharma and B. Clarke ] Book Chapter, 2010

The Relationship between Corporate Governance and Takeovers in Ireland in, editor(s)R. Keane and A. O'Neill , Corporate Governance - An Irish Perspective , Dublin, Thomson Roundhall, 2009, pp50 - 66, [B. Clarke] Book Chapter, 2009

B.Clarke, The Takeovers Directive - Is a Little Regulation Better Than No Regulation?, European Law Journal , 15, (2), 2009, p174- Journal Article, 2009

Corporate Governance Regulation and Board Decision Making During Takeovers in, editor(s)A. Thankom and J. Turner , Corporate Governance and Development , Edward Elgar, 2009, [B. Clarke] Book Chapter, 2009

B.Clarke, "Where was the 'Market for Corporate Control' when we Needed it?" UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 23/2009, 2009 Working Paper, 2009

B.Clarke, Insider Dealing: Getting Under the Skin of Fyffes Plc v DCC Plc & Others, Journal of Business Law , 2009, p68- Journal Article, 2009

B. Clarke, Contract Cases and Materials , 4th Edition, Gill & Macmillan, 2008 Book, 2008

Inside Information and the Market Abuse Directive in, editor(s)P. Ali and G. Gregoriou , Insider Trading: Regulation and Analysis , London, CRC Press, 2008, [B. Clarke] Book Chapter, 2008

B.Clarke, Takeover Regulation- Through the Regulatory Looking Glass, German Law Journal , 8, 2007, p381- Journal Article, 2007

B.Clarke, European Takeover Regulation and Directive 2004/25/EC, The Company and Securities Law Journal , 24, 2006, p93- Journal Article, 2006

The Market for Corporate Control and the Implications of the Takeover Directive (2004/25) in, P.Ali and G. Gregoriou , International Corporate Governance after Sarbanes-Oxley , New Jersey, John Wiley & Sons, 2006, [B. Clarke] Book Chapter, 2006

B.Clarke, Articles 9 and 11 of the Takeover Directive (2004/25) and the Market for Corporate Control , Journal of Business Law , 2006, p355- Journal Article, 2006

B.Clarke, Regulating Poison Pill Devices, Journal of Corporate Law Studies , 4, 2004, p51- Journal Article, 2004

Cross Border Mergers in Company Law: Removing the Final Barriers - Ireland in, International Federation of European Law XX Congress, Reports and Conclusions , London, British Institute of International and Comparative Law, 2002, [B. Clarke and G. Fitzgerald] Book Chapter, 2002

Accommodating the Special Needs of the Financial Markets - R v Panel on Takeovers and Mergers; Ex Parte Datafin plc in, editor(s)E. O'Dell , Leading Cases of the Twentieth Century, Roundhall Sweet & Maxwell, 2000, [B. Clarke] Book Chapter, 2000

B.Clarke, European Takeover Regulation - The Latest Draft of the 13th Company Law Directive, European Business Law Review , 10, 1999, p482- Journal Article, 1999

B. Clarke, Takeovers and Mergers Law in Ireland , Round Hall Sweet & Maxwell, 1999 Book, 1999

B.Clarke, The Draft 13th Directive and Employees - an Irish Law Perspective, European Business Law Review , 9, 1998 Journal Article, 1998

B.Clarke, Corporate Responsibility in Light of the Separation of Ownership and Control, Dublin University Law Journal , 19, 1997, p50- Journal Article, 1997

Non-Peer-Reviewed Publications

B Clarke, Corporate Governance of Financial Institutions: the Role of Culture, European Banking Institute Annual Conference,, Frankfurt, 22 February 2019, 2019, EBI Invited Talk, 2019

B Clarke, Good Information Driving Good Decision Making - Board Engagement and Information Asymmetry, Supporting the Agenda for Good Governance of State Boards, Dublin, 16 May 2019, 2019, Public Affairs Ireland Invited Talk, 2019

B Clarke, Organisational Culture and the Role of Lawyers, Summer ELSA Law School, Trinity College Dublin , 24 July 2019, 2019 Invited Talk, 2019

B Clarke, Organisational Culture: What Happens When No One is Looking?, TCD Law School's Lecture Series, TCD, 20 March 2019, 2019 Invited Talk, 2019

B Clarke, "Brexit, financial services and contract continuity" , TRiSS - IIEA 'Bitesize' workshop series, Aspects of Brexit, TCD, 20 September 2018, 2018, TRiSS - IIEA Invited Talk, 2018

B Clarke, "Regulation of Takeovers in Ireland and the UK" , Oceans Apart: Corporate and Securities Litigation and Regulation in Comparative Perspective conference,, MCCann FitzGerald, Dublin, 26 April 2018, 2018, Trinity College Dublin, Oxford University and Fordham University Invited Talk, 2018

B Clarke, "Individual Accountability for Regulatory Breaches: the Irish Experience", Regulation of the Banking Sector: Challenges and Emerging Issues conference, University of Bristol , 11 May 2018, 2018 Invited Talk, 2018

Blanaid Clarke, Shareholders Rights Directive II (2017/828/EC) amending Directive 2007/36/EC as regards the encouragement of long-term engagement, Regulatory Update, McCann FitzGerald Solicitors, Dublin, 28 June 2017, 2017, McCann FitzGerald Solicitors Invited Talk, 2017

Blanaid Clarke, Early Intervention Measures under CRD IV, the SSM and SRM regulations (conditions for the application of both) and the early intervention phase under the SRM regulation , Reflections on Competent authorities' Measures in EU Banking Law ( organised by Malta Financial Services Authority and European Banking Institute), Malta, 9 June 2017, 2017 Oral Presentation, 2017

B Clarke, Public Interest Directors and Corporate Governance Reform in the UK, Centre for Law Markets and Regulation , University of New South Wales, Sydney, 14 November 2017, 2017, Law School, UNSW Invited Talk, 2017

Blanaid Clarke, Autonomy and Accountability - performance, rules and trust , The Road to Better Governance in Organisations: Principles, Rules or Values , Dublin, 16 March 2017, 2017, Institute of Public Administration Invited Talk, 2017

Blanaid Clarke, Holding Individuals Responsible for Regulatory Breaches in Banks", Contemporary Issues in Financial Markets Law and Company Law - National, International, European and Comparative Perspectives Conference , Institute of Advanced Legal Studies, London, 15 December 2017, 2017 Oral Presentation, 2017

Blanaid Clarke, Public Interest Directors - Update, Vanderbilt-Ghent Symposium on Corporate Law and Financial Regulation , University of Ghent, 23 May 2017, 2017 Oral Presentation, 2017

B Clarke, The Meaning of "Impact" and "Engagement", ERC Research Impact Day, Queensland University of Technology, Brisbane, 6 November 2017, 2017, Accounting for Social Change Research Group, QUT Invited Talk, 2017

Blanaid Clarke, The Takeovers Directive: An Overview, The Takeovers Directive: Ten years On, Trinity Long Room Hub, 22 April 2016, 2016 Oral Presentation, 2016

Blanaid Clarke, "Implications of Brexit on the Financial Services Sector" , The legal implications of a potential Brexit , Dublin, 5 May 2016, 2016, Irish Centre for European Law and IBEC Invited Talk, 2016

Blanaid Clarke, "The Duty of Parent Companies" , 11th Nordic Company Law Conference on Shareholders' Duties , University of Aarhus, Denmark , 10 November 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "Datafin Revisited: Judicial Review During a Takeover Bid", Centre for European Legal Studies and the Centre for Corporate and Commercial Law Seminar Series,, University of Cambridge , 4 November 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "Company Formation" , European Model Companies Act Conference, Vienna , 10/11 September 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "The Role of Culture in Good Corporate Governance" , CUCC Annual Conference; Compliance Through Communication, , Trinity College Dublin , 18 August 2015, 2015 Oral Presentation, 2015

Blanaid Clarke, "Board Directors: What can we expect of them?" , ERC Lessons in the Management of 'People Risk' Seminar Series, Dublin, 26 March, 2014 Invited Talk, 2014

Blanaid Clarke, Jose Antunes et al,, Response to the European Commission's Action Plan on Company Law and Corporate Governance , 2014 Working Paper, 2014 URL

Blanaid Clarke, "The Role of Audit Committees in Good Governance of Central Banks" , High Level Forum on Central Bank Governance- Audit Oversight and Assurance Mechanisms , Dubai, UAE, 9 December , 2014, Hawkamah and the IMF Invited Talk, 2014

Blanaid Clarke, "Corporate Governance under the Capital Requirements Directive and Regulation" , McCann FitzGerald Presentation , Dublin, 8 May , 2014 Invited Talk, 2014

Blanaid Clarke, "Judicial Review" , Conference of International Takeover Regulators, London, 22 May , 2014 Invited Talk, 2014

Blanaid Clarke, "The Role of Diversity in Good Governance" , Assistant Secretary Network Annual Conference, Farmleigh, Dublin , 4 May , 2014, Department of Public Expenditure and Reform Invited Talk, 2014

Blanaid Clarke, "Shareholders as Guardians of Long Term Growth - Is EU Faith Misguided?" , . Presentation to Corporate and Securities Panel "Improving Approaches and Substance", 2014 Massey Prize Symposium, , University of Texas , 26 September , 2014, University of Texas Invited Talk, 2014

Blanaid Clarke, "Gender Diversity on European Company Boards' , ERA Annual Conference on European Company Law,, Triers, Germany, 26 September 2013, 2013 Oral Presentation, 2013

Blanaid Clarke (with D. Ahern) , Can a 'Comply or Explain' Approach Inspire an Effective Commitment to Board Diversity? , the 12th European Corporate Governance and Company Law Conference, Dublin , 16 May 2013, 2013 Conference Paper, 2013

Blanaid Clarke, "The Takeover Directive - from a stakeholder rights perspective" , GOODCORP meeting organised by the European Trade Union Institute, Brussels and the University of Oslo , Brussels, (17 September 2013), 2013 Invited Talk, 2013

B.Clarke, Regulating risk management at listed companies: panacea or bitter pill?, ERA Annual Conference on European Company Law 2012, Trier, 27 September 2012, 2012 Oral Presentation, 2012

B.Clarke, The Takeovers Directive Report 2012, Post-crisis Trajectories of European Corporate Governance: Dealing with the Present and Shaping the Future, University of Leeds , 21 September 2012, 2012 Oral Presentation, 2012

B. Clarke (with J. Antunes, T. Baums et al), Report of the Reflection Group on the Future of EU Company Law , Available at SSRN: http://ssrn.com/abstract=1851654, European Commission Internal Market and Services, April, 2011 Report, 2011

Palmer's Company Law, Sweet & Maxwell, [eds.], 2009-2018 Editorial Board, 2009

Research Expertise

Description

Blanaid's research interests include company law, corporate governance, financial services law, securities law and takeover law.

Keywords

Banking Law; Business/Corporate Law; Capital Markets Law; Company Law; Contracts; Corporate Governance; Financial Services Regulation; Takeover Regulation