Erik Gerding

Professor of Law
Securities Regulation, Banking, Financial Institutions, Financial Products, Financial Markets, Financial Regulation

401 UCB
2450 Kittredge Loop Drive
Wolf Law Building
Boulder, CO  80309
Office: 469
Phone: (303) 492-4899

Curriculum Vitae:  View (PDF format)

Erik Gerding is a Professor and a Wolf-Nichol Fellow at Colorado Law. He joined the University of Colorado Law School in 2011. His research interests include securities, banking law, the regulation of financial markets, products, and institutions, payment systems, and corporate governance.

Routledge published his book Law, Bubbles, and Financial Regulation in 2014. The book examines the interaction of asset price bubbles and financial regulation. He has been working since 2003 on projects involving securities, financial, and corporate law during bubbles, financial crises, and periods of market volatility. His research also focuses on the application of technology to financial regulation, including analyzing the use of technologies (such as risk models) in governing financial markets.

At Colorado, Professor Gerding teaches Banking Law, Contracts, Securities Regulation, Corporations, Deals, and Corporate Finance. Professor Gerding came to Colorado from the University of New Mexico School of Law, where he taught for five years. At New Mexico, he taught a wide range of business law courses, including Contracts, Business Associations, Payment Systems, Secured Transactions, Business Planning, and Law and Economics.

Erik Gerding practiced in the New York and Washington, D.C. offices of Cleary Gottlieb Steen & Hamilton LLP. His practice at the firm included representing clients in the financial services and technology industries in an array of financial transactions and regulatory matters. He has been quoted in articles on financial regulation in various national and international publications, including The Wall Street Journal, The Washington Post, The New York Times, The Financial Times of London, Money magazine, and Computerworld. He is a contributor to The Conglomerate, a blog of six law professors on law, business, and economics.

Published Books

Bubbles, Financial Regulation, and Law (2013) (Routledge),
Introduction to the Book on ssrn.


Inside Safe Assets, 33 J. Reg. 363 (2016) (with Anna Gelpern).
Code, Crash, and Open Source: The Outsourcing of Financial Regulation to Risk Models and the Global Financial Crisis, 84 Wash. L. Rev. 127 (2009), reprinted in 42 Sec. L. Rev. 67 (2010).
Laws Against Bubbles: An Experimental Asset Market Approach to Analyzing Financial Regulation, 2007 Wis. L. Rev. 977 (2007).
The Next Epidemic: Bubbles and the Growth and Decay of Securities Regulation, 38 Conn. L. Rev. 393 (2006).

Book Chapters

Rethinking the Law in Safe Assets, in RECONCEPTUALISING GLOBAL FINANCE AND ITS REGULATION (Ross Buckley et al. eds., forthcoming 2016) (Cambridge) (with Anna Gelpern).
"Complexity," Information Failures in the Financial Crisis, and Reinventing Securities Disclosure, in RISK MANAGEMENT AND CORPORATE GOVERNANCE (Tassos Malliaris & Abolhassan Jalilvand, eds., 2011)(Routledge).
The Outsourcing of Financial Regulation to Risk Models, in essons from the Financial Crisis: Causes, Consequences, and Our Economic Future 293 (Robert W. Kolb ed., 2010).
United States of America, in Directors' Personal Liability for Corporate Fault: A Comparative Analysis 301 (Helen Anderson ed., 2008).
Codificacion Regulatoria en los Estados Unidos, in SESQUICENTENARIO DEL CÓDIGO CIVIL DE ANDRÉS BELLO: PASADO, PRESENTE Y FUTURO DE LA CODIFICACIÓN, (María Dora Martinic, Mauricio Tapia, Sebastián Ríos, eds., 2005) ("Regulatory Codification in the United States," in THE SESQUICENTENNIAL OF THE CIVIL CODE OF ANDRÉS BELLO: PAST, PRESENT AND FUTURE OF CODIFICATION) (Lexis/Nexis).

Symposia, Invited Essays, and Short Articles

The Dialectics of Bank Capital: Regulation and Regulatory Capital Arbitrage, 55 Washburn L.J. 357 (2016).
Disclosure 2.0: Can Technology Solve Overload, Complexity, and Other Information Failures?, 90 Tul. L. Rev. 1143 (2016).
Volcker's Covered Funds Rule and Trans-Statutory Cross References: Securities Regulation in the Service of Banking Law, 10 Capital Markets L.J. 488 (2015). abstract
Private and Public Ordering in Safe Asset Markets, 10 Brook. J. Corp. Fin. & Com. L. 97 (2015) (with Anna Gelpern).
Bank Regulation and Securitization: How the Law Improved Transmission Lines between Real Estate and Banking Crises, 50 Ga. L. Rev. 89 (2015).
Contract as Pattern Language, 88 Wash. L. Rev. 1323 (2013).
Credit Derivatives, Leverage, and Financial Regulation's Missing Macroeconomic Dimension, 8 Berkeley Bus. L. J. 29 (2011).
Deregulation Pas de Deux: Dual Regulatory Classes of Financial Institutions and the Path to Financial Crisis in Sweden and the United States, 15 Nexus 135 (2010).
The Dangers of Delegating Financial Regulation to Risk Models, 29(4) Banking & Fin. Serv. Pol'y Rep. 1 (April 2010).
The Subprime Crisis and the Link between Consumer Financial Protection and Systemic Risk, 4 F.I.U. L. Rev. 93 (2009).
Sometimes Too Great a Notional: Measuring the "Systemic Significance" Of OTC Credit Derivatives, 1(11) Lombard Street 10 (August 31, 2009) (with Margaret M. Blair).

Selected Press, Media & Publicity

Federal Regulators Sue BNY Mellon as Trustee of Sour Mortgage Securities | Pittsburgh Tribune | Thursday, August 20, 2015
Despite Changes, an Overhaul of Wall Street Falls Short | | Wednesday, March 4, 2015
Focus on Asset Managers Highlights Bad Behavior by S.E.C. | | Wednesday, July 16, 2014
Reassessing Reversal of Adversary to S.E.C.: Rethinking Court's Reversal of S.E.C. Challenger, | The New York Times | Friday, June 13, 2014
Three Interesting Books | Business Law Prof Blog | Monday, April 28, 2014
SEC Drops 20% of Probes After 'Wells Notice' | Wall Street Journal | Tuesday, October 8, 2013
JPMorgan's Admission: A symbolic victory for the SEC, of limited use in private lawsuits | Washington Post | Thursday, September 19, 2013
Two Charged in J.P. Morgan 'Whale' Trades | Wall Street Journal | Wednesday, August 14, 2013
Insider Case Highlights Ties of Friends, Family | Wall Street Journal | Sunday, August 11, 2013
Is 'Fab' Trial Just The Start? | Wall Street Journal LawBlog | Thursday, July 18, 2013
Court Tosses Out Suit In Victory for Goldman | Wall Street Journal | Tuesday, May 14, 2013
Ways investors gain 'political intelligence' facing public scrutiny | Washington Post | Thursday, May 9, 2013
Judge delays approving $602 million insider trading settlement, citing liability question | Washington Post | Tuesday, April 16, 2013
Limits of Insider Probes Expand | Wall Street Journal | Sunday, April 14, 2013
Ruling in Rate Probe Doesn't Slow Cases | Wall Street Journal | Wednesday, April 3, 2013
SEC Fires a Warning Shot at SAC | Wall Street Journal | Thursday, November 29, 2012
Shedding Light on Shadow Banking | Bloomberg BusinessWeek | Monday, November 19, 2012
SEC, Two Banks Settle Over Loans | Wall Street Journal | Saturday, November 17, 2012
Citigroup Expanded Shadow Banking as Pandit Urged Regulation | Bloomberg BusinessWeek | Tuesday, October 16, 2012
J.P. Morgan CFO to Exit Post | Wall Street Journal | Thursday, October 11, 2012
Citi Ruling Could Chill SEC, Street Legal Pacts | Wall Street Journal | Tuesday, November 29, 2011
Judge to Citi and SEC: Explain Your Settlement | Wall Street Journal | Thursday, October 27, 2011
Skilling Keeps Up Fight From Prison | Wall Street Journal | Monday, October 17, 2011
Father, Son in Trading Charges | Wall Street Journal | Thursday, September 22, 2011
Mortgage Win for Goldman | Wall Street Journal | Friday, July 22, 2011
Goldman loses - but not by a knock-out | Financial Times | Thursday, April 29, 2010
When Wall Street Deals Resemble Casino Wagers | New York Times | Monday, April 19, 2010
Wall Street meltdown linked to 'outsourcing' of regulation to private code | ComputerWorld | Wednesday, October 8, 2008


Fall 2021 Contracts LAWS 5121-802
Spring 2021 Securities Regulation LAWS 7401-801
Fall 2020 Contracts LAWS 5121-802
Fall 2020 Seminar: Law and Economics LAWS 8318-801
Summer 2020 Corporations LAWS 6211-901
Spring 2020 Deals: Engineering Financial Transactions LAWS 7101-801
Spring 2020 Securities Regulation LAWS 7401-801
Fall 2019 Seminar: Advanced Corporate Law LAWS 8251-801
Fall 2017 Contracts LAWS 5121-803
Fall 2017 Securities Regulation LAWS 7401-801
Spring 2017 Securities Regulation LAWS 7401-001
Fall 2016 Contracts LAWS 5121-801
Spring 2016 Deals: Engineering Financial Transactions LAWS 7101-001
Spring 2016 Securities Regulation LAWS 7401-001
Fall 2015 Legislation and Regulation LAWS 5205-802
Spring 2015 Seminar: Business Law Colloquium LAWS 8101-002
Fall 2014 Regulation of Financial Institutions LAWS 7031-001
Fall 2014 Securities Regulation LAWS 7401-001
Spring 2014 Deals: Engineering Financial Transactions LAWS 7101-001
Fall 2013 Securities Regulation LAWS 7401-001
Spring 2013 Deals: Engineering Financial Transactions LAWS 7101-001
Spring 2013 Securities Regulation LAWS 7401-001
Fall 2012 Contracts LAWS 5121-802
Fall 2012 Regulation of Financial Institutions LAWS 7031-001