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When Do Judges Throw the Book at Companies? The Influence of Partisanship in Corporate Prosecutions
Abstract We document that judges’ political affiliations are strongly associated with the level of judicial penalties levied against companies. For example, Republican-appointed judges impose larger fines for hiring illegal immigrants, while Democrat-appointed judges impose larger fines for pollution- and environment-related violations. Time-series variation suggests that political partisanship, not fixed ideological differences, drives these findings. The differences become amplified when higher-court judicial vacancies exist and in the months before national elections. Our findings highlight the importance of political polarization for U.S. companies and illustrate how judicial composition can affect firms’ incentive to avoid violating laws connected to partisan issues.
Bank Entry Barriers and Firms’ Risk-Taking
ABSTRACT We study how nonfinancial firms’ operating risks change after bank competition increases. By exploiting the 1990s staggered regulatory reforms across U.S. states that allowed interstate banking and branching, we show that out-of-state bank entry was associated with lower borrower risk-taking on average. Large, profitable, safe, and geographically diversified firms signed up as new clients of large entrant banks, which offered larger and cheaper loans that reflected their higher efficiency and risk reduction through geographical diversification. We argue that these large banks could substitute for local relationship lending with more data collection from branches in multiple states. Firms that began borrowing from entrant banks increased capital expenditures and project-specific financing and kept R&D expenses stable but reduced R&D risk. Firms that continued borrowing from incumbent banks paid higher interest rates and increased their risk, suggesting that their credit access fell. States that opened up more had bigger changes in these outcomes. Data availability: Data are available from the public sources cited in the text. JEL Classifications: G21; G28; G32.
Policy uncertainty and corporate credit spreads
We find a significant positive relation between changes in policy uncertainty and changes in credit spreads. Macroeconomic conditions, including general uncertainty, do not explain this result, which also holds when we use instrumental variables to address endogeneity issues. The impact of policy uncertainty is greater for firms that operate in regulation-intensive industries, face high tax rates, or are dependent on government spending. It is also stronger for firms that engage in political activities or rely on external financing. We conclude that policy uncertainty has a significant effect on firms’ borrowing costs, with exposure to government policies representing an important channel.
Do Country-Level Creditor Protections Affect Firm-Level Debt Structure Concentration?
Abstract We study the effects of country-level creditor protections on the firm-level choice of debt structure concentration. Using data from forty-six countries, we show that firms form more concentrated debt structures in countries with stronger creditor protection. We propose a trade-off framework of optimal debt structure and show that in strong creditor rights regimes, the benefit of forming concentrated structures outweighs its cost. Because strong creditor protections increase liquidation bias, firms choose concentrated debt structures to improve the probability of successful distressed debt renegotiations. Firms with ex ante higher bankruptcy costs, including those with higher intangibility, cash flow volatility, R&D expenses, and leverage, exhibit stronger effects. Firms with restricted access to capital are also affected more. A difference-in-differences analysis of firms’ debt structure responses to creditor rights reforms confirms the cross-country results. Our findings are robust to alternative settings and a battery of robustness checks.