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Corporate & Securities Law

Business Law Prof Blog

Business law resources, information, and news for the academic community

Post Frequency: 11.8/day

Last Entry: April 01, 2011 at 11:04:42

So That's Where the Internet Money Comes From

Posted on January 12, 2011
McKinsey Quarterly recently conducted a study, which found that the Web is currently running a "?100 billion annual surplus." (The article about the study is available here, free registration required.) The study surveyed Web users in Europe and the United...

The Subprime Crisis and Cinema...

Posted on January 11, 2011
Students often ask me what films best capture these frenzied financial times. For a brief but scathing look at Congress' exemption of credit derivatives from the purview of both the SEC and CFTC, I suggest viewing an indie titled American...

EPA Moving Slowly; Texas Not Playing Well With Others

Posted on January 10, 2011
Following the Supreme Court's decision in Massachusetts v. EPA, the EPA is gearing up to regulate greenhouse gas (GHG) emissions, as is now required under the Clean Air Act. Most states have taken the steps they need to modify their...

Arizona Shooting Raises Questions About Costs of Vitriol in Politics and Elsewhere

Posted on January 09, 2011
You can find some background on the shooting here. For whatever reason, the story made me search "civility party" on delicious. I came up with an article from 11 months ago entitled "The Civility Tour." Here is the quote that...

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Another Corporate "Problem-Solution" Dance

Posted on January 09, 2011
A while back I blogged about the "problem-solution dance" introduction I usually give to my Corporations class. Here's another version based on the notes I took while listening to David Yosifon's presentation at the AALS panel on "Corporate Political Speech...

Oil Commission Overstates Ability to Avoid Deepwater Spills

Posted on January 07, 2011
The National Oil Spill Commission yesterday released a chapter of its report on the blowout of BP?s Macondo well in the Gulf of Mexico. The portions released solidly place the blame for the blowout on BP, Transocean, and Halliburton, finding...

Hayden and Bodie on the Unraveling of 'Nexus of Contracts' Theory

Posted on January 06, 2011
Grant Hayden and Matthew Bodie have posted a paper forthcoming in the Michigan Law Review entitled "The Uncorporation and the Unraveling of 'Nexus of Contracts' Theory." Here's the abstract: This is a review of The Rise of the Uncorporation, by...

Preview: Lawyers in Corporate Decision-Making

Posted on January 05, 2011
Robert Eli Rosen's book, Lawyers in Corporate Decision-Making, was just released in paperback by Quid Pro Books. I have not had a chance to read the book, yet, but my excellent professional responsibility professor at Tulane, Alan Childress, started the...

(Hopefully) Signs of a Recovery

Posted on January 03, 2011
Stocks are up to begin the new year, U.S. manufacturing and U.S. auto sales appear to have fared comparatively well over the past well, and even housing did better in 2010 than was expected (although expectations were admittedly low). Some...

Some Energy for Those New Year's Resolutions

Posted on January 02, 2011
If these two House music podcasts don't get you through that last mile, you may be dead (the links take you to a list of podcasts, make sure you pick the ones listed below--not all podcasts are created equal): 1....

Law Profs and Labor

Posted on January 01, 2011
The annual meeting of the American Association of Law Schools is set to kick off in San Francisco next week. For the past few months, the academy has been struggling with how best to deal with the on-going labor dispute...

A Possible Introduction Via the FCPA: Alcatel Meet Caremark

Posted on December 31, 2010
On December 27, the SEC charged Alcatel-Lucent, S.A., with several Foreign Corrupt Practices Act (FCPA) violations claiming the company was bribing foreign government officials to obtain business illegally. According to the press release: The SEC alleges that Alcatel?s subsidiaries used...

A Few Thoughts on Holiday Sales, Gas Prices, and the Economy

Posted on December 29, 2010
Is the economy finally on the rebound? According to reports of holiday retail sales (see, e.g., here), the answer seems to be yes. Holiday sales are up 4% over last year, which was viewed as something of a stabilizing year...

More Insider Trading: Caveat Emptor?

Posted on December 29, 2010
Stephen Bainbridge responds (here) to my last post, wherein I suggest that insider trading has a negative impact on investor confidence. In what I view as classic Bainbridge fashion, he writes: If you're an investor who thinks that the playing...

Wisdom From A Different Yogi...

Posted on December 28, 2010
My Regulation of International Markets class engaged in a lively discussion today. The topic was insider trading - not the frequency, the prohibitions, or the penalties, but the cause. The varied theories shared by the 2Ls and 3Ls served as...

AALS Hot Topics Panel: The BP Blowout Oil Spill and Its Implications

Posted on December 27, 2010
I have the pleasure of joining a Hot Topics panel for AALS 2011 in San Francisco. The panel will occur, Friday, January 7th from 10:30 a.m. to 12:15 p.m. Here's the panel description: The well-publicized BP oil spill in the...

Insider Trading is Illegal

Posted on December 26, 2010
Would you invest in the stock of publicly traded companies if you knew that every time insiders became aware of market-moving information they would first trade on it themselves, then share it with their quid-pro-quo "friends" who would then also...

BLPB Named One of 50 Best Business Professor Blogs

Posted on December 25, 2010
BSchool.com provides its list here. We made the list as one of only six business law blogs. Thanks to all our readers for your support. Merry Christmas and Happy Holidays! SJP

Mixed Results in Government Energy Policy

Posted on December 24, 2010
The EPA announced that it is "going green" with new greenhouse gas regulations proposals (see here), while the military is being touted by Thomas Friedman in the New York Times as the new movers and shakers in green energy. Unfortunately,...

Just in Case You're Stressed

Posted on December 23, 2010
First, the BLPB tie-in: (1) Business law is practiced by business lawyers; (2) business lawyers get stressed; and (3) Zen meditation can be an effective form of stress management. Second, the shameless self-promotion: I've collaborated with the photographer Tim Averre...

Is Google Too Big?

Posted on December 22, 2010
The Dealbook presents round 2 on the question of whether Google is a monopoly here. I'm convinced Google is enormous, but I'm not convinced that is inherently a problem. There are some good arguments on both sides, but reading some...

First Things First

Posted on December 21, 2010
Yesterday, I started teaching a new course I designed called "Regulation of International Markets." One of the more provocative student observations during the first class queried, "Where does the money come from when somebody buys low and sells high?" That's...

SEC's Announces First Non-Prosecution Agreement for Cooperative Company

Posted on December 20, 2010
The SEC today announced that it was pursuing charges against Carter's former Executive Vice President Joseph M. Elles "for engaging in financial fraud and insider trading," which the SEC claims "caused an understatement of Carter's expenses and a material overstatement...

Schwarcz on Marginalizing Risk

Posted on December 19, 2010
Steven L. Schwarcz has posted a paper on SSRN entitled "Marginalizing Risk." Here's the abstract: A major focus of finance is reducing risk on investments, in order to reduce a borrower?s costs of funds. From any given investor?s standpoint, risk...

FCC v. AT&T: Is There a Justice Scalia Wildcard?

Posted on December 18, 2010
I've been working on a summary of FCC v. AT&T for the ABA's Supreme Court Preview. The question presented is whether corporations have cognizable "personal privacy" rights under Exemption 7(C) of the Freedom of Information Act that they can assert...

SEC Case Makes Alternative Energy Look Like 1990s Internet Start-Ups

Posted on December 17, 2010
The SEC yesterday announced charges against Alternate Energy Holdings Inc. (AEHI), alleging the the company raised millions of dollars from investors "while fraudulently manipulating its stock price through misleading public statements that conceal the [executives'] secret profits...

John Coates on Corporate Governance and Corporate Political Activity

Posted on December 16, 2010
John C. Coates, IV, has posted a paper on SSRN entitled: ?Corporate Governance and Corporate Political Activity: What Effect Will Citizens United Have on Shareholder Wealth?? Here?s the abstract: In Citizens United, the Supreme Court relaxed the ability of corporations...

Judges' Facebook Dilemma: To Friend or Not to Friend?

Posted on December 15, 2010
Now that Facebook is such a hot commodity (just check out Time Magazine's Person of the Year), there are concerns everywhere about what can happen when you have a Facebook page. (The same is true, of course, for Twitter, Myspace...

Agency Law & (No) Tipping Policies Under Massachusetts Law

Posted on December 13, 2010
The National Law Journal reports that the Court of Appeals for the First Circuit heard oral arguments in DiFiore v. American Airlines Inc., 688 F. Supp. 2d 15 (D. Mass. 2009) (case available here). The case is postured as a...

Akron Wins!

Posted on December 13, 2010

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