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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

Resource: The ABA Committee on the State Regulation of Securities

Posted on September 26, 2010
I recently joined the ABA's Committee on the State Regulation of Securities, and was immediately impressed with the materials I received. I think that if you give the most recent edition of their newsletter, The Blue Sky Bugle, a quick...

Securities Regulation and the Increasing Impact of Macroeconomic Forces on Stock Prices

Posted on September 25, 2010
The Wall Street Journal reported yesterday that macroeconomic forces are driving stock prices to move in a lockstep fashion more than ever, making traditional stock analysis based on an individual company's fundamentals less and less relevant. If this trend continues,...

How to Fix the "Broken" Financial System: Stop Trying to Fix It

Posted on September 24, 2010
According to Paul Volcker, the "financial system is broken." Furthermore, with regard to limits on the abilities of regulators, he says: ?Relying on judgment all the time makes for a very heavy burden whether you are regulating an individual institution...

The Business of Food

Posted on September 23, 2010
Some recent headlines: Corporate Lobbying Is Blocking Food Reforms, Senior UN Official Warns Voices of Federal Food Safety Scientists and Inspectors: ?[S]pecial interests and public officials all too often inhibit the ability of government scientists and inspectors to protect the...

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Business Associations Meets Employment Law

Posted on September 23, 2010
In my employment law course yesterday, I taught the North Dakota case Earthworks, Inc.v. Sehn (here). I use the case as part of my section on covenants not to compete, and I like it because it also provides a straight-forward...

My Bio - Joel McTague

Posted on September 22, 2010
As Stefan indicated yesterday, I'll be guest blogging over the course of the next few weeks on Wednesdays. His post pointed to my bio, so rather than bore you with a bunch of facts about me, I'll share my goal...

Olmstead

Posted on September 22, 2010
The Florida Supreme Court recently issued the Olmstead v. Federal Trade Commission case. The case's holding is that F.S. 608.433 (4) allows a court to order a debtor to surrender "all right, title, and interest" in the debtor's single-member LLC...

Business Judgment Rule

Posted on September 22, 2010
In the first case of its kind that I'm aware of, a Florida court has held that the business judgment rule standards are different for different types of businesses. In Hollywood Towers Condominium Association v. Hampton, a Florida appellate court...

Civil Discourse, Professionalism, and Blogging

Posted on September 22, 2010
At the risk of being late to the game and adding my two cents to the million dollar pot already created by some real heavy hitters, here's my take last week's blog explosion. A blogger last week at Truth on...

Welcome Guest Blogger Joel McTague

Posted on September 21, 2010
I'm pleased to welcom Joel McTague to the BLPB. He'll be guest blogging on Wednesdays for the next 30 days or so. As usual, I'll leave the more detailed introduction to him. In the meantime, you can view his bio...

On Bailouts, Lehman, and History

Posted on September 21, 2010
The lingering economic crisis has resurrected questions on the level of government involvement necessary to sustain the economy. In particular, the issue of Lehman's demise (against the backdrop of the rescue of AIG and others) has garnered additional attention, with...

Conference Announcement: Fiduciary Duties in Closely Held Firms 35 Years after Wilkes v. Springside Nursing Home

Posted on September 20, 2010
Eric Gouvin, my friend from Western New England College School of Law, sent me the following conference announcement: On Friday, October 15, the Western New England College Law and Business Center for Advancing Entrepreneurship will present a truly outstanding program...

Lawsuits and Public Relations at Goldman

Posted on September 20, 2010
So Goldman takes another PR hit, as a reports come of a discrimination lawsuit (pdf) filed by three female plaintiffs. The complaint alleges, among other things, that women have been paid less and promoted less, and that Goldman has a...

More Thoughts on the Roberts Court and Business Law

Posted on September 19, 2010
My Akron Law colleague, Will Huhn, has put up a couple of interesting posts over at our Akron Law Cafe blog that I think will be of interest to readers here. First, Prof. Huhn discusses three upcoming consumer claim preemption...

Is the Roberts Court Pro-Business?

Posted on September 18, 2010
The animating question of the 2-day colloquium I recently attended at Case Western School of Law was whether the Roberts Court is pro-business. This is obviously not a novel question, but nonetheless one that will likely continue to generate interesting...

Is the Revlon Duty Creeping into the Business Judgment Rule? (No)

Posted on September 17, 2010
When Chancellor Chandler decided eBay v. Newmark (pdf) (aka ?the craigslist case?), the case triggered all kinds of discussions, including the implications of poison pills and analogies to Dodge v. Ford. I remain interested in the Dodge v. Ford angle...

Symposium: The Changing World of Securities Regulation

Posted on September 16, 2010
I'll be attending a colloquium at Case Western Reserve School of Law today and tomorrow, enjoying discussion of paper presentations by A.C. Pritchard, Thomas Lambert, Matthew Bodie, and Brian Fitzpatrick. Unfortunately, I'll be unable to attend the upcoming (Oct...

Lessons Learned from Calvin Johnson and Life as a Lions Fan

Posted on September 15, 2010
The NFL's response (for more on that, see here) to the ridiculously poor interpretation of what constitutes a touchdown catch in Sunday's Detroit Lions game reaffirms my view that the goal of rulemakers and rule interpreters is to get the...

A Fine Start...

Posted on September 14, 2010
The New York Times yesterday described the changes to global banking rules agreed to by representatives of 27 nations. See Jack Ewing, "World Panel Backs Rules to Avert Banking Crises," NY Times (Sept. 12, 2010). The changes would triple bank...

Adding, Retaining, and Unmaking Partners at Goldman

Posted on September 13, 2010
The New York Times reports that Goldman Sachs will be making several new partners this year and "unmaking" several others. Unlike many firms (law and otherwise) Goldman apparently regularly removes partners to ensure they have room for their "talented up-and-comers...

Some Thoughts on Income Inequality

Posted on September 12, 2010
Following nicely on the heels of yesterday's reference to increasing U.S. poverty, I give you some smart people discussing income inequality (the smart people are Henderson and Bainbridge--my comments at the end are just "deep thoughts"): Over at Truth on...

Sobering Numbers

Posted on September 11, 2010
Yahoo reports that the U.S. poverty rate is expected to increase to 15% for 2009. When reflecting upon this number, keep in mind that a family of four living on $23,000 a year is not considered to be living in...

Philanthropy as a Business Model: Comparing Ford to craigslist

Posted on September 10, 2010
At The Conglomerate, Gordon Smith notes some comparisons between Dodge v. Ford (pdf here) and eBay v. Newmark (pdf here). I certainly see the comparison (and I think his post here on the case and Christine Hurt?s earlier post here...

Guest Bloggers Welcome

Posted on September 09, 2010
If you'd like to do some guest blogging on the BLPB, please contact us via the link provided on the left side of this page. SJP

The Next Scandal?

Posted on September 09, 2010
Benjamin Golez and Jose M. Marin recently posted the following abstract for ?Price Support in the Stock Market? on SSRN: The interplay of delegated portfolio management and asset management ownership generates a double agency problem that may result on trading...

The SEC, Phony Promissory Notes, and Lead Helmets...

Posted on September 08, 2010
My first semester of law school was punctuated by an unusual tale in Torts class. Under the rubric of 'contributory negligence,' the professor regaled us with a case involving a backwoods doctor and a naive soul suffering from migraine headaches....

Helping Students Prepare for Practice

Posted on September 08, 2010
As part of my goal of better preparing students for day one of practice, I have been adding small projects to my larger classes to help supplement the doctrinal discussions. One focus has been to add ethics and professionalism components...

Shareholders and CEOs: The Tail Wagging the Dog?

Posted on September 07, 2010
Over at CNBC, Gary Kaminsky writes that Oracle's courtship of former HP CEO Mark Hurd is something for shareholders to watch. Kaminsky argues that shareholders need to be concerned "about owning shares when the CEO is larger in stature than...

Hoffman and Steinberg on Milberg Weiss

Posted on September 06, 2010
Lonny Sheinkopf Hoffman and Alan F. Steinberg have posted The Ongoing Milberg Weiss Controversy on SSRN with the following abstract: In this paper we revisit the ongoing controversy surrounding the Milberg Weiss prosecution. Our paper responds to an important, recent...

The Reasonably Available Data Rule

Posted on September 04, 2010
The Wall Street Journal ran an article this week about the SEC's on-going case against Angelo Mozilo, former CEO of Countrywide. The Journal noted that one of the key issues was whether disclosures by Countrywide subsidiaries (with names such as...

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