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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

Proxy Access: The Added Wrinkle of the North Dakota Corporations Law

Posted on September 03, 2010
Back in 2007, North Dakota passed the North Dakota Publicly Traded Corporations Act (ND Act), which became Chapter 10-35 (Publicly Traded Corporations) of the North Dakota Century Code. The ND Act provided a shareholder friendly alternative to the state's Business...

Federal Court Rules Ohio's Suit Against BofA Can Proceed

Posted on September 02, 2010
Kevin LaCroix has an excellent review of the decision here. As he notes, there is much to discuss. But what jumped out at me in the course of reading reviews of the opinion (I have not read the 140-page opinion...

Help Make the BLPB One of the Top 25 Business Law Blogs for 2010

Posted on September 02, 2010
We here at the BLPB are pleased to announce that the blog has been nominated as one of the Top 25 Business Law Blogs for 2010 by LexisNexis. Now, we need your help. If you enjoy this blog, please post...

Questioning the Quest for "Shareholder Engagement" -- European Edition

Posted on September 01, 2010
The European Federation for Retirement Provision (EFRP) weighed in today on the potential value of shareholder engagement in response to the European Commission's Green Paper on Corporate Governance in Financial Institutions and Remuneration Policies...

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The SEC and the Foreign Freeze

Posted on August 31, 2010
Late last week, the SEC obtained a court Order authorizing "emergency action" against two Spanish nationals (a research analyst and a brokerage customer) who allegedly engaged in insider trading in Potash Corporation (an NYSE stock) through purchases of options on...

Explaining Court Ordered Dissolution

Posted on August 30, 2010
The Delaware Court of Chancery issued an opinion on August 2 in Lola Cars International, Ltd. v. Krohn Racing, LLC (pdf) that provides a detailed example of how things can go wrong in a joint venture. The eighty-four page opinion...

Work-Life Balance: The Best House Music Podcast of the Year

Posted on August 28, 2010
If your thing is business law, then you've likely been quite busy recently. Please allow me to remind you that it is important to maintain a healthy balance in your life, including spending time with loved ones, getting plenty of...

Merging Skills and Doctrine in the Classroom: One Professor's Modest Beginning

Posted on August 27, 2010
The AALS Annual Meeting bulletin arrived in my mailbox today, reconfirming that curricular reform, new forms of assessment, and the need to bring skills into the class are hardly new topics of conversation for most faculties. From the Carnegie Report...

New Proxy Access Rules

Posted on August 26, 2010
Lisa Fairfax has a nice summary here. She highlights what I think has to be one of the money quotes from the release:[C]orporate governance is not merely a matter of private ordering. Rights, including shareholder rights, are artifacts of law,...

Replacing Casebooks With Study Guides

Posted on August 26, 2010
I've been toying with the idea of replacing casebooks with the popular "Examples & Explanations" study guides in at least a few of my classes. Why? Because the study guides are significantly less expensive and more likely to be used...

Video Games, Best Efforts, and the Plight of the Long Snapper

Posted on August 25, 2010
Yesterday, I taught Business Associations I for the first time this semester, and today I begin Labor and Employment Law. Despite the name, that latter course is primarily an employment law course that provides an introduction to the NLRA and...

The SEC Sues New Jersey

Posted on August 24, 2010
This is no doubt the regulatory season for broad strokes. Emphasis has been placed on entities so large as to be "systemically significant;" a whole nation has seen its sovereign debt downgraded. And, as was recently publicized, the State of...

Investors Skeptical of Stock Market and Housing and . . .

Posted on August 23, 2010
This weekend brought news that many small investors are exiting the stock markets at a rate similar to that of the 1980s. Similarly, people are (for the most part) not thinking of homes as long-term growth investments in the way...

Web Resources: PLI's Securities Law Practice Center

Posted on August 21, 2010
I'm not sure exactly how new this is, but I was just recently made aware of this site. SJP

North Dakota Law Review Symposium Issue: Energy Derivatives and More

Posted on August 20, 2010
The North Dakota Law Review held an energy law symposium back in Apri, and a while back, I promised to follow-up on a discussion of energy derivatives. Well, at long last, the the symposium issue is out, and the issue...

GM Warns of Anti-Takeover Provisions, But Are They a Risk?

Posted on August 19, 2010
General Motors today filed its SEC Form S-1 for its Initial Public Offering (IPO) (here). The Wall Street Journal has already noted a couple "surprising" risk factors listed in the filing (article here). I was hardly surprised by the listing...

Neurotic Courts?

Posted on August 19, 2010
Earlier this week, my co-blogger J. Scott Colesanti asked whether there was a "New Scrutiny of Settlements" coming from the bench. This made me think of an earlier post by J. Robert Brown Jr. over at the Race to the...

The Increasing Role of State Securities Regulators

Posted on August 19, 2010
The Wall Street Journal has an article today about the increased role of state securities regulators in the oversight of hedge funds. The article notes a difference of opinion as to whether the state regulators are up to the task....

The New Scrutiny of Settlements?

Posted on August 18, 2010
This week - and for at least the third time this year - a federal judge has refused to rubber stamp a monetary settlement between a bank and a U.S. regulator. Specifically, a Washington court will later today scrutinize a...

Peak Oil, Peak Stocks

Posted on August 16, 2010
The Wall Street Journal reports that the correlation between stock prices and oil prices is near 70%, which more than doubles the rate in 2008 (article here). There are a variety of theories posed as to why this might be...

Dodd-Frank and Bounty Hunters...

Posted on August 16, 2010
...or "Dodd-Frank and Whistleblowers," depending on your point of view. As previously noted here and elsewhere, the mammoth financial reform legislation touches, in part, upon the bounties paid by the SEC to individuals providing information leading to charges of fraud...

Is the continued vitality of technical stock analysis an affront to the efficient market hypothesis?

Posted on August 14, 2010
Technical stock analysis (predicting future stock prices on the basis of past price movement) remains alive and well. Just today, a Wall Street Journal headline referenced the "Hindenburg Omen"--a confluence of stock price data points that portend bad news ahead...

What Happened to Summer?

Posted on August 13, 2010
On Monday, the University of North Dakota School of Law welcomes its Class of 2013 to campus (orientation begins Tuesday). Regularly scheduled classes begin the following week, on Tuesday, August 24. I can hardly believe it. It's been a productive...

Cleveland Rocks!

Posted on August 12, 2010
Cleveland has been taking a bit of a beating lately. So, since I'm showing someone around town this week I thought I'd post my top five spots to see when next you visit: 1. The Rock & Roll Hall of...

(Not) Educating Students for Profit?

Posted on August 12, 2010
It is a question heard repeatedly across the country at law schools, graduate schools, and in employer offices: ?How did you, Mr./Ms. College Graduate, get here without the ability to write a coherent paragraph?? One answer, provided by Craig Brandon...

GM to Buy AmeriCredit: Subprime, Bailout, and Other Mildly Relevant Buzzwords

Posted on August 11, 2010
The New York Times (among other sources) reports that General Motors is considering buying AmeriCredit, a subprime financing company that provides auto loans to those unable to find credit from banks, credit unions, and other more traditional sources...

The SEC's Rarely Publicized Bounty Program...

Posted on August 10, 2010
...should grow under Dodd-Frank, which authorizes the Commission to pay for tips leading to "impositions of penalty" in a wider range of cases. For a description of how lucrative the program can be, see http://www.sec.gov/litigation/litreleases/2010/lr21601...

Financial "Hail Marys" Unlikely to Fix It

Posted on August 09, 2010
Over at the Wall Street Journal, an article today (here) discusses a variety of "Hail Mary" programs designed to jump start the economy, including plans from the current administration and advisors from both the Clinton and Reagan administrations. The article...

A Whole New Set of Random Numbers to Enjoy...

Posted on August 09, 2010
One of the most enjoyable parts of regulatory reform is having a whole new set of capricious numeric thresholds thrust upon us. The Dodd-Frank Act of last month is no exception. $50 billion in assets connotes "systemically important" bank holding...

Behavior and Business Law Conference

Posted on August 07, 2010
The University of Tennessee School of Law's James L. Clayton Center for Entrepreneurial Law will be hosting a Behavior and Business Law Conference on October 2, 2010. The multi-disciplinary event features a number of terrific scholars. The full schedule is...

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