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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

Things that can make a lefty like me lean right.

Posted on August 06, 2010
Wasteful government spending. Taliban mutilations. SJP

More on Markets and the Impact of Energy Subsidies

Posted on August 06, 2010
A little while back I discussed energy incentives (see here) and noted that people often forget that the incentives for traditional, non-renewable fuel energy ?far outweigh renewable industry incentives.? A thoughtful comment to that post noted that, ?Your point that...

Citizens United in Action

Posted on August 05, 2010
Target makes newly-available political contribution. There is an outcry. Target apologizes. SJP

Exploring Corporate Personhood Through Citi-SEC Settlement

Posted on August 04, 2010
Over at the New York Times Dealbook, Andrew Ross Sorkin questions whether the SEC's $75 million fine as part of a settlement with Citigroup (for failing to tell shareholders about some $40 billion of subprime mortgage exposure) is punishment to...

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Kudos to the SEC...

Posted on August 04, 2010
Given the size and breadth of our behemoth stock market, perhaps the best any regulatory agency can do is to ensure adequate disclosure of the deal and/or circumstances. As FDR said upon presenting the first securities law to Congress in...

All Eyes on Basel...

Posted on August 02, 2010
The Financial Reform recently signed by the President eschewed net capital limits in favor of product limits and enhanced federal power to wind down/intervene with behemoth failures. Such approach leaves the possibility of enhanced capital restrictions to the representatives of...

Hedge Fund Win In UK Should Make for Good Appeal

Posted on August 02, 2010
A U.K. court just ruled in favor of some hedge funds who lost their money in the Lehman Bros. investment bank failure, the Wall Street Journal reports. Good news for those funds whose money was not properly "ring-fenced"; not great...

Some Interesting Links

Posted on July 31, 2010
I'm on vacation. So, the best I think I can do right now is pass on some links to posts I've come across this past week that struck me as interesting and that you, dear reader (Hi, Mom!), might have...

Amazing Statutes of Yore

Posted on July 30, 2010
The Detroit Free Press the other day reported on a number of old laws still on the books in the state of Michigan (article here). One city in the state still has a law banning homosexuals from bars. The city...

BP's "Research"

Posted on July 30, 2010
Interesting story here about BP's efforts to ["contain"? "capture"? "cap"?] academic research on the oil spill. SJP

Citizens United Teaching Proposal

Posted on July 30, 2010
Atiba Ellis and Jena Martin-Amerson of the West Virginia University College of Law are seeking collaborators for an interdisciplinary, cross-institutional teaching project focusing on Citizens United. Here is an excerpt from their proposal for a panel presentation for the upcoming...

The SEC expands the comment process...

Posted on July 28, 2010
...perhaps first and foremost to ease the burden of the massive rulemaking that the financial reform foisted upon it. See today's NY Times ("SEC Expands Process For Public Comments On New Financial Rules" by Edward Wyatt) for details. Personally, I...

Another Oil Spill, Another Slow Response

Posted on July 28, 2010
I'm traveling in Michigan to see family, and I was welcomed to my beautiful birth state by another oil spill (see here). This one, too, seems to is facing criticism of inadequate resources. More to follow, I'm sure. --Joshua Fershee

Military Contractor's Trial: Stock and Awe

Posted on July 27, 2010
The New York Times today provides an outstanding (and appalling) example (allegedly) of misappropriation of funds, as well as outright fraud and theft. The trial of a former executive for a company that makes body army for the U.S military...

The SEC reaches for life settlements

Posted on July 26, 2010
In 1996, the DC Circuit halted the SEC's attempts at reaching "viatical settlements" (i.e., fractionalized, third party interests in life insurance proceeds) through the Life Partners decision. While some Circuits saw stalwart SEC staffers occasionally attempt to bring such agreements...

Financial Crisis Timeline Link

Posted on July 24, 2010
Over at the Akron Law Cafe, law librarian Lynn Lenart has posted a link to a useful financial crisis timeline. SJP

Conflating Markets and Source Preferences in the Energy Sector

Posted on July 23, 2010
Forbes blog about Business in the Beltway today discusses energy policy, and quotes an energy policy analyst at the Competitive Enterprise Institute, who says the government should get out of energy policy. Although I don't agree fully that such a...

Do We Need More Bondholder Empowerment?

Posted on July 22, 2010
Prof. Bainbridge offers a nice summary of some of the blogosphere's responses to Dodd-Frank's shareholder empowerment provisions. The running critical theme is the disconnect between trying to solve a problem of excessive risk-taking in pursuit of short-term shareholder interests by...

Prof. Klepper on "The CEO's Boss"

Posted on July 22, 2010
I am posting the following on behalf of Prof. William Klepper. SJP Time for a Social Contract and Tough Love in the Boardroom It is time to go beyond the employment agreement between a CEO and the Board in Corporate...

A new, untested bureaucracy? Oh Lord, I hope so...

Posted on July 21, 2010
The Financial Reform passed despite embarrassingly partisan opposition. Senator Shelby decried the length of the law (!), the likelihood that American markets would become less competitive, and the creation of "unaccountable" bureacracies." One would think that a two-year head start...

A View from the North on the Housing Market

Posted on July 21, 2010
I'm in Banff for the Rocky Mountain Mineral Law Foundation's Annual Institute (a great program if you're interested in natural resources law and business), and in addition to enjoying stunning views, I have been looking to the local paper and...

The SEC and monies for lawyering up...

Posted on July 20, 2010
The year was 1991. Or 1990. Anyway, PLI was offering dueling glimpses of the prosecutorial frenzy over insider trading. The conference's keynote panel featured lawyers for a broker-dealer who argued that a legitimate enterprise had been squeezed into submission by...

Studying Dodd-Frank's Haircut

Posted on July 19, 2010
According to an analysis of the Dodd-Frank financial regulation bill (PDF here), the law firm Davis Polk estimates that there will be sixty-seven studies or one-time reports under the legislation. The report also finds that there are twenty-two recurring reports,...

Financial Reform and Other Stuff

Posted on July 17, 2010
Steven Davidoff has read all 2,300 pages of the financial reform bill. I have not. So, go here to see what he thinks. Over at Concurring Opinions, Frank Pasquale has nicely pulled together some other interesting reactions here. And, the...

Goldman Sorry SEC Was Upset

Posted on July 16, 2010
Goldman and the SEC have reached a $550 million settlement (download PDF here) related to the ABACUS 2007-AC1 CDO, a package of mortgage securities. According to the Goldman site: The firm entered into the settlement without admitting or denying the....

The Loss of Retail Investor Confidence

Posted on July 15, 2010
An article in Monday's Wall Street Journal points out that retail investor confidence in the market has reached a meaningful low. Here's an example of the sentiment: "In the military, you learn that you want people you can respect, trust?who...

The "Problem-Solution" Dance of Corporate Law

Posted on July 15, 2010
Holman Jenkins wrote an interesting piece in the Wall Street Journal yesterday about the inherent tension between the corporate shareholder wealth maximization norm and the systemic risks posed by too-big-to-fail banks. Here's how I might add this problem to my...

Does Federal Court Ruling on Privilege Create a Problem for BP?

Posted on July 14, 2010
As a number of sources reported, on June 29, Magistrate Judge Cott ruled that Gucci America could not assert the attorney-client privilege with regard to communications with Gucci's inside counsel Jonathan Moss in a trademark infringement case against apparel company...

Faculty Openings at University of Cincinnati College of Law

Posted on July 14, 2010
In faculty hiring news, the University of Cincinnati College of Law is looking for candidates to join their ranks, which already includes a lot of talented academics. The school recently contacted me and asked me to post the following: The...

Missing Portugal

Posted on July 13, 2010
I remember a variety show sketch from the 1970s featuring famed actor Jimmy Stewart. Stewart was finishing his first shift on the night desk of a police department. The phone rang, and the iconic celebrity was informed that "Cincinnati is...

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