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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

When 1st Amendment and Privacy Rights Collide

Posted on March 01, 2010
A New York Times article from late last week described the criminal conviction (in absentia) by an Italian court of three current/former Google executives. The charges stemmed from Google Video's 2006 online display of students in Turin bullying an autistic...

Dent on Shareholder Rights

Posted on March 01, 2010
George W. Dent Jr. has posted The Essential Unity of Shareholders and the Myth of Investor Short-Termism on SSRN with the following abstract: The separation of ownership and control publicized by Berle and Means in 1932 persists today. Domination of....

Johnson on Securities Regulation

Posted on March 01, 2010
Jennifer J. Johnson has posted Private Placements: A Regulatory Black Hole on SSRN with the following abstract: Many investors, including vulnerable senior citizens, are victimized each year in dubious securities offerings yet governmental regulators can do little to intervene...

Harris on Private Equity

Posted on March 01, 2010
Lee Harris has posted A Critical Theory of Private Equity on SSRN with the following abstract: In the private equity world, partnership agreements have received praise from many corners for reducing the agency costs arising between the interests of fund...

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Nees on Oversight Liability

Posted on March 01, 2010
Anne Tucker Nees has posted Who's the Boss: Unmasking Oversight Liability within the Corporate Power Puzzle on SSRN with the following abstract: This article explores the competing interests between director authority and accountability within the doctrinal developments underpinning the arguments...

Who Knew There Were Net Winners in the Madoff Scheme?

Posted on March 01, 2010
The Wall Street Journal reports that U.S. Bankruptcy Judge Burton Lifland (New York City) today ruled that ?net winners? (those who withdrew more funds than their initial investments and later deposits) in Bernard Madoff's ponzi scheme were not entitled to...

Socrates knew that he did not know, but Todd Henderson knows that Roger Cohen is a moron.

Posted on February 27, 2010
Over at Truth on the Market, Prof. Todd Henderson of Chicago takes on Roger Cohen of the New York Times. In what Larry Ribstein describes as a "great post", Henderson uses the following terms and phrases to describe Cohen and...

Sticking with the Veil-Piercing Theme

Posted on February 26, 2010
Yesterday the United States Court of Appeals for the Eighth Circuit, in an ERISA action, issued an opinion that mirrors my response to at least a few exam questions on veil-piecing each year: finish your analysis. The court made clear...

Nelson on the Financial Crisis

Posted on February 26, 2010
Grant Nelson has posted Confronting the Mortgage Meltdown: A Brief for the Federalization of State Mortgage Foreclosure Law on SSRN with the following abstract: This Article argues for federal preemption of state procedures governing the foreclosure of mortgages and security...

Mitchell on Law and Economics

Posted on February 26, 2010
Lawrence E. Mitchell has posted Toward a New Law and Economics: The Case of the Stock Market on SSRN with the following abstract: Do the public equity markets play the macroeconomic role we believe them to play? What is the...

Online Poker as "Tax Fairness"

Posted on February 25, 2010
Personally, I don't care what you call it ... just legalize it. (We are reportedly talking about an extra $40-50 billion in tax revenue over the next 10 years.) SJP

Are Republicans more likely than Democrats to support "fat bank profits, generous bonuses and stingy lending policies" during an economic recovery?

Posted on February 25, 2010
Apparently, some Wall Street lobbyists think so. SJP

A Veil Piercing Epidemic in the High Plains?

Posted on February 24, 2010
From 1999 until 2007, the North Dakota Supreme Court did not hear single case seeking to ?pierce the veil? of a limited liability entity. This is especially significant because there is not an intermediate court of appeals in the state;...

Symposium Announcement - The Fall of the Economy: How New York Can Rise to the Challenge

Posted on February 24, 2010
On March 5, 2010, The Journal of Civil Rights and Economic Development at St. John's University School of Law will host a symposium entitled: The Fall of the Economy: How New York Can Rise to the Challenge. The web page...

Reform sliding backwards?

Posted on February 23, 2010
A recent Bloomberg.com item noted that lobbyists were targeting the proposal to align rules for 'brokers' and 'investment advisers' through the creation of one, fiduciary standard of care. In addition to emphasizing the danger of stalled regulatory reform, the Bloomberg...

Long live the painful mosaic...

Posted on February 23, 2010
Securities Regulation is undoubtedly a difficult patchwork of federal and state, civil and criminal, private and public authorities and actions. So it was conceived in 1933/34, and so it remains today. As we were all reminded by the written decision....

Let's hope for sunlight on the Olympics...

Posted on February 22, 2010
...and on the processes of its governing body. For while attention may presently be directed on its decisions addressing competitor safety, does anybody really understand how the International Olympic Committee determines the roster of "Olympic sports" ? It was July...

Would Open Trading Trump Rational Apathy?

Posted on February 22, 2010
In a recent New York Times online opinion piece, William D. Cohen discusses the significant stock sales that many high-level Goldman Sachs executives made in their own company during the worst part of the 2008 stock market fall. Cohen states...

Is it true that "most of the American people don?t begrudge people success or wealth??

Posted on February 20, 2010
This quote from President Obama has popped up in a number of places recently, including DealBook. I have to admit that if this is true, it's news to me. First of all, that would mean we've vanquished Envy. Second, even...

The Murky Rules of the Game After PUHCA

Posted on February 19, 2010
The Energy Policy Act of 2005 repealed the Public Utility Holding Company Act (PUHCA), in part to help spur infrastructure investment through mergers and acquisitions in the electricity sector. Yet four years later, the mergers and acquisitions picking up steam...

Sokol on Corporate Governance

Posted on February 19, 2010
D. Daniel Sokol has posted Competition Policy and Comparative Corporate Governance of State-Owned Enterprises on SSRN with the following abstract: The legal origins literature overlooks a key area of corporate governance - the governance of state-owned enterprises (?SOEs?)...

Khong on Law and Economics

Posted on February 19, 2010
Dennis W. K. Khong has posted The Future of Law and Economics in the British Legal Academia on SSRN with the following abstract: In this paper, I attribute the tepid reception of law and economics scholarship in British academia to...

Fortney on Fiduciary Duties

Posted on February 19, 2010
Susan Saab Fortney has posted Leaks, Lies, and the Moonlight: Fiduciary Duties of Associates to Their Law Firms on SSRN with the following abstract: This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to...

"Capture" Still Matters

Posted on February 18, 2010
In the wake of the financial crisis, with its emphasis on "USA, Inc.," some may be tempted to think that issues of regulatory capture are so 2005. But not according to Simon Johnson, who writes that "What we have now...

You either have to be really wrong or really right (Get it?) to unite people against you like this.

Posted on February 18, 2010
Follow this link to find out why some say that "Everyone Hates The Citizens United Ruling." Money quote: "The negativity cuts equally across party lines ...." SJP

Citizens United: States

Posted on February 17, 2010
Thanks to the Business Law Prof Blog for a chance to share some thoughts. As noted earlier, I teach at the University of North Dakota School of Law where I teach the Business Associations courses, Energy Law and Labor &...

Friday's a big day...

Posted on February 17, 2010
...if you're gauging court scrutiny of SEC settlements. Judge Rakoff of the S.D.N.Y. is set to issue his decision on the SEC's second attempt at settling allegations against Bank of America stemming from its 2008 merger with Merrill Lynch. Last...

Welcome Guest Blogger Joshua P. Fershee

Posted on February 16, 2010
We are very pleased to welcome Joshua Fershee to the blog. Josh teaches Business Associations, Energy Law and Policy, Labor & Employment Law, and Property at the University of North Dakota School of Law. I'll leave it to him to...

No more 10's from the American judges...

Posted on February 16, 2010
In the current Winter Olympics, viewers of the figure skating competition will see participants from each country perform their routines and receive numeric grades from ISU (International Skating Union) judges. The ISU, the ruling body in figure skating, is made...

The SEC Money Market Fund Reforms

Posted on February 15, 2010
Remember those terrifying days of the Fall 2008, when even savings tucked away in money market funds seemed suddenly imperiled? I recall with horror sitting in my faculty office and listening to the President announce that such funds would be...

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