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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

Resources - Corporate Law Organizations

Posted on December 31, 2009
ABA Section of Business Law American Corporate Counsel Assn. Corporate Counsel Blog Securities Investor Protection

Resources - Scholarship

Posted on December 31, 2009
Business Law Reviews & Journals SSRN Resources Corporate Law: Search by author/title Search by journal

Posted on December 31, 2009
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About Business Law Prof Blog

Posted on August 30, 2009
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Bernanke Back

Posted on August 25, 2009
Economists' rejoice, Bernanke will be back. My main complaint with Bernanke, among many, is that he preached transparency for the Fed as an academic and now blocks transparency as the Chair -- all in the public's interest of course. In...

Securities Market Structure Redux

Posted on August 24, 2009
Flash trading, dark pools, lawsuits over proprietary trading code, whopping payouts to computer greeks that create trading programs, and other news have led Senator Kaufman to call for a "broad SEC market study." Great, The SEC does not need more...

FDIC and Private Equity

Posted on August 21, 2009
When will this new bunch learn. Ms. Blair, the head of the FDIC, is running out of money to bailout the depositors of failed banks and will attempt to push failed bank purchases by healthy banks. The problem? She needs...

SEC's Woes

Posted on August 20, 2009
The SEC has admitted that it lacks the expertise or the technology to monitor securities trading and that, therefore, it leaves such matters to the SROs, Finra and NYSE Regulation. Yet the SEC is close to proposing rules to "regulate"...

SEC Once Again After Shorts

Posted on August 18, 2009
The new SEC proposal aims at slowing down short selling, again. The proposal would force short sellers to limit sales to prices higher than the current best price offered by buyers (best bid price) of the stock. Since stock is...

Fed Extends TALF to Repair Damage

Posted on August 18, 2009
On Monday the Federal Reserve extended its program to loan cheap money to those purchasing asset backed securities (TALF). Once again, after publicly trashing an entire industry, the securitization industry, the administration has quietly admitted that the industry's health is...

Supreme Court to Weigh in On Executive Pay

Posted on August 17, 2009
The Supreme Court has agreed to take a case on executive pay, Jones v Harris Associates. In case is on manager's fees in the mutual fund industry but the holding will have profound effects on corporate governance in all industries....

Hope for Change: Yes We Can Fire Bernanke

Posted on August 12, 2009
Ben Bernanke, the Chairman of the Fed, is up for reappointment. The economists all want him reappointed. I want him fired. Not because his replacement will be better, she will not, but because he will get what he deserves --...

Cash for Clunkers: Free Morphine for Pain

Posted on August 12, 2009
Total up the costs and the benefits of the cash for clunkers program -- it is nuts. The government is borrowing $3 billion at 3.5% to buy old cars, will the government get a return of over this (4% on...

SEC Enforcement

Posted on August 11, 2009
The Wall Street Journal has an article on C1 on the "urgency" of SEC enforcement. Listing three new settlements, BofA, GE and Greenberg, the author applauds the SEC chairman's efforts. The headline has it backwards. The settlements are too small,...

Judge Rakoff Questions SEC Settlement with BofA

Posted on August 11, 2009
A federal district court judge, charged with approving the SEC settlement with Bank of America on the Merrill Lynch deal has delayed ruling, a very unusual move, after 90 minutes of negative questioning of the presenting lawyers. The questions were...

Landry's Failed Buyout

Posted on August 06, 2009
Vice Chancellor Lamb, in his last written opinion before retiring, refused a motion to dismiss in the Landry's litigation over a busted buyout. The facts are a bit odd. The CEO had proposed a going private transaction in a cash-out...

Speculators and Regulation

Posted on August 05, 2009
The SEC is considering regulating "flash orders" and "dark pools" to discourage "high-frequency" traders and the CFTC is considering position limits on commodity futures. The NYSE, which has been losing trading volume, will benefit if any of the changes are...

Cuban Insider Trading Case

Posted on August 04, 2009
A federal court dismissed the SEC insider trading case against Mark Cuban, demonstrating once again troubles with the outlines of the doctrine. SEC v Cuban (N.D. Tex. July 17, 2009). The CEO of a public company in which Cuban was...

Paulson Abandoned

Posted on July 17, 2009
The Bush Treasury Secretary Henry Paulson, testified in Congress yesterday in defense of his bailout policies. He was ripped by Democratic Congresspersons, which was to be expected, but also abandoned by Republican Congresspersons, which was also expected...

Cit Group Not "Too Big to Fail"

Posted on July 17, 2009
Cit Group, a lender to small and medium businesses, a major factor, asked for and was refused TARP funds this week. It was not "too big to fail"; it was "too little to bailout." The company was only 1,900th in...

Sotomayor Testimony on Business Cases

Posted on July 16, 2009
Judge Sotomayor, discussing business cases, noted that business "needs certanty" in the law. This is correct as noted here as far as it goes. Uncertainty has to be negatively priced in deals on both sides and is a net social...

Private Equity Under Attack, Again

Posted on July 16, 2009
The FDIC has announced that private equity buyers will be penalized if they purchase failed banks in distress sales by the FDIC. Private equity will have to put up more capital and make more guarantees. The FDIC does not want...

When Governments Sell Companies: The Opel Deal

Posted on July 16, 2009
Anyone with any doubt over whether governments will inject political considerations in deals affecting government owned operating companies should take a close look at the Opel sale. GM, with its majority owned the United States government, is attempting to sell...

The BofA Story

Posted on July 16, 2009
The heavy-handed approach of government regulators to the Bank of America, both over the Merrill Lynch acquisition, and over the current operation of the bank is good theatre. Did Paulson or Bernanke threaten to fire the CEO, Lewis, if he...

The Government is Played for a Sucker by Bank of America

Posted on July 14, 2009
The Bank of America and the Treasury had agreed to a "term sheet" that had BofA paying a sizable fee for a "back-stop" guarantee on the value of Merril Lynch toxic assets so that BofA would purchase the failing brokerage...

Data on Private Equity Management Skills

Posted on July 08, 2009
I noted some time ago that private equity firms, once they buy a public company, set up a management structure that is very different from the one advocated by corporate governance "experts." Data is coming in on how private equity...

The CFTC Wants Limits on Oil Price "Speculators"

Posted on July 08, 2009
This is huge news. The Commodities Futures Trading Commission, our main futures market regulator, has given notice that it is considering "position limits" on oil futures to stop the effect of "speculators" in the oil futures markets. This signal that...

GM is Sold for Too Much??

Posted on July 07, 2009
The bankruptcy judge, Judge Robert E. Gerber, approved the sale of GM on Sunday. Under Section 363, GM sold its "healthy" assets to a new company owned 60 percent by the federal government and 17 percent owned by a health...

Liability of Government Director Nominees

Posted on June 24, 2009
Vice Chancellor Lamb of the Delaware Chancery Court noted recently in a pubic speech that government director nominees "should be treated like anyone else (other directors)" when fidicuiary duty standards are in issue. This is the tip of the iceberg,...

The New Finanical Products Consumer Protection Act

Posted on June 22, 2009
A piece of legislation sponsored by the new administration that makes sense, in theory, is the new finanical product consumer protection act. Long championed by Professor Warren, a federal act is necessary to stop consumer fraud by national financial institutions...

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