Showing results for: “digital markets act”
The Perils of Paternalism
According to Bar None, an op-ed by Jack Turner in today’s NYT, “history shows that, however commendable the reasoning, efforts to control how people drink — or eat, or smoke — tend to backfire.” I’ve made a similar argument in discussing smoking bans. Advocates of such bans (often citing the work of “norms scholars,” such ... The Perils of Paternalism
Risk Allocation Provisions and Auditor Independence
I blogged previously about a W$J article on auditors including so-called liability caps in their client engagement letters (see here). My view was that it really wasn’t newsworthy because “liability limitation provisions are standard in contracts among sophisticated parties, so its not surprising that auditors include them in engagement letters.� Additionally, the provisions cited in ... Risk Allocation Provisions and Auditor Independence
Edwards, Antitrust, and the Return of Von's Grocery?
AAI continues its series of antitrust policy statements from presidential candidates with a submission from John Edwards. Again, I’m very pleased that the AAI was successful in getting this series of submissions together and inducing candidates to share their thoughts on antitrust policy. So what does Edwards have to say? Edwards’ statement has in common ... Edwards, Antitrust, and the Return of Von's Grocery?
"Can you have angst without a soul?" – Delaware Vice Chancellor Leo Strine
As promised, I am reporting back from Tulane’s Corporate Law Institute qua “Who’s Who in the M&A World” gathering. Leo Strine did indeed query today: “can you have angst without a soul?” (He asked in response to the statement that initial bidders fear deal-jumpers when waiting out a go shop period.) Though the WSJ was ... "Can you have angst without a soul?" – Delaware Vice Chancellor Leo Strine
Posner on the Overlapping Generations of Law and Economics
Richard Posner reviews Steven Shavell’s Foundations of Economic Analysis of Law in the most recent issue of Journal of Economic Literature (June 2006). Not to take anything away from Posner’s review of the merits of Shavell’s treatise, and his detailed analysis of Shavell’s treatment of particular areas of law (e.g. intellectual property), but to me ... Posner on the Overlapping Generations of Law and Economics
Want to Boost Domestic Oil Production? Give ANWR to the Greens.
There have been some pretty stupid ideas floating around about how to deal with this purported gasoline crisis we’re experiencing. (See, e.g., here.) Here’s one that might sound crazy at first, but is, I submit, crazy like a fox. I propose that the government split the Arctic National Wildlife Reserve and give the pieces primarily ... Want to Boost Domestic Oil Production? Give ANWR to the Greens.
SEC takes a bite of the Apple
Today, the SEC filed securities fraud charges against two former Apple senior executives for matters pertaining to Apple’s backdating scandal. The SEC settled its claims against former Apple CFO Fred Anderson at the same time it filed suit. Anderson will pay about $3.5 million in disgorgement and penalties. Former Apple General Counsel Nancy Heinen did ... SEC takes a bite of the Apple
Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
Last week the Second Circuit Court of Appeals decided Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc. (available here), which involved fraudulent inducement and breach of warranty claims in connection with a business combination agreement. The case is a straightforward application of familiar principles of blackletter law. I mention it because of certain highly ... Merrill Lynch & Co., Inc. v. Allegheny Energy, Inc.
SEC provides more comfort re: foreign exchange acquisitions.
Following up on this post, the SEC has just released a fact sheet concerning potential cross-border exchange mergers (see here). The fact sheet provides more comfort that the acquisition of a foreign exchange by a U.S. company will not automatically subject the foreign exchange and its listed companies to SEC regulations. Here’s some excerpts: Joint ... SEC provides more comfort re: foreign exchange acquisitions.
We’re not just monkey scribes
Recently posted on SSRN is an interesting article by Steven Schwarcz (Duke) entitled “Explaining the Value of Transactional Lawyering.â€? Here’s the abstract: This article attempts, empirically, to explain the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows ... We’re not just monkey scribes
Philip Morris v. Williams
Yet another *ANOTHER* products liability and disclosure case is in the news! The Supreme Court has granted certiorari in Philip Morris v. Williams. This case was brought against Philip Morris by the widow of a smoker, who maintained that Philip Morris’s fraudulent and negligent conduct regarding disclosure about cigarettes, lung cancer, safety risks, and related ... Philip Morris v. Williams
Media Consolidation and Antitrust
One of the more interesting parts of Senator Herbert Kohl’s recent Antitrust interview, in which he also discussed airline mergers, concerned antitrust’s treatment of media consolidation. Here’s what the Senator had to say: It’s such a very important issue, media consolidation, because it has the potential to reduce if not eliminate the opportunities people have ... Media Consolidation and Antitrust
