Showing results for: “digital markets act”
Incentive pay for bank regulators
Now that regulating banker pay has been studied exhaustively, here’s something else worth studying: bank regulator pay. Fred Tung and Todd Henderson are on the case, in Pay for Regulator Performance. Here’s the abstract: Few doubt that executive compensation arrangements encouraged the excessive risk taking by banks that led to the recent Financial Crisis. Accordingly, ... Incentive pay for bank regulators
NY Times (and maybe Professor Hovenkamp?!) Confused About the Merger Guidelines
The NY Times starts its op-ed against the AT&T / T-Mobile transaction with a false proposition about antitrust analysis of mergers: “The analysis begins with a mathematical formula for calculating the deal’s effect on competition.” Any antitrust lawyer or economist will recognize the error. A major change from the 1997 Horizontal Merger Guidelines to the ... NY Times (and maybe Professor Hovenkamp?!) Confused About the Merger Guidelines
Martha Stewart to Fight Civil Insider Trading Charges
As Lisa Fairfax notes over at the Glom (see here), Martha Stewart has decided to fight the civil insider trading charges filed against her by the SEC in June 2003 (more here). The complaint had been stayed pending resolution of the related criminal proceedings. With those proceedings resolved, the SEC lifted the stay last month. ... Martha Stewart to Fight Civil Insider Trading Charges
The costs of options expensing rules
Larry points us to a new corporate finance blog, Richard Booth’s The Quant. It looks like a great blog. The most recent post is on executive compensation–particularly on the serious problems of expensing options (and the FASB rule requiring it). Here’s a lengthy and informative excerpt (with a couple words from me following): In the ... The costs of options expensing rules
Packers, LLC?
Just in time for the Super Bowl the New Yorker writes about the non-profit Packers — the only NFL team organized in this form. The argument for the NFL rule barring anymore non-profits is that it takes a lot of money to run an NFL franchise. But the article says Green Bay stands as a ... Packers, LLC?
“We therefore commit, effective immediately, to give every author at least seven days to decide whether to accept any offer for publication”
There is lots of talk about the various implications of the agreement between the various law reviews to cease and desist with the practice of exploding offers. One interesting aspect of the commitment is that it is fairly transparent that the law reviews viewed exploding offers as a method of competing with one another, and ... “We therefore commit, effective immediately, to give every author at least seven days to decide whether to accept any offer for publication”
The ABA, the AALS, and the Rule of Law
In an op-ed published in Saturday’s W$J (slightly updated version available here for free), Prof. David Bernstein drew attention to the American Bar Association’s proposed revision to its law school accreditation standards concerning student and faculty racial diversity. Bernstein criticized the ABA proposal for, in essence, calling on law schools to ignore constitutional and statutory ... The ABA, the AALS, and the Rule of Law
The First Amendment and corporate governance
Robert Jackson recently discussed an SEC staff ruling that the ordinary business exception for shareholder proposals under Rule 14a-8 did not justify excluding a proposal recommending that the board disclose and let shareholders vote on its policies related to corporate political spending. Jackson opines that “the decision will help bring corporate political speech decisions into line ... The First Amendment and corporate governance
Diversity for Corporate Boards
In its latest rulemaking, the Securities and Exchange Commission has included a provision amending its rules to require the Nominating Committee of a company Board of Directors to disclose whether and how diversity is used as a factor in nominating director candidates to the Board of Directors. The new rule also includes a provision seeking comment ... Diversity for Corporate Boards
The continuing mystery of the Gupta case
Friday I wondered whether the SEC’s hurried decision to administratively charge former Goldman director Gupta with insider trading suggested it was “in league with Justice to patch a gaping hole in its case against R by tainting a key witness.” Then I updated with John Carney’s story that Justice actually opposed the SEC over these ... The continuing mystery of the Gupta case
Time to Apply Office of Management and Budget Regulatory Review to Independent Agencies
Last June, in Michigan v. EPA, the Supreme Court commendably recognized cost-benefit analysis as critical to any reasoned evaluation of regulatory proposals by federal agencies. (For more on the merits and limitations of this holding, see my June 29 blog.) The White House (Office of Management and Budget) office that evaluates proposed federal regulations, the ... Time to Apply Office of Management and Budget Regulatory Review to Independent Agencies
Jacoby & Meyers’ lawsuit challenges the legal establishment
The WSJ writes that Jacoby & Meyers Law Offices LLP, a pioneer of television legal advertising, filed lawsuits Wednesday challenging state laws in New York, New Jersey and Connecticut that prohibit nonattorneys from owning stakes in law firms. The firm, which has more than 60 lawyers and specializes in personal-injury cases, claims that the restrictions ... Jacoby & Meyers’ lawsuit challenges the legal establishment