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Showing results for:  “digital markets act”

Option Backdating and Disney

As I’m sure you’ve heard by now, the Delaware Supreme Court finally issued its opinion in Disney. See this post at the glom for commentary by Gordon Smith and a collection of links to discussion on other blogs. As for option backdating, I think directors on compensation committees of companies embroiled in the backdating scandal ... Option Backdating and Disney

Home Depot Directors – It’s not you, it’s *me.*

Bill Sjostrom broke the news of the disgraceful absence of directors at the recent Home Depot shareholders’ meeting here. I found the story so scandalous, however, that I did a bit more digging, just to see what sort of rationale for missing the meeting was proffered by the truant HD directors. All I found was ... Home Depot Directors – It’s not you, it’s *me.*

The SEC slams venture capital

Dodd-Frank imposed registration requirements on advisors of hedge funds.  The act exempted venture capital funds but left it to the SEC to define these funds.  The SEC has now proposed a definition as part of new rules implementing Dodd-Frank’s hedge fund provisions.  According to the SEC’s press release,  a venture capital fund is a private ... The SEC slams venture capital

TOTM Welcomes Eric Helland

TOTM is very pleased to announce the addition of yet another permanent blogger to our roster.  Eric Helland is an economist at Claremont-McKenna College and publishes extensively in law and economics.  Among other accomplishments, Eric has served as a Senior Staff Economist on the President’s Council of Economic Advisers.  Eric’s publication record is extensive, and ... TOTM Welcomes Eric Helland

The future of the Company and the Uncorporation

The Economist has some important recognition of the uncorporation, written by its Schumpeter columnist, who is Adrian Wooldridge. Wooldridge co-wrote with John Micklethwait an important little book called The Company. The article begins, in the spirit of Wooldridge’s book, by noting that “for most of the past 150 years public companies have swept all before ... The future of the Company and the Uncorporation

Antitrust Formalism Is Dead! Long Live Antitrust Formalism!: Some Implications of American Needle v. NFL

My take on American Needle, forthcoming in the Cato Supreme Court Review and co-authored with Judd Stone.  I’ll be discussing the paper at the Cato Institute Constitution Day on September 16th, and as luck would have it, on a panel with co-blogger Larry Ribstein (who will be offering his take on Jones v. Harris) is ... Antitrust Formalism Is Dead! Long Live Antitrust Formalism!: Some Implications of American Needle v. NFL

Lay *and* Skilling Found Guilty

See here! Skilling was found guilty of 19 counts (incl. conspiracy, fraud, false statements and insider trading). Lay was found guilty on 6 counts (fraud and conspiracy). I imagine both men will make model prisoners, although Lay might be the better prisoner, since he is very good at closing his eyes to bad things and ... Lay *and* Skilling Found Guilty

Backdated options and incentives.

A letter to the editor in today’s W$J (see here) asserts the following regarding option backdating: [B]y backdating options at the lowest price of the past period, say, three months, a company is not providing any more incentives to CEOs to work harder on behalf of shareholders. If anything, since the options are already in ... Backdated options and incentives.

The Supreme Court and mutual funds @ Cato

I’ll be helping Cato celebrate Constitution Day and the soon-to-be-published edition of their latest Supreme Court Review with my contribution on last term’s Jones v. Harris: Federal Misgovernance of Mutual Funds. See Walter Olson’s summary of the panel on the business cases. Here’s the abstract of my paper: In Jones v. Harris Associates, the Supreme ... The Supreme Court and mutual funds @ Cato

Me Too @ Cato’s Constitution Day

Like Larry, I’ll be at Cato on Constitution Day.  TOTM will be well represented.  While Larry covers Jones v. Harris and mutual funds, I’ll have my sights on the Roberts Court’s recent decision in American Needle v. NFL.   See you there! The abstract of my paper (co-authored with Judd Stone), Antitrust Formalism is Dead!  Long ... Me Too @ Cato’s Constitution Day

Love, marriage and firms

I’ve been working on the relationship between family law and business associations. My current paper, discussed here, shows why business association standard forms may be inappropriate for domestic relationships. Another question regarding the relationship between families and firms concerns the extent to which the family is a substitute for the firm as a business organization ... Love, marriage and firms

CPI Symposium featuring Ginsburg and Wright on Antitrust Sanctions

Competition Policy International’s newest issue has been released.  The issue is focused on cartel sanctions and features a colloquium on a piece co-authored by Judge Douglas Ginsburg and me on Antitrust Sanctions, with comments from a fantastic lineup of antitrust economists and lawyers: Joseph Harrington (Johns Hopkins), Pieter Kalbfleisch (Netherlands Competition Authority), Mariana Tavares de ... CPI Symposium featuring Ginsburg and Wright on Antitrust Sanctions