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Showing results for:  “digital markets act”

Proxy advisors as regulatory spawn

John Carney comments on the rise of proxy advisory firms.  He attributes this partly to increasing complexity caused by the securities industry.  He notes the irony that “[r]eforms to securities regulations that were ostensibly intended to empower shareholders or further ‘shareholder democracy’ have instead resulted in increasing domination of proxy questions by a small clique ... Proxy advisors as regulatory spawn

Death of Big Government

I’ve been talking (maybe to death) about how high costs, competition, outsourcing, etc., have contributed to the Death of Big Law.  Now Bloomberg reports (HT Law blog) that Mark Cuban’s lawyer told U.S. District Judge Reggie Walton in Washington that he was seeking a creative solution to moving the case along, noting the federal government ... Death of Big Government

Antitrust Souvenirs?

From the Antitrust Hotch Potch, a quote from a Microsoft antitrust lawyer referencing the fact that the stripped version of Windows (without the Media Player monopolistically integrated and forced upon consumers to their detriment … ) is being ordered by stores slightly less frequently than the “full” version of Windows, i.e. 1,787 copies versus 35 ... Antitrust Souvenirs?

Abolishing corporate personhood: still stupid

Doug Mataconis criticizes efforts in Congress to overrule Citizens United by abolishing corporate personhood (HT Bainbridge). I’ve already addressed this issue, noting among other things that “the loss of personhood would not have the slightest effect under Citizens United” because that case reasoned that the speaker’s identity is irrelevant.  In any event, I pointed out ... Abolishing corporate personhood: still stupid

Preempting state securities laws

States can be a wonderful laboratory and platform for jurisdictional competition.  But sometimes the laboratory seems to belong to Dr. Frankenstein and then federal law must step in to bring order. Biff Campbell thinks Reg D has failed its intended purpose and the reason is state law.  Here’s part of the abstract: Regulation D * ... Preempting state securities laws

Agents Prosecuting Agents, at Overcriminalization 2.0.

Tomorrow in D.C. I’m joining a distinguished group for a program called “Overcriminalization 2.0” (agenda) presented by GMU’s Journal of Law, Economics & Policy and Law & Economics Center, the National Association of Criminal Defense Lawyers, and the Foundation for Criminal Justice.  According to the program, “[t]his symposium will capture the broad consensus on the ... Agents Prosecuting Agents, at Overcriminalization 2.0.

Proposed Amendments to Delaware Code to Facilitate Majority Voting for the Election of Directors

From the ISS Corporate Governance Blog: In another development in the debate over board elections, the executive council of the Corporate Law Section of the Delaware State Bar Association has issued a recommendation on the issue. On April 20, the lawyers’ group endorsed draft legislation to amend the Delaware General Corporation Law to enable shareholders ... Proposed Amendments to Delaware Code to Facilitate Majority Voting for the Election of Directors

Commisioner Atkins on Mutual Fund Governance Rules and SOX 404

Now available on the SEC’s website is a transcript of a April 27, 2006 speech by SEC Commissioner Paul Atkins given to the Investment Adviser Association. There’s nothing particularly surprising in the speech given Atkins’ well-publicized opposition to many of former Chairman Donaldson’s initiatives, but it is still a good read. In particular, he focuses ... Commisioner Atkins on Mutual Fund Governance Rules and SOX 404

Patent Thickets: Lessons from the Sewing Machine War

My colleague Adam Mossoff’s wonderful paper, A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket, was featured in a WSJ article focused on drawing implications for the smartphone market by studying our experience with the sewing machine patent pool.  Professor Mossoff is optimistic about the opportunities for players in the ... Patent Thickets: Lessons from the Sewing Machine War

AT&T/T-Mobile RIP

Yesterday, AT&T announced it was halting its plan to acquire T-Mobile. Presumably AT&T did not think it could prevail in defending the merger in two places simultaneously—one before a federal district court judge (to defend against the DOJ’s case) and another before an administrative law judge (to defend against the FCC’s case). Staff at both ... AT&T/T-Mobile RIP

Justin Wolfers on Recessions and the Economics of Marriage

As per usual, Justin Wolfers is there to clean up misconceptions about the data and explain what is really going on.  As it turns out, claims that recessions have killed marriage have been grossly exaggerated.  Here’s a picture Justin shows to demonstrate the point (the gray bars are recessions). Also interesting on the economics of ... Justin Wolfers on Recessions and the Economics of Marriage

“If no one else sues them, I will”

So says Nassim Nicholas Talem of Black Swan fame, referring to the Nobel committee for “legitimizing” economists, inducing reliance on their ideas, and thereby causing the financial crisis. According to the article, Taleb identified Harry Markowitz, Merton Miller and William Sharpe for their work on portfolio theory.   Talem goes on to announce that he wants ... “If no one else sues them, I will”