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The collection of all scholarly commentary on law, economics, and more

Showing results for:  “digital markets act”

The unexpected expected consequences of financial reform

The LA Times expresses surprise that Goldman Sachs will come out quite well from financial reform. Who did they think was calling the shots in Congress? Consumers? Investors? How badly were accountants, the culprits in the last financial meltdown, hurt by Sarbanes-Oxley? Most notably, the LA Times is shocked Goldman is not actually going to ... The unexpected expected consequences of financial reform

Deception and “Tells” in Business in Poker

The Economist points to a very interesting study by Stanford’s David Larcker and Anastasia Zakolyukina on the use of deception in the business environment (HT: Brian McCann).  The article’s title, “How to Tell When Your Boss is Lying,” gets at the thrust of the piece.  Larcker and Zakolyukina look at conference call transcripts from 2003 ... Deception and “Tells” in Business in Poker

Criminalizing fiduciary breach

I have posted my Senate testimony from last spring (“Fiduciary Duties of Investment Bankers: Senate Testimony – May 4, 2010”). There I comment on Arlen Specter’s subcommittee’s attempt to use the furor aroused by the SEC’s strike suit against Goldman to make some terrible new law. The subcommittee wanted to go beyond merely imposing new ... Criminalizing fiduciary breach

Thoughts on the non-mosque mosque

I’ve resisted posting about this, since everything that could be said has been said. But I can’t abide the views expressed everywhere, even among my friends and colleagues, that I’m a bigot or ignorant or anti-Muslim or xenophobic for thinking the proposed Park51 project (nee Cordoba House) should be voluntarily moved by its backers.

Joe Grundfest wins Pileggi Award

Congratulations to Professor Joe Grundfest of Stanford Law School for being selected to present this year’s 26th Annual F.G. Pileggi Distinguished Lecture in Law.  It is a great event and I highly recommend attending.  If by chance you can’t make it, be sure to read the resulting article in the Delaware Journal of Corporate Law, ... Joe Grundfest wins Pileggi Award

International Competition Network (ICN) 2015 Annual Conference: A Higher Profile for Competition Advocacy

The ICN’s 14 Annual Conference, held in Sydney, Australia, from April 28th through May 1st, as usual, provided a forum for highlighting the work of ICN working groups on cartels, mergers, unilateral conduct, agency effectiveness, and advocacy.  The Conference approved multiple working group products, including a guidance document on investigative process that reflects key investigative ... International Competition Network (ICN) 2015 Annual Conference: A Higher Profile for Competition Advocacy

Another judge blasts the SEC

When the SEC announced its settlement with Citigroup a couple of weeks ago, I said: The SEC has reached another peculiar settlement, this time $75 million from Citigroup, plus fines against executives. As with the Goldman settlement, Citigroup didn’t admit fraud, or even, as in that case, a mistake. Citigroup was accused of misleading investors ... Another judge blasts the SEC

Food for thought, but don’t believe the label

“People who read food labels such as the Nutrition Facts Panel, ingredient lists or serving size are more likely to have healthier diets than those who do not read labels, according to a new study appearing in the August issue of the Journal of the American Dietetic Association.”  So reads the opening line of a ... Food for thought, but don’t believe the label

A corporation is not a partnership

Peter Mahler discusses a recent NY close corporation case, Pappas v. Fotinas which he describes as “a thoughtful, well-reasoned decision that sets forth the competing factual narratives and operative legal principles.” I defer to Mr. Mahler’s overall assessment of the opinion, and refer the reader to his detailed discussion of the case. But in one respect ... A corporation is not a partnership

Union-boss compensation

There are hundreds and hundreds of academic articles in law, finance, economics, business, and other social sciences discussing the issue of executive compensation broadly and down to the smallest detail. There are none — actually, one working paper in draft form on one issue — that I can find on the issue of how much ... Union-boss compensation

Proxy Access At Long Last, & Introducing PA Defense # 5: Whitemail

Reports indicate that the SEC is going to vote on proxy access August 25.  The vote will be 3-2 in favor of proxy access.  The SEC first considered a proxy access rule in 2003 but never voted on it.  Prof. Harvey Goldschmid, now at Columbia Law and then a Commissioner at the SEC, was the central ... Proxy Access At Long Last, & Introducing PA Defense # 5: Whitemail

Paul Krugman spouting nonsense

In this morning’s New York Times, Professor Paul Krugman laments the state of America, and, as a remedy, proposes . . . surprise! . . .  more government spending. He writes: “When we save a schoolteacher’s job, that unambiguously aids employment; when we give millionaires more money instead, there’s a good chance that most of ... Paul Krugman spouting nonsense