Showing results for: “digital markets act”
An academic’s day in court
About a month ago I discussed a case in which I had written an amicus brief: Last year I wrote here about Roni LLC v Arfa, which I cited as an example of the ”troubling lawlessness of NY LLC law.” In brief, the court sustained a non-disclosure claim based on “plaintiffs’ allegations that the promoter ... An academic’s day in court
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
The NCAA (and St. Joseph’s) Strikes Again: The Case of Todd O’Brien
The NCAA recently denied Todd O’Brien’s appeal to make use of the Grad Student Transfer Exception — which would allow O’Brien, who graduated St. Joseph’s with a degree in economics, to continue playing basketball while pursuing a graduate degree in Public Administration at University of Alabama-Birmingham. St. Joe’s, apparently at the behest of a college ... The NCAA (and St. Joseph’s) Strikes Again: The Case of Todd O’Brien
The Internet Hysteria Index
Courtesy of Scott Wallsten and Amy Smorodin at Technology Policy Institute (HT: Tom Hazlett): The Internet is without doubt the most powerful inspiration for hyperbole in the history of mankind. Some extol the Internet’s greatness, like Howard Dean, who called the Internet “the most important tool for re-democratizing the world since Gutenberg invented the printing ... The Internet Hysteria Index
The ineffectiveness of internal controls reporting
We have heard much about the costs of internal controls reporting under SOX 404. Proponents argue that the fraud reduction is worth the costs. One might question this in light of anecdotes like all the missing cash at MF Global (and many other post-SOX securities fraud suits where auditors and executives had signed off on ... The ineffectiveness of internal controls reporting
The global threat to U.S. law
A lot of ink has been spilled about the technology threat to traditional law practice. But U.S. law firms need also to worry about lawyers elsewhere in the world. The WSJ reports that Beijing-based King & Wood is planning to join with Australian firm Mallesons Stephen Jaques to form Hong Kong-based verein King & Wood ... The global threat to U.S. law
Fish on law teaching
Stanley Fish opines on the NYT’s recent criticisms of legal education (HT Leiter): The expert practitioner is expert in part because when he listens to a client or walks into a courtroom the field of action is already configured for him by an internalized understanding of what could possibly be at stake in proceedings like ... Fish on law teaching
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
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
AAI’s Antitrust Jury Instruction Project: A good idea in theory, but…
The American Antitrust Institute has announced plans to draft a comprehensive set of jury instructions for antitrust trials. According to AAI president Bert Foer: In Sherman Act Section 1 and Section 2 civil cases, judges tend to gravitate towards the ABA Model Instructions as the gold standard for impartial instructions. … The AAI believes the ABA model ... AAI’s Antitrust Jury Instruction Project: A good idea in theory, but…
The EU and jurisdictional competition for hedge fund regulation
The NYT reports: When he rejected a new European accord on Friday that would bind the continent ever closer, Prime Minister David Cameron seemingly sacrificed Britain’s place in Europe to preserve the pre-eminence of the City, London’s financial district. The question now is whether his stance will someday seem justified, even prescient. Mr. Cameron refused ... The EU and jurisdictional competition for hedge fund regulation
Delawyering the Corporation
My paper from Wisconsin’s in-house counsel symposium (symposium discussed here, paper previewed here) is now available on SSRN. The paper is Delawyering the Corporation. Here’s the abstract: This article shows how in-house lawyers’ role has evolved to address the high cost of legal services and the traditional information asymmetry between lawyers and clients. The first ... Delawyering the Corporation
