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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
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Professor Bainbridge properly gives candidate Gingrich the treatment Professor Ribstein dished out to Professor Krugman on private equity Jury deliberates in $1B antitrust lawsuit against Microsoft (USA Today) Clock stops on EU review of Google-Motorola acquisition (BNA) Analyst argues that killing the AT&T-T-Mobile transaction will pose risks for investors as the former searches for others ... Some Links
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
Are partners employees under the discrimination laws?
The WSJ Law Blog reports that New York Supreme Court Justice Marcy Friedman held that a former Holland & Knight partner wasn’t an employee under city and state anti-discrimination laws and therefore wasn’t entitled to age discrimination protection for his expulsion at age 55. Per the Law Blog’s summary, the ex-“partner” argued that he was ... Are partners employees under the discrimination laws?
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
Sex and the business association
Should domestic relationships be modeled on corporations, partnerships or other business associations? This idea may seem attractive. As I have argued, both business and family relationships can be viewed as standard forms, which are useful for filling gaps in long-term contractual relationships. Borrowing contract-type thinking from business associations also could help break through the norm-driven ... Sex and the business association
Energy Secretary Chu, I Told You So On Solyndra
In the spirit of Christmas, I thought I would take an opportunity this holiday season to tell the embattled Secretary of the Energy Department “I told you so” over the Solyndra solar development loan debacle. Here’s my op-ed in the Washington Times today (also available here): VERRET: No, dude, we don’t need more Solyndras Beltway ... Energy Secretary Chu, I Told You So On Solyndra
Big Law as LPO reseller
Yesterday’s Law Blog notes a Fronterion report that legal outsourcers are facing more competition from “insourcers” setting up centers inside the U.S. The reasons include rising wages in India and falling wages in the U.S. and the U.K. so The glut of new law school graduates in 2012 will likely put offshore legal services ... Big Law as LPO reseller
Krugman on private equity
Paul Krugman, writing in Thursday’s NYT, sees Romney as a real life version of Oliver Stone’s Gordon Gekko in the film Wall Street. He characterizes Romney and his private equity ilk as job-destroyers, and argues that they should be taxed (and presumably also regulated) accordingly. He contrasts this with the supposed position of the GOP ... Krugman on private equity
