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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

Should there be default fiduciary duties in Delaware LLCs and LPs?

A recently published on-line symposium calls needed attention to Delaware Chief Justice Myron Steele’s remarkable article, Freedom of Contract and Default Contractual Duties in the Delaware Limited Partnerships and Limited Liability Companies, 46 Am. Bus. L.J. 221 (2009) (no free link available). The Chief Justice makes an argument that is guaranteed to shock traditional business ... Should there be default fiduciary duties in Delaware LLCs and LPs?

Vote for Truth on the Market in the ABA Journal Blawg 100

Editors of the ABA Journal recently selected Truth on the Market as one of the top 100 law blogs. Blogs dedicated to law have proliferated in the last few years and of the 3,500 entries in their directory, the ABA Journal placed Truth on the Market among the top six dedicated to business law. Congratulations are in order ... Vote for Truth on the Market in the ABA Journal Blawg 100

Is Google Search Bias Consistent with Anticompetitive Foreclosure?

In my series of three posts (here, here and here) drawn from my empirical study on search bias I have examined whether search bias exists, and, if so, how frequently it occurs.  This, the final post in the series, assesses the results of the study (as well as the Edelman & Lockwood (E&L) study to ... Is Google Search Bias Consistent with Anticompetitive Foreclosure?

The ABA creeps sideways on non-lawyer ownership

The ABA is considering loosening the bar on non-lawyer ownership of law firms (HT Law Blog).  Here’s the discussion paper. For those who are thinking that this move is meaningful, forget about it.  The ABA proposal (which would still have to be approved by the ABA and then by individual states) would permit non-lawyer ownership ... The ABA creeps sideways on non-lawyer ownership

Lawyers as responsible business advisors

Katherine Franke argues that lawyers are partly responsible for the financial misdeeds protested by OWS (HT Leiter): Implicit in the OWS protests is a condemnation of an approach to lawyering that regards all legal rules simply as the price of misconduct discounted by the probability of enforcement* * * In recent years we have seen ... Lawyers as responsible business advisors

Decriminalizing agency costs

The WSJ reports on comments by former FBI official David Cardona’s on why there haven’t been more prosecutions of financial executives as a result of the recent financial crisis: “There’s been a realization and a more deliberate targeting by the Department of Justice before we launch criminally on some of these cases” * * * ... Decriminalizing agency costs

Carrier IQ: Another Silly Privacy Panic

By now everyone is probably aware of the “tracking” of certain cellphones (Sprint, iPhone, T-Mobile, AT&T perhaps others) by a company called Carrier IQ.  There are lots of discussions available; a good summary is on one of my favorite websites, Lifehacker;  also here from CNET. Apparently the program gathers lots of anonymous data mainly for ... Carrier IQ: Another Silly Privacy Panic

Top Ten Lines in the FCC’s Staff Analysis and Findings

Geoff Manne’s blog on the FCC’s Staff Analysis and Findings (“Staff Report”) has inspired me to come up with a top ten list. The Staff Report relies heavily on concentration indices to make inferences about a carrier’s pricing power, even though direct evidence of pricing power is available (and points in the opposite direction). In ... Top Ten Lines in the FCC’s Staff Analysis and Findings

A Quick Assessment of the FCC’s Appalling Staff Report on the AT&T Merger

As everyone knows by now, AT&T’s proposed merger with T-Mobile has hit a bureaucratic snag at the FCC.  The remarkable decision to refer the merger to the Commission’s Administrative Law Judge (in an effort to derail the deal) and the public release of the FCC staff’s internal, draft report are problematic and poorly considered.  But ... A Quick Assessment of the FCC’s Appalling Staff Report on the AT&T Merger