Showing results for: “Michael Vita”
SUPREMES PRESERVE FRAUD ON THE MARKET (AND BAIL OUT CLASS ACTION PLAINTIFFS) – TIME FOR CONGRESS TO KILL IT
On June 23 the Supreme Court regrettably declined the chance to stem the abuses of private fraud-based class action securities litigation. In Halliburton v. EPJ Fund (June 23, 2014), a six-Justice Supreme Court majority (Chief Justice Roberts writing for the Court, joined by Kennedy, Ginsburg, Breyer, Sotomayor, and Kagan) reversed the Fifth Circuit and held ... SUPREMES PRESERVE FRAUD ON THE MARKET (AND BAIL OUT CLASS ACTION PLAINTIFFS) – TIME FOR CONGRESS TO KILL IT
Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements
The National Collegiate Athletic Association’s (NCAA’s) longstanding cartel-like arrangements once again are facing serious legal scrutiny. On June 9 a federal antitrust trial opened in Oakland featuring college athletes’ attempt to enjoin the NCAA from exploiting the athletes’ names, images, and likenesses (“rights of publicity”) for profit. Rights of publicity are a well-recognized form of ... Antitrust Trial Concerning Athletes’ IP Rights Poses New Major Challenge to NCAA Cartel Arrangements
David Brat
I do not know David Brat and had never heard of him before he won the primary. I have looked at his Vita. However, I am bothered by seeing him called a free market economist and a Randian. Apparently one of the major issues distinguishing him from Mr. Cantor is Mr. Brat’s opposition to immigrants ... David Brat
Auto Dealers Dealing Tesla MO Roadblocks
Our TOTM colleague Dan Crane has written a few posts here over the past year or so about attempts by the automobile dealers lobby (and General Motors itself) to restrict the ability of Tesla Motors to sell its vehicles directly to consumers (see here, here and here). Following New Jersey’s adoption of an anti-Tesla direct ... Auto Dealers Dealing Tesla MO Roadblocks
Simplifying Small Firm Disclosure
An occasional reader brought to our attention a bill that is fast making its way through the U.S. House Committee on Financial Services. The Small Company Disclosure Simplification Act (H.R. 4167) would exempt emerging growth companies and companies with annual gross revenue less than $250 million from using the eXtensible Business Reporting Language (XBRL) structure ... Simplifying Small Firm Disclosure
Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
Late this summer, TOTM hosted a blog symposium on potential guidelines for the Federal Trade Commission’s exercise of its “unfair methods of competition” authority under Section 5 of the FTC Act. Commissioner Josh Wright inspired the symposium by proposing a set of enforcement guidelines for the Commission. Shortly thereafter, Commissioner Maureen Ohlhausen proposed her own guidelines, which were largely consistent with ... Commissioner Wright’s Call for Section 5 Guidance Getting Attention on Capitol Hill
Of Cake and Netflix
My new FSF Perspectives piece, Let Them Eat Cake and Watch Netflix, was published today. This piece explores a tension in Susan Crawford’s recent Wired commentary on Pew’s 2013 Broadband Report. I excerpt from the piece below. You can (and, I daresay, should!) read the whole thing here. In her piece, after noting the persistence ... Of Cake and Netflix
Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute
Over at the blog for the Center for the Protection of Intellectual Property, Richard Epstein has posted a lengthy essay that critiques the Obama Administration’s decision this past August 3 to veto the exclusion order issued by the International Trade Commission (ITC) in the Samsung v. Apple dispute filed there (ITC Investigation No. 794). In ... Richard Epstein Critiques Obama Administration Veto of ITC Exclusion Order in Samsung v. Apple Dispute
The .AMAZON TLD, cultural identity and competition regulation at ICANN
The ridiculousness currently emanating from ICANN and the NTIA (see these excellent posts from Milton Mueller and Eli Dourado on the issue) over .AMAZON, .PATAGONIA and other “geographic”/commercial TLDs is precisely why ICANN (and, apparently, the NTIA) is a problematic entity as a regulator. The NTIA’s response to ICANN’s Governmental Advisory Committee’s (GAC) objection to Amazon’s application for the .AMAZON TLD ... The .AMAZON TLD, cultural identity and competition regulation at ICANN
How the Employer Mandate Delay Thwarts the ACA’s Insurance Exchanges and Ignores the Main Problem With the Act’s Mandate/Subsidy Scheme
Has a piece of legislation ever been subject to as much cynicism-inspiring manipulation as the Affordable Care Act? It was rammed through Congress, on a totally partisan basis, via an unprecedented use of the reconciliation process. Its passage required blatant vote-buying with such unjust goodies as the Cornhusker Kickback and the Louisiana Purchase. Its proponents ... How the Employer Mandate Delay Thwarts the ACA’s Insurance Exchanges and Ignores the Main Problem With the Act’s Mandate/Subsidy Scheme
Good News for the SEC? Bad News for Markets
The Securities and Exchange Commission (SEC) recently scored a significant win against a Maryland banker accused of naked short-selling. What may be good news for the SEC is bad news for the market, as the SEC will now be more likely to persecute other alleged offenders of naked short-selling restrictions. “Naked” short selling is when ... Good News for the SEC? Bad News for Markets
Crane is not Right: A Response to Dan Crane on Loyalty Discounts
Guest post by Steve Salop responding to Dan’s latest post on the appropriate liability rule for loyalty discounts. Other posts in the series: Steve, Dan, and Thom. (1) Dan says that price-cost test should apply to “customer foreclosure” allegations. One of my key points was that many loyalty discount claims involve “input foreclosure” or “raising rivals’ costs” effects, not plain-vanilla ... Crane is not Right: A Response to Dan Crane on Loyalty Discounts
