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SEC Organizational Reform Hearing
The semester is off to a bang. I arrived at Stanford Monday to start teaching in the Law School and begin a research fellowship at the Hoover Institution. Yesterday I hiked in the mountains overlooking the SF Bay. Today I am flying back to DC (and blogging in flight, how cool is that) to testify ... SEC Organizational Reform Hearing
The man who invented the hostile takeover
Henry Manne first theorized the market for corporate control, but the man who first put the concept into action was Louis E. Wolfson. I blogged briefly about Wolfson when he died in 2008. Now you can read more about him in Alan M. Weinberger, What’s in a Name?– The Tale of Louis Wolfson’s Affirmed, 39 Hofstra ... The man who invented the hostile takeover
New on SSRN: Preemption and Choice-of-Law Coordination
My new paper with Erin O’Hara O’Connor has just been posted. The paper analyzes preemption in light of the theories presented in our book, The Law Market. I earlier discussed our evolving ideas and their application to the Supreme Court’s recent arbitration and immigration decisions. Here’s the abstract: The scope of federal preemption of state ... New on SSRN: Preemption and Choice-of-Law Coordination
NY Times (and maybe Professor Hovenkamp?!) Confused About the Merger Guidelines
The NY Times starts its op-ed against the AT&T / T-Mobile transaction with a false proposition about antitrust analysis of mergers: “The analysis begins with a mathematical formula for calculating the deal’s effect on competition.” Any antitrust lawyer or economist will recognize the error. A major change from the 1997 Horizontal Merger Guidelines to the ... NY Times (and maybe Professor Hovenkamp?!) Confused About the Merger Guidelines
Coding legal arguments
The NYT writes about computerized journalism: The company’s (Narrative Science) software takes data, like that from sports statistics, company financial reports and housing starts and sales, and turns it into articles. * * * The Big Ten Network, a joint venture of the Big Ten Conference and Fox Networks, began using the technology in the ... Coding legal arguments
New Yorker captions and the law
For years I’ve been trying to win the New Yorker caption contest. After repeated failure I’ve finally decided my problem is that I’m not a typical New Yorker reader. Which means that I read the Wall Street Journal. So now the WSJ has a story (who will read it?) on other people who have had ... New Yorker captions and the law
My Reflections on The Senate CFPB Hearing
[Cross-posted at PYMNTS.COM] Richard Cordray’s nomination hearing provided an opportunity to learn something new about the substantive policies of the new Consumer Financial Protection Bureau. Unfortunately, that opportunity came and went without answering many of the key questions that remain concerning the impact of the CFPB’s enforcement and regulatory agenda on the availability of consumer ... My Reflections on The Senate CFPB Hearing
Pre-formation fiduciary duties in LLCs: Roni v. Arfa
Last year I wrote here about Roni LLC v Arfa, which I cited as an example of the “troubling lawlessness of NY LLC law.” As discussed in my blog post, the court in that case, after holding that the parties’ arms-length pre-formation business relationship did not support a fiduciary relationship, nevertheless denied defendants’ motion to dismiss ... Pre-formation fiduciary duties in LLCs: Roni v. Arfa
Dodd-Frank and law’s information revolution
In Law’s Information Revolution, Kobayashi and I note that: a Davis, Polk & Wardwell LLP report on Dodd-Frank became a main way to access materials relating to this long and complex law. The firms hope to use these materials to generate business. Law firms might also sell subscriptions to more sophisticated materials or offer them ... Dodd-Frank and law’s information revolution
The legislative response to Olmstead
I wrote last year about how the Florida Supreme Court had messed with the LLC “charging order” remedy to give the creditors of the sole member of an LLC access not just to the members’ financial rights, as the statute allows, but also to the member’s governance rights, which the statute arguably forecloses. The dissenters ... The legislative response to Olmstead
Incentive pay for bank regulators
Now that regulating banker pay has been studied exhaustively, here’s something else worth studying: bank regulator pay. Fred Tung and Todd Henderson are on the case, in Pay for Regulator Performance. Here’s the abstract: Few doubt that executive compensation arrangements encouraged the excessive risk taking by banks that led to the recent Financial Crisis. Accordingly, ... Incentive pay for bank regulators
2011 Illinois Corporate Colloquium: Shadab on credit risk transfer
The 2011 Illinois Corporate Colloquium got off to a good start with Houman Shadab presenting his paper, The Good, the Bad, and the Savvy: Credit Risk Transfer Governance. Here’s the abstract: Goldman Sachs and AIG on the eve of the 2008 financial crisis were bound together through a web of credit risk transfer (CRT) contracts ... 2011 Illinois Corporate Colloquium: Shadab on credit risk transfer
