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Antitrust in the Cards
Here is an interesting looking lawsuit involving restraints that Upper Deck imposes on Internet-only distributors: Upper Deck filed a lawsuit on its new distribution policy against Blowout Cards and other (as of yet unnamed) Internet-only stores in June 2011. Without rehashing the entire article, Upper Deck’s distribution policy basically requires its authorized hobby distributors to ... Antitrust in the Cards
Chancellor Strine on LLC law
We got our first LLC opinion from Chancellor Strine in his new position atop the Delaware Chancery Court. It’s worth close attention in its own right as a case of first impression, and as an indication of the new Chancellor’s general approach to these cases. The case is Achaian, Inc. v. Leemon Family LLC. Francis ... Chancellor Strine on LLC law
Flash Mob Attacks
Glenn Reynolds links to a Christian Science Monitor story on flash mobs made up of black teenagers. Cities mentioned are Philadelphia, Milwaukee, Chicago and Atlanta. Criminologists are quoted giving their usual explanations, including high unemployment. Black teenage unemployment is now about 40%. Don’t forget that the minimum wage was increased in July 2009 to $7.25 ... Flash Mob Attacks
Tomorrow: Teleforum on lawyer licensing
Tomorrow, August 9, 1:00 EDT, I’ll be on the phone discussing “Grading the Bar Exam: Compulsory Licensing for Lawyers.” Sponsored by the Federalist Society Professional Responsibility and Legal Education Practice Group. To participate dial in to 1-888-752-3232. No prior registration necessary. After opening remarks, I’ll take questions from callers. Hear you there!
Government spending, cargo cults, and rules for growth
When the debate about the debt ceiling and spending gets past name-calling to real issues, it’s about the best path to growth and jobs. An example of the pro-spending view is James Surowiecki in the current New Yorker: [T]he spending cuts * * * will likely hit precisely the kind of public spending—on infrastructure, basic ... Government spending, cargo cults, and rules for growth
The arbitration (and death?) of securities class actions
Barbara Black has suggested that the time may have come to reconsider arbitration of federal securities claims against issuers (and not just brokers). And that’s only the beginning. Here’s the abstract: Ever since the U.S. Supreme Court held that arbitration provisions contained in brokerage customers’ agreements were enforceable with respect to federal securities claims, proposals have ... The arbitration (and death?) of securities class actions
Comparative uncorporate law
Don Clarke has written a nice piece on “the past and future of comparative corporate governance.” Here’s part of the abstract: Recent years have seen the rise of comparative corporate governance (CCG) as an increasingly mainstream approach within the world of corporate governance studies. This is a function partly of an increasing international orientation on ... Comparative uncorporate law
Kathleen Casey and the power of dissent
I would like to add to Jay’s praise of departing SEC Commissioner Casey my own appreciation. I noted a couple of weeks ago the Commissioners Casey and Paredes’ influence on the DC Circuit’s proxy access decision. These Commissioners haven’t just been nay-sayers throwing down a gauntlet against regulation. Rather, they have been consistently thoughtful and ... Kathleen Casey and the power of dissent
SEC Commissioner Kathleen Casey steps down
Commissioner Casey announced that she is stepping down from the SEC. SEC Commissioner Kathleen L. Casey announced that she is leaving the agency today, having completed her five-year term on June 5 of this year. Commissioner Casey was sworn in on July 17, 2006, and has been a staunch advocate of the agency’s mission to ... SEC Commissioner Kathleen Casey steps down
S&P Credit Rating Drop
There are few things in this world I enjoy as much as an opportunity to say “I told you so.” Well, I told you so. In May of 2010 I published an op-ed where I said: If Washington properly accounted for its debt and deficit, we might be in the same situation. A threat to the US ... S&P Credit Rating Drop
Efficiency, Competition, Capital Formation, Investor Protection, Apple Pie and Puppies
One of the things that I hope to spend more time doing now that I have returned to the blogosphere is open-source article writing. By that I mean blogging about an article idea and updating it as I progress. Some say it’s a bad plan…people might steal your ideas, or maybe you expose yourself to ... Efficiency, Competition, Capital Formation, Investor Protection, Apple Pie and Puppies
Should the SEC regulate corporate political speech?
Ten leading corporate and securities law professors have petitioned the SEC to develop rules to require companies to disclose their political spending. This is the latest iteration of efforts to end-run Citizens United’s restrictions on regulating corporate campaign activities by calling it corporate governance regulation. See my recent post on the Shareholder Protection Act. I’ve written ... Should the SEC regulate corporate political speech?
