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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?
The Economics of Gang Colors
Here. The article highlights an a paper stressing the role of gang colors as a commitment device to ensure higher quality criminals. The mechanism works, the authors contend, because gang colors are a handicap that increases the probability of detection and thus, low quality criminals are less likely to be able to “afford” wearing them. ... The Economics of Gang Colors
Review of Industrial Organization Special Merger Guidelines Issue
The August 2011 issue of Review of Industrial Organization is a special issue on the 2010 Horizontal Merger Guidelines edited by Roger Blair. The issue is available here, and includes articles from: Herbert Hovenkamp Robert Willig Wayne-Roy Gale, Robert C. Marshall, Leslie M. Marx and Jean-Francois Richard Roger D. Blair and Jessica S. Haynes John ... Review of Industrial Organization Special Merger Guidelines Issue
The SEC’s revolving door
I discussed last year the peculiarities of the SEC’s complaint against Goldman arising out of the infamous Abacus transaction. One peculiarity is how John Paulson, whose undisclosed role in structuring the transaction led to the charges against Goldman, has escaped blame. Today Andrew Ross Sorkin sheds some light on why that might be: a senior ... The SEC’s revolving door
The AIG-General Re reversals
A Second Circuit panel knocked over yet another federal prosecution, this one of General Re and AIG executives who were convicted of propping up AIG with an allegedly sham reinsurance transaction. As summarized by a WSJ editorial, the abuses that sent this prosecution down the tubes “include prejudicial evidence, botched jury instructions and “compelling inconsistencies” ... The AIG-General Re reversals
The remains of Howrey
I have previously covered the death of Howrey. I noted here the question of the extent to which Howrey’s LLP shield will protect its former partners from liability for the firm’s debts, and more generally what can happen following “the swift collapse of big law firms that have no real assets except the lawyers who, ... The remains of Howrey
Overcriminalization in action: the FCPA
I have written about the problems of criminalizing corporate agency costs and the intersection between these agency costs and the agency costs of the government agents who prosecute the crimes. Joe Yockey, in his recent paper Solicitation, Extortion, and the FCPA, shows that Foreign Corrupt Practices Act prosecutions provide a particularly acute illustration of these ... Overcriminalization in action: the FCPA
Groupon’s tmi
The WSJ reports that the SEC is on Groupon’s case for reporting “adjusted consolidated segment operating income” of $81.6 million while noting that subtracting marketing costs would produce a loss of $98 million. Groupon recently added that adjusted CSOI “should not be considered as a measure of discretionary cash available to us to invest in ... Groupon’s tmi
Cost-Benefit Analysis at the SEC
Despite the SEC’s groundbreaking defeat at the DC Circuit over the proxy access rules, on the grounds that it failed to adequately weigh the costs and benefits of the rule proposal, the SEC Chairman has decided that the Commission will not conduct a full cost-benefit analysis of rules mandated by the Dodd-Frank Act. In a ... Cost-Benefit Analysis at the SEC
