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The collection of all scholarly commentary on law, economics, and more

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Corporate jets: the new backdating?

Looks like a new scandal is brewing.  A WSJ article co-written by one of the backdating reporters (Mark Maremont) looks through FAA flight records to find that dozens of jets operated by publicly traded corporations made 30% or more of their trips to or from resort destinations, sometimes more than 50%. Often, these were places ... Corporate jets: the new backdating?

LLCs are not corporations

Nor are they the redundant fictional entity, “limited liability corporations.” This is a lesson that courts and commentators are finally, slowly, learning.  I highlighted this point last fall in discussing CML V, LLC v. Bax, 6 A.3d 238 (Del. Ch. Nov. 3, 2010), where VC Laster denied a creditor standing to sue derivatively for an LLC, ... LLCs are not corporations

The new associates

The WSJ reports on contract lawyering: When he decided to become a lawyer, Jose Aponte followed a familiar path: He took the LSAT, spent more than $100,000 on law school, took a grueling bar exam and paid for continuing education. * * * For 10 to 12 hours a day—and sometimes during graveyard shifts—contract attorneys ... The new associates

Moving the Merc?

I’ve been writing (here and here) about Illinois’s troubles, in a mobile, multi-jurisdictional world, raising taxes on corporations to pay for its past profligacy.  And now a symbol of Chicago might be in play: The line of businesses looking for tax relief in Illinois keeps growing, with the latest plea coming from the owner of ... Moving the Merc?

Tax

Bootleggers and Baptists, 2011 version

Back in college, I didn’t think it would happen this way: Scotts Miracle-Gro Co. has long sold weed killer. Now, it’s hoping to help people grow killer weed. In an unlikely move for the head of a major company, Scotts Chief Executive Jim Hagedorn said he is exploring targeting medical marijuana as well as other ... Bootleggers and Baptists, 2011 version

What’s really motivating the pursuit of Google?

I have an op-ed up at Main Justice on FTC Chairman Leibowitz’ recent comment in response the a question about the FTC’s investigation of Google that the FTC is looking for a “pure Section Five case.”  With Main Justice’s permission, the op-ed is re-printed here:   There’s been a lot of chatter around Washington about ... What’s really motivating the pursuit of Google?

TechFreedom Search Engine Regulation Event today

Today at 12:30 at the Capitol Visitor Center, TechFreedom is hosting a discussion on the regulation of search engines:  “Search Engine Regulation: A Solution in Search of a Problem?” The basics: Allegations of “search bias” have led to increased scrutiny of Google, including active investigations in the European Union and Texas, a possible FTC investigation, ... TechFreedom Search Engine Regulation Event today

Making a statement under 10b-5

Janus Investment Fund’s (JIF) prospectus included a misstatement about market timing.  Its investment adviser and administrator is Janus Capital Management (JCM).  Plaintiff shareholders in the parent company, Janus Capital Group (JCG) argue in the Supreme Court that JCM should be liable as JIF’s manager for “mak[ing] an[] untrue statement of a material fact” in violation ... Making a statement under 10b-5

THIS THURSDAY: The Law and Economics of Search Engines and Online Advertising at GMU Law

The Henry G. Manne Program in Law & Economics Studies and Google present a conference on The Law and Economics of Search Engines and Online Advertising to be held at George Mason University School of Law, Thursday, June 16th, 2011. The conference will run from 8:30 A.M. to 5:00 P.M. OVERVIEW: This conference is organized ... THIS THURSDAY: The Law and Economics of Search Engines and Online Advertising at GMU Law

The taste for insider trading law

Steve Bainbridge responds to my post about insider trading as compensation with a suggestion that rules against insider trading are an example of a case “where mandatory rules are appropriate.” I was about to sputter about laws against insider trading are really about property rights, and surely property should be alienable — right?  And about ... The taste for insider trading law

AALS Financial Institutions Section Call for Papers

Rubber Hits Road: Implementing Dodd-Frank amid Reform Fatigue This program will take place one and a half years after the Dodd-Frank Act was signed into law. The law left many of the details of financial reform to be filled in by regulators, raising the risk of capture.  Some of the most important rule makings have ... AALS Financial Institutions Section Call for Papers

Where have all the lawyers gone: working for hedge funds every one

Dan Fisher discusses how Ecuadorean villagers financed a pollution lawsuit against Chevron with money from a hedge fund, Burford Group.  This is yet another example of how lawyers are capitalizing and packaging their skills rather than just selling it by the hour to clients. Fisher discusses how the plaintiffs’ lawyer had gone through $6 million in financing ... Where have all the lawyers gone: working for hedge funds every one