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The uncorporate solution to corporate cash hoarding
Jason Zweig wrote Saturday in the WSJ about how companies are hoarding their cash. Microsoft, Cisco, Google, Apple and J & J “added $15 billion in cash and marketable securities to their balance sheets. Microsoft alone packed away roughly $9 billion, or $100 million a day. All told, the companies in the Standard & Poor’s ... The uncorporate solution to corporate cash hoarding
Immigration, preemption and regulatory coordination
The Supreme Court has issued yet another preemption opinion in Chamber of Commerce v. Whiting. The federal Immigration Reform and Control Act makes it unlawful to employ a known unauthorized alien and preempts state sanctions “other than through licensing and similar laws.” The majority held this didn’t preempt Arizona’s broad definition of license to include such ... Immigration, preemption and regulatory coordination
Nevada and the market for corporate law
I’m just catching up with this Board Member article about Delaware’s new competitor, Nevada. It notes that Nevada’s share of the out-of-state incorporation market rose from 4.6% in 2000 to 6% in 2007. Part of this may be due to lower fees than Delaware. But that can’t be the full explanation because all states are ... Nevada and the market for corporate law
From bankruptcy practice to claims trading
Am Law Daily reports (HT Dealbook) that a top Weil Gotshal bankruptcy partner left to join Claims Recovery Group LLC, which trades distressed claims against bankrupt entities. CRG’s website says that it offers creditors holding claims against bankrupt entities an opportunity to receive cash for their claims without the time and expense associated with a lengthy ... From bankruptcy practice to claims trading
The global threat to US securities laws
Today’s WSJ reports on the US’s slide in stock listings, which explains the NYSE/Deutsche Borse move. It notes that U.S. stock listings are down by 43%, or by 3800, since 1997. Listings outside the U.S. have doubled. U.S. IPOs since 2000 are down 71% from the 1990s. IPOs by VC-backed startups are down from 90% ... The global threat to US securities laws
The whistleblower rules and insider trading
The SEC has adopted Dodd-Frank whistleblower rules (see Law Blog story) which have sparked controversy because they award bounties without requiring use of internal corporate reporting mechanisms. Whistleblower organizations are happy, corporations not so much. It’s a good time to remember my proposal last year to let the whistleblowers trade: The beauty of the insider ... The whistleblower rules and insider trading
Advance praise for Manne & Wright book on regulating innovation
Our book, Competition Policy and Patent Law Under Uncertainty: Regulating Innovation will be published by Cambridge University Press in July. The book’s page on the CUP website is here. I just looked at the site to check on the publication date and I was delighted to see the advance reviews of the book. They are ... Advance praise for Manne & Wright book on regulating innovation
House Committee on the Judiciary Hearing on the AT&T / T-Mobile Merger
Tomorrow morning. I’ll post my written testimony here tomorrow. Hearing on: “How Will the Proposed Merger Between AT&T and T-Mobile Affect Wireless Telecommunications Competition?” Thursday 5/26/2011 – 10:30 a.m. 2141 Rayburn House Office Building Subcommittee on Intellectual Property, Competition and the Internet Witness List Mr. Randall Stephenson Chairman, Chief Executive Office and President AT&T, Inc. ... House Committee on the Judiciary Hearing on the AT&T / T-Mobile Merger
The First Amendment and corporate governance
Robert Jackson recently discussed an SEC staff ruling that the ordinary business exception for shareholder proposals under Rule 14a-8 did not justify excluding a proposal recommending that the board disclose and let shareholders vote on its policies related to corporate political spending. Jackson opines that “the decision will help bring corporate political speech decisions into line ... The First Amendment and corporate governance
Tips for Law Student Judicial Interns
Orin Kerr: If you’re a law student who is interning for a judge this summer, here’s my advice (beyond the usual advice of working hard, being professional, etc.): 1) Be incredibly nice to the secretaries. You might think judges run judicial chambers. For the most part, though, they don’t: Judges’ secretaries run judicial chambers. Judges ... Tips for Law Student Judicial Interns
Against expanding the ALI
Eric Gerding, commenting on a post by his co-blogger Gordon Smith, wonders if the ALI should veer from its core task of restating the common law into such regulatory subjects as corporate criminal liability, copyright, financial regulation, cyberlaw and international consumer protection. Erik suggests that the ALI “assemble a pool of experts on given regulatory ... Against expanding the ALI
Mercatus Conference on Wireless Competition
Wednesday, May 18th, I participated in a Mercatus event at George Mason focusing upon wireless competition, the forthcoming wireless competition report, FCC wireless policy, competition policy more generally. The panel included: Thomas W. Hazlett, Professor of Law & Economics, George Mason University School of Law Joshua D. Wright, Associate Professor of Law, George Mason University ... Mercatus Conference on Wireless Competition
