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Is the FTC Moving to the National Gallery of Art?
The Federal Trade Commissioners have posted a letter to Congressmen John Mica and Nick Rahall, members of the House Transportation and Infrastructure Committee, “in response to legislative action by the Committee to transfer the historic FTC Building to the National Gallery of Art.” I had not heard about any planned legislative action to move the ... Is the FTC Moving to the National Gallery of Art?
Dan Crane’s The Institutional Structure of Antitrust Enforcement
Dan Crane’s new book is now available from Oxford University Press (HT: Danny Sokol). Dan has been a repeat visitor to TOTM, is a co-author, and his scholarship on is always insightful. I suspect this book will become a standard reference in the growing antitrust institutions literature. Here is the book description from the OUP ... Dan Crane’s The Institutional Structure of Antitrust Enforcement
Unconscionability for corporate law
So you thought unconscionability was for furniture stores? Larry Cunningham has news for you: This Article explains why and how traditional contract law’s theory of unconscionability should be used to create a modicum of judicial scrutiny to strike obnoxious pay contracts and preserve legitimate ones. Under this proposal, pay contracts that are the product of ... Unconscionability for corporate law
Lawyers in Jeopardy
The WSJ reports: In a nationally televised competition, the Watson computer system built by International Business Machines Corp. handily defeated two former “Jeopardy” champions. * * * To emulate the human mind, and make it competitive on the TV quiz show, Watson was stuffed with millions of documents—including dictionaries, anthologies and the World Book Encyclopedia. ... Lawyers in Jeopardy
Death to insider traders
NY U.S. Attorney Preet Bharara testified today at the U.S. Sentencing Commission for stiffer insider trading penalties. He said “[t]he guidelines as they stand may be letting some defendants in some cases off with lighter sentences than they deserve” because stock market moves unrelated to the inside information reduced or eliminated profit on their trades. ... Death to insider traders
The Airgas decision
So Chancellor Chandler, in deciding Airgas, preserved the board’s power to decide when to sell the company. If a company’s shareholders don’t like it, they need to replace the board. If shareholders generally don’t like it they need to change the Delaware statute. In upholding the board’s power, and confirming what most astute observers knew ... The Airgas decision
Antitrust and ObamaCare
There is an interesting story developing on antitrust enforcement and collaboration between hospitals and doctors encouraged by the new health care law. The New York Times reports: An influential Republican member of the Federal Trade Commission, J. Thomas Rosch, said that without “vigorous antitrust enforcement,” the new alliances of health care providers could reduce competition ... Antitrust and ObamaCare
Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons
One of the most fundamental issues in the ongoing debate concerning the costs and benefits of expanded FTC Section 5 enforcement is the extent to which one must be concerned with its collateral consequences. A central claim of proponents of a broad interpretation of Section 5 coupled with its aggressive enforcement is that concerns with ... Revisiting the Theory and Evidence on State CPAs and FTC Act Section 5 Follow-ons
Borders’s lessons for lawyers
So Borders is headed to bankruptcy. According to the WSJ: Borders’s finances crumbled amid declining interest in bricks-and-mortar booksellers, a broad cultural trend for which it offered no answers. * * * Its online struggles proved critical as consumers became accustomed to getting books mailed to their doorsteps or downloaded to handheld electronic devices. * ... Borders’s lessons for lawyers
Lawyers behaving badly: offering discounts!
PoL invited “Truth on the Market bloggers” to tackle this one. How could we resist? It seems that while the NC bar is apparently unfazed by 40% contingency fees, they’re right on the case when it comes to a law firm offering consumers a discount on services through Groupon. According to the ABAJ: [T]he Law ... Lawyers behaving badly: offering discounts!
Milbank@Harvard
The NLJ reports Milbank is sending its associates to 8-day business training sessions at Harvard Law. Hildebrandt’s Larry Richard says: “They’re talking about teaching things like economics and finance. Will every lawyer be interested in that? ” Yeah, if they’re practicing business law and plan to stay relevant in an increasingly competitive world. The NLJ suggests ... Milbank@Harvard
NYSE-Deutsche Borse and jurisdictional competition
The WSJ opines on the impending sale of the NYSE to Deutsche Börse of Frankfurt. It describes the merger as “a story of inevitable capitalist change and how no country or institution can take its dominance for granted” and a “lesson in how easily capital, both financial and human, can relocate.” It describes the 171 ... NYSE-Deutsche Borse and jurisdictional competition
