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Delaware uncorporate law evolves an escape from Dodd-Frank
It’s been interesting to watch uncorporations (particularly LLCs and limited partnerships) evolve over the last twenty years or so. Perhaps the most interesting aspect of this evolution is what’s been happening in Delaware regarding contracting over fiduciary duties. This is particularly intriguing because it concerns a key area of difference between corporations and uncorporations — ... Delaware uncorporate law evolves an escape from Dodd-Frank
Does the Voluntary Industry “Agreement” to Ban Phosphates in Dishwasher Detergents Violate Section 1?
Apparently, the detergent industry has entered into what has been described as a “voluntary agreement” to reduce the use of phosphates in detergents (HT: Ted Frank). A press release from Clean Water Action describes the agreement as follows: On July 1, 2010 a voluntary ban on phosphates in dishwasher detergents will be implemented by many ... Does the Voluntary Industry “Agreement” to Ban Phosphates in Dishwasher Detergents Violate Section 1?
The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption
Along with co-author Judd Stone, I’ve posted to SSRN our contribution to the Review of Industrial Organization‘s symposium on the 2010 Horizontal Merger Guidelines — The Sound of One Hand Clapping: The 2010 Horizontal Merger Guidelines and the Challenge of Judicial Adoption. The paper focuses on the Guidelines’ efficiencies analysis. We argue that while the ... The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption
Delaware for Small Fry: Jurisdictional Competition for Limited Liability Companies
My article with Bruce Kobayashi, previously available as a working paper, has just been published in 2011 University of Illinois Law Review 91 with the above new title . The published version has been posted on SSRN. Here’s the revised abstract: Most of the work on jurisdictional competition for business associations has focused on publicly ... Delaware for Small Fry: Jurisdictional Competition for Limited Liability Companies
The Rahm problem
This is a little off-topic, but it’s about Chicago, my home town. I haven’t lived there for 35 years, but I have family there, favorite restaurants, and go there a lot. I am currently away on government service (teaching at a state university). But I couldn’t vote or run for office there, even if I ... The Rahm problem
Another path to growth: fix SOX
Yesterday I noted, anticipating the President’s call tonight for spending to encourage US growth and competitiveness, that “a better way to increase U.S. competitiveness is by changing the law rather than spending money.” One law to consider is Sarbanes-Oxley. In our book, The Sarbanes-Oxley Debacle, Butler and I discuss, among other things, SOX’s effect on ... Another path to growth: fix SOX
Intel Case the Model for the FTC?
So says this BusinessWeek headline based on an interview with Federal Trade Commission Chairman Jon Leibowitz. However, most of the article appears to be about establishing the Commission seeking to advance the proposition that the FTC Act expands beyond the scope of the antitrust laws. For example, the Chairman is quoted as saying “We would ... Intel Case the Model for the FTC?
Paths to competitiveness: more spending vs. better laws
As Steve Bainbridge recently noted: Obama said . . . that making the U.S. more competitive means investing in a more educated work force, committing more to research and technology, and improving everything from highways and airports to high-speed Internet. He observes that a better way to increase U.S. competitiveness is by changing the law ... Paths to competitiveness: more spending vs. better laws
The SEC recommends broker-dealer fiduciary duties
The SEC staff, acting under Dodd-Frank §913(g), has decided to recommend a “uniform fiduciary standard” for broker-dealers and investment advisors who provide investment advice to retail customers. The recommended rules would provide that the standard of conduct for all brokers, dealers, and investment advisers, when providing personalized investment advice about securities to retail customers (and ... The SEC recommends broker-dealer fiduciary duties
More on the First Amendment and proxy access
The ramifications of the Supreme Court’s decision in Citizens United promise to play out for quite awhile, particularly including its effect on corporate governance. For example, will corporate decision-making that produces corporate speech be exempt from the First Amendment? And how does the First Amendment apply to securities law limitations on what corporations can say ... More on the First Amendment and proxy access
The Relevance of ELS Revisited
Brian Leiter’s recent post, Empirical Legal Studies, Redux, summarizes the blog debate over the growth of empirical legal studies and its implications for legal scholarship. There is not much need to go through history here, but Professor Leiter’s recent post gets pretty quickly to the point, i.e. Professor Eisenberg’s response to Leiter’s would be-claim that ... The Relevance of ELS Revisited
FCC Approves Comcast-NBC Merger With Conditions
While the FCC has announced its approval of the Comcast-NBC deal, The problem of overlapping agency review of mergers arises once again. We’ve discussed previously the costs of FCC merger view, and in particular, the issues of delay and imposition of conditions unrelated to the merger. The FCC review of the Comcast-NBC deal appears to ... FCC Approves Comcast-NBC Merger With Conditions
