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What’s An Internet Monopolist? A Reply to Professor Wu
We’ve been reading with interest a bit of an blog squabble between Tim Wu and Adam Thierer ( see here and here) set off by Professor Wu’s WSJ column: “In the Grip of the New Monopolists.” Wu’s column makes some remarkable claims, and, like Adam, we find it extremely troubling. Wu starts off with some ... What’s An Internet Monopolist? A Reply to Professor Wu
Investor-Protective Analysis or Illegal Insider Trading?
One problem with a group blog is that you don’t always know what your co-bloggers are writing while you’re drafting a post. I drafted the following post without realizing that Larry (and Steve Bainbridge) had already gone to town on the matter — in more detail than I, not surprisingly. In any event, I’m posting ... Investor-Protective Analysis or Illegal Insider Trading?
Free to Choose? A Symposium on Behavioral Law and Economics
Mark your calendars! Truth on the Market will be holding a two day symposium on behavioral law and economics and its implications on December 6th and 7th. We’ve got a great lineup of participants confirmed — and several invitations pending. We’ll have more announcements as we get closer to the date. Stay tuned. Free ... Free to Choose? A Symposium on Behavioral Law and Economics
The return of Rudy G
The WSJ has breathlessly reported: Federal authorities, capping a three-year investigation, are preparing insider-trading charges that could ensnare consultants, investment bankers, hedge-fund and mutual-fund traders, and analysts across the nation, according to people familiar with the matter. The criminal and civil probes, which authorities say could eclipse the impact on the financial industry of any ... The return of Rudy G
The SEC slams venture capital
Dodd-Frank imposed registration requirements on advisors of hedge funds. The act exempted venture capital funds but left it to the SEC to define these funds. The SEC has now proposed a definition as part of new rules implementing Dodd-Frank’s hedge fund provisions. According to the SEC’s press release, a venture capital fund is a private ... The SEC slams venture capital
Carl Shapiro on BCBS and the New Merger Guidelines
?Carl Shapiro’s (DOJ) speech at the ABA Fall Forum contains (at least) two interesting tidbits worth highlighting for TOTM readers. The first is a discussion of the DOJ’s case against Blue Cross Blue Shield, which as discussed here, turns on an economic analysis of the use of most-favored nations clauses in contractual arrangements with hospitals: ... Carl Shapiro on BCBS and the New Merger Guidelines
Fair Search’s Google-ITA Video
A link to the video is available here. The video has all of the standard ingredients of a competitor complaint: (1) a slogan (“Stand with Bob”), (2) anti-corporate rhetoric (“Freedom not Google Profit!”), and (3) appeals to provocative statements from a CEO. Meanwhile, Google rivals have also turned their attention to Congress. I suppose the ... Fair Search’s Google-ITA Video
Will Leegin Return to the SCOTUS?
See Update Below. The Supreme Court’s ruling in PSKS v. Leegin Creative Leather Products, which reversed Dr. Miles and ended the per se rule for minimum resale price maintenance, remanded the case to the district court to consider claims under the new rule of reason analysis. On remand, PSKS filed a second amended complaint alleging ... Will Leegin Return to the SCOTUS?
More backdating detritus
I’ve written (e.g.) about the misguided criminal prosecutions spawned by the backdating so-called scandal. WSJ’s Holman Jenkins, who has been on the story from the beginning, echoes these sentiments, emphasizing the real scandal of the prosecutorial misconduct spawned by backdating: it’s . . . hard not to see the self-interested ethics of the plaintiff’s bar ... More backdating detritus
Close corporation remedies and the evolution of the closely held firm
As previously discussed, I attended and presented a paper at an interesting symposium on the famous close corporation case, Wilkes v. Springside. Now the paper is available. Here’s the abstract: Close Corporation Remedies and the Evolution of the Closely Held Firm This paper examines the law of closely held firms from an evolutionary perspective. The ... Close corporation remedies and the evolution of the closely held firm
Arbitration and preemption
Ok, so here’s the deal. AT&T sells two cellular phones for nothing with a two-year contract term, and then charges $30.22 in sales tax. Customers complain about the sales tax. The contract provides for individual arbitration where the customer resides. AT & T will pay double attorneys fees and $7,500 if the arbitrator awards the ... Arbitration and preemption
When Cartels Unravel, Judicial Clerkship Market Edition
The National Law Journal reports (HT: Rick Hills): Are the Wild West days of federal clerk hiring back? That’s what some law school administrators and judges fear. They worry that the voluntary system whereby federal judges wait until September of the 3L year to hire clerks is teetering. Judges are choosing clerks earlier in the ... When Cartels Unravel, Judicial Clerkship Market Edition
