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An epitaph for backdating
Peter Lattman reports on the Karatz case as an epitaph for the whole backdating so-called scandal: “These prosecutions went out with a whimper rather than a bang,” said Christopher J. Clark, a criminal defense lawyer at Dewey LeBoeuf who has done work on backdating cases. “With few convictions and no substantial sentences, juries and the ... An epitaph for backdating
Antitrust and the Midterm Elections
What do the midterm election results mean for antitrust, if anything? According to the American Antitrust Institute, not much: Despite predictions that the new Congress will result in a dramatically changed climate for business, the American Antitrust Institute (AAI) predicts that the election will have relatively little impact on the enforcement of the nation’s antitrust ... Antitrust and the Midterm Elections
When governments attack–and delusional law professors find the problem to be corporations
I find it interesting that many on the left, so intent on maintaining their anti-market narratives, distort reality so badly that black is white and up is down–and “government” is “corporations.” I’ve highlighted this before when discussing the misdirected criticisms (and solutions) of self-described privacy advocates who point the finger at Google when really they ... When governments attack–and delusional law professors find the problem to be corporations
Justice for a backdater
Two days ago I discussed the sentencing of KB Home’s Bruce Karatz, where the court was weighing the Probation Office’s recommendation of home detention against the U.S. Attorney’s 6.5 year jail sentence recommendation. I noted the argument that was being made that “swindlers shouldn’t be treated better than dope dealers,” and responded “Injustice to drug dealers doesn’t justify ... Justice for a backdater
CPI Symposium featuring Ginsburg and Wright on Antitrust Sanctions
Competition Policy International’s newest issue has been released. The issue is focused on cartel sanctions and features a colloquium on a piece co-authored by Judge Douglas Ginsburg and me on Antitrust Sanctions, with comments from a fantastic lineup of antitrust economists and lawyers: Joseph Harrington (Johns Hopkins), Pieter Kalbfleisch (Netherlands Competition Authority), Mariana Tavares de ... CPI Symposium featuring Ginsburg and Wright on Antitrust Sanctions
Jail time for backdaters
I’ve blogged fairly extensively about backdating, including serious questions about whether and when it was wrong at all, and even more serious questions about whether it should be criminalized. Among the specific issues are whether any misrepresentations were material to investors. And then there’s the epidemic of prosecutorial misconduct that has occurred in these cases. ... Jail time for backdaters
Meet the new doctor’s office: the hospital
The WSJ reports that doctors increasingly working for hospitals, which are becoming “consolidated health-care providers,” rather than for themselves. Doctors don’t want to have the burdens of ownership, and hospitals want to lock in customers for their expensive facilities. While doctors are reconfiguring into medical technology intermediaries, lawyers are clinging to their age-old model of ... Meet the new doctor’s office: the hospital
Creditor derivative suits in Delaware LLCs
The ever-helpful Francis Pileggi thoroughly discusses an interesting and important recent Delaware opinion by VC Laster, CML V, LLC v. Bax, C.A. No. 5373-VCL (Del.Ch. Nov. 3, 2010) which holds a creditor lacks standing under the Delaware LLC act to sue an insolvent LLC derivatively. The following builds on Mr. Pileggi’s excellent analysis. The court interpreted ... Creditor derivative suits in Delaware LLCs
Business Law and the Austrian Theory of the Firm
My Missouri colleague, Peter Klein, of Organizations and Markets fame (and, like Larry, a proud non-voter), has been asked to contribute a book chapter on the Austrian theory of the firm and the law. Peter, who has written extensively on the Austrian theory of the firm and maintains an online bibliography on the subject, is ... Business Law and the Austrian Theory of the Firm
Some Economics of Contractual Restrictions on Political Contributions by Cable Pundits
Jonathan Adler and Orin Kerr chime in over at VC to make the point that MSNBC’s rules against contributions from television personalities is pointless, or perhaps counterproductive. Here’s Adler: I agree with Orin that strict application of rules against political activity by journalists to opinionated commentators and hosts is silly. No one believes these figures ... Some Economics of Contractual Restrictions on Political Contributions by Cable Pundits
Foreclosure lawyers as mortgagees
The NYT reports on foreclosure lawyers who are getting paid contingency fees for mortgage savings, and are themselves getting mortgages from their clients to secure their fees: The Ticktin mortgages resemble the loans that the clients originally got from Countrywide, GMAC and other lenders. Each will be a contractual obligation with the law firm, labeled ... Foreclosure lawyers as mortgagees
Following the sun, or not
From Nick Rowe (HT MR) (see also): [L]et T be the time everybody else chooses, and let S be the time the sun chooses. So my reaction function is t = R(T,S). Assume that dR/dT>0, dR/dS>0, and dR/dT+dR/dS=1. What this means is that if everybody else gets up one hour later, I will get up (say) ... Following the sun, or not
