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Movies, capitalism and anti-semitism
Jean-Luc Godard’s getting an honorary Oscar which, as the NYT reports, presents a problem. Godard is “an avowed anti-Zionist and advocate for Palestinian rights,” and made a documentary which included alternating images of Golda Meir and Adolf Hitler. Most notably for present purposes, he told Le Matin in 1985: “What I find interesting in the ... Movies, capitalism and anti-semitism
FTC Settlement Finalized
The FTC settlement with Intel has been finalized with one change the Commission’s press release describes as follows: After considering public comments, the FTC modified the proposed order to allow Intel to manufacture and sell a chip that it had in development before the proposed order was negotiated, but that would violate that order because ... FTC Settlement Finalized
Patent Thickets: Lessons from the Sewing Machine War
My colleague Adam Mossoff’s wonderful paper, A Stitch in Time: The Rise and Fall of the Sewing Machine Patent Thicket, was featured in a WSJ article focused on drawing implications for the smartphone market by studying our experience with the sewing machine patent pool. Professor Mossoff is optimistic about the opportunities for players in the ... Patent Thickets: Lessons from the Sewing Machine War
Election 2010 and Financial Services Politics
I thought it would be interesting to blog some of the rumors currently circulating about what the election will mean for the makeup of the House Financial Services Committee and the Senate Banking Committee. The makeup of the Senate Banking Committee is, I would argue, the single most important driver shaping financial services legislation. The ... Election 2010 and Financial Services Politics
When Google’s Competitors Attack …
We’ve discussed the all too common tactic in antitrust of rival’s complaining to government agencies to get them to bring antitrust complaints. There is nothing particularly special about this tactic. As I’ve pointed out in the context of allegations by Microsoft and Microsoft-supported rivals of Google, conventional economic reasoning suggests that, without more, complaints from ... When Google’s Competitors Attack …
A new argument against federal proxy access
Dodd-Frank included new federal rules regarding proxy access, which have significant problems. Now a new paper by Becker, Bergstresser and Subramanian provides an additional argument against these rules, Does Shareholder Proxy Access Improve Firm Value? Evidence from the Business Roundtable Challenge. Here’s the abstract: We measure the value of shareholder proxy access by using a ... A new argument against federal proxy access
Indoors and outdoors whistleblowing
Today’s WSJ notes criticism of Dodd-Frank’s bounty provision for whistleblowers on the ground that it undermines the internal reporting provisions of the previous financial law, Sarbanes-Oxley. The WSJ notes that plaintiffs lawyers eager to handle complaints on behalf of whistleblowers are getting the word out, issuing press releases and publishing articles about the new law ... Indoors and outdoors whistleblowing
The limits of fiduciary duties: tomorrow at B.U.
Tomorrow at Boston University I’ll be joining a distinguished group to discuss the Role of Fiduciary Law and Trust in the 21st Century, inspired by the work of Professor Tamar Frankel. Those who have followed my work will not be surprised that I’m going to focus on the limits of fiduciary duties, and their inappropriate ... The limits of fiduciary duties: tomorrow at B.U.
Don’t vote
[In honor of the coming election. The following is reprised from the last election. It still applies.] Here’s the basic instruction (stop after 1:22). Dubner & Levitt giving the sober economics (of course it’s about social norms). Gordon Tullock, in the inimitable style I recognize from being officed down the hall from him back at ... Don’t vote
Will Federal Courts Adopt the 2010 HMGs?
Leah Brannon and co-author Kathleen Bradish, both of Cleary Gottlieb Steen & Hamilton, offer a skeptical view: In the half-century since du Pont, lower courts have continued to view market definition as a predicate to Section 7 claims. For example, the D.C. Circuit in FTC v. Cardinal Health, Inc. stated that “[d]efining the relevant market ... Will Federal Courts Adopt the 2010 HMGs?
Proxy advisors as regulatory spawn
John Carney comments on the rise of proxy advisory firms. He attributes this partly to increasing complexity caused by the securities industry. He notes the irony that “[r]eforms to securities regulations that were ostensibly intended to empower shareholders or further ‘shareholder democracy’ have instead resulted in increasing domination of proxy questions by a small clique ... Proxy advisors as regulatory spawn
Death of Big Government
I’ve been talking (maybe to death) about how high costs, competition, outsourcing, etc., have contributed to the Death of Big Law. Now Bloomberg reports (HT Law blog) that Mark Cuban’s lawyer told U.S. District Judge Reggie Walton in Washington that he was seeking a creative solution to moving the case along, noting the federal government ... Death of Big Government
