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Lollapalooza and Antitrust
Apparently, the Illinois Attorney General is investigating Lollapalooza for potential antitrust violations arising out of exclusivity clauses that the concert promoter includes in the contracts signed with artists who play the show. The controversial radius clauses prohibit Lollapalooza acts ranging from the top headliners to the smallest “baby bands” at the bottom of the bill ... Lollapalooza and Antitrust
The Olmstead decision and the problem of single member LLCs
The Florida Supreme Court’s decision in Olmstead v. FTC on the surface is a highly convoluted case that outwardly appeals only to the sort of people who think about LLCs in the shower. Since I qualify, I suppose it falls to me to explain what this is all about. Bear me out, because this matters ... The Olmstead decision and the problem of single member LLCs
The pot market
The NYT discusses the market developing in the wake of the federal government’s decision in January to leave pot regulation to state law. Colorado’s working on regulations that other states may use as a model. Boulder now has more marijuana dispensaries than liquor stores and Starbucks combined. Hey, whatever happened to all that stuff about ... The pot market
F Cubed and jurisdictional competition
The Supreme Court, per Scalia, opined yesterday in Morrison v. National Australia Bank that foreign plaintiffs who transacted in foreign shares on a foreign exchange (hence, “f cubed”) could not bring a 10b-5 action. Margaret Sachs has a good analysis on the Glom. I want to emphasize one important and generally overlooked aspect of the ... F Cubed and jurisdictional competition
Antitrust at George Mason
Danny Sokol has posted the most downloaded antitrust law professors. I come in 4th behind Damien Geradin, David Evans, and Herb Hovenkamp. It is flattering to be in company like that by any measure. Cool. But, as Danny points out, what is even cooler is that George Mason is one of only a handful of ... Antitrust at George Mason
Proxy Access Defense #1
I’ve been spending my summer trying to get ahead of the ball on proxy access and consider the types of defenses Boards might employ against insurgents making use of the federal proxy access provision in the Dodd Bill. An article will hopefully be shipped to editors by mid-August. I first started thinking about the various ... Proxy Access Defense #1
My Forbes.com column on BP
It’s now up. As previously announced, I’ll be appearing regularly as the “Creative Destroyer.” I hope Schumpeter won’t mind.
The Supreme Court partially decriminalizes agency costs
In the Skilling-Black case, the Court struck down “honest services” wire fraud under 18 U.S.C. 1346 in the absence of bribery/kickback allegations and remanded for determinations whether the errors in applying the statute justify reversals. But the Court also held that adverse pretrial publicity and community prejudice did not prevent Skilling from obtaining a fair ... The Supreme Court partially decriminalizes agency costs
Carried interest and Swiss cheese
When I last wrote on the carried interest debate I commented on the NYT’s Andrew Sorkin’s support for characterizing private equity managers’ carried interest as ordinary income rather than capital gains. This is supposed to be a simple change that cuts fat cat fund managers down to size and fairly distinguishes what is essentially compensation ... Carried interest and Swiss cheese
Where’s the Evidence? Do Employers React to Grade Inflation?
All the rage around the law blogs this week is the question of whether law schools should be engaging in grade inflation. The issue arises from time to time. The NYT kicked off the discussion most recently with its story on the (gasp) retroactively applied bump given to Loyola LA law students. You can’t miss ... Where’s the Evidence? Do Employers React to Grade Inflation?
Clawbacks
Dennis Berman, writing in yesterday’s WSJ, discussed the SEC’s case against Maynard Jenkins, former ceo of CSK, to return $4.1 million in stock option grants because accounting fraud, in which Jenkins was not involved, allegedly inflated the returns the grants were based on. This is the SEC’s first attempt to enforce SOX Section 304 against ... Clawbacks
Some Links
Intel and FTC settlement talks heat up (WSJ) Connecticut AG Richard Blumenthal leads state AG crusade against Google’s Street View data collection (WSJ) Some good coverage of the FTC Workshop on the future of journalism, i.e. whether and how to save newspapers (here, here and here) Greg Mankiw on crisis economics New antitrust complaint against ... Some Links
