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The collection of all scholarly commentary on law, economics, and more

Showing results for:  “patent litigation rate”

Sarbanes-Oxley: Linux Users Beware

As you may have guessed from my previous posts, I’m not a big fan of Sarbanes-Oxley, so I generally appreciate the criticism it receives. Some of the criticism, however, is almost comical. Take for example Steve Ballmer’s statement last month: ”The Ballmer children do not have their Xbox 360 yet…Thanks to the wonders of Sarbanes-Oxley, ... Sarbanes-Oxley: Linux Users Beware

In international blog news

First, Joel Trachtman of Tufts’ (great and soon-to-be better) Fletcher School has started up a new international trade blog, called International Economic Law and Policy. If you know anything about international trade law and/or economics, you know Joel Trachtman and thus you know that this will be a must-read. He has been joined at the ... In international blog news

Cumulative Voting for Directors

While working on my last post, I discovered that Hewlett-Packard’s certificate of incorporation provides for cumulative voting in the election of directors. This made me curious as to how many other public companies have cumulative voting so I googled it. I came up with this article which says about 10% of the companies in the ... Cumulative Voting for Directors

Majority Voting For Directors

According to this SocialFunds.com article, the hot issue with activist shareholders for the upcoming proxy season is majority voting for the election of directors. ISS estimates that shareholder proposals for the adoption of majority voting will be submitted to over 100 companies (up from 79 last year). These proposals generally call for a bylaw amendment ... Majority Voting For Directors

On disclosure, a continuing series

We all know that our securities regulatory regime is predominantly a disclosure regime, meaning the regulators, for the most part, don’t impose substantive regulations on securities issuers, but require only accurate, timely disclosure of certain information. And as against a more intrusive, substantive regime, I think this is preferable, even in its current, fairly intrusive ... On disclosure, a continuing series

Executive Pay Rules to Move Forward

SEC commissioners voted unanimously yesterday to move forward with the new pay disclosure rules. Broc over at the Corporate Counsel blog has a great post (click here) detailing the proposal, including links to Chairman Cox’s opening statement and Commissioner Atkin’s statement.

Stealth Anti-Churning Measure?

The W$J had an article last week about a new rule under the Investment Advisers Act of 1940 that goes into effect on January 31, 2006 (click here for the article [$], here for a post on the W$J blog concerning the article, and here for the SEC adopting release). This posts takes a different ... Stealth Anti-Churning Measure?

Blogs, Law Reviews, and the Economics of Superstars

Does the world really need yet another business law blog? Is the market for business law commentary truly underserved? Can a new blog like ours serve any useful purpose in a blogosphere already blessed with Bainbridge, Becker-Posner, Conglomerate, Ideoblog, 10b-5 Daily, and many other outstanding sites? While “no� might well be the answer to all ... Blogs, Law Reviews, and the Economics of Superstars

"TM"ing the Blogosphere

It looks like people take issue with our use of TM after our name and tagline. See Gordon’s post at the Conglomerate and this comment from Josh’s post: Great blog, but do you really want to trademark this: “Academic commentary on law, business, economics and moreâ€?? It’s tacky. There are millions of bloggers out there, ... "TM"ing the Blogosphere

A First Day Thought on "Truth on the Market"

I didn’t pick the name of this weblog, but I really like it. It encapsulates, I believe, much of what the blogosphere is about. As Bill noted, the truth-on-the-market defense essentially prevents a finding of securities fraud based on a defendant’s misstatement or omission if the truth has effectively entered the market. The doctrine thus ... A First Day Thought on "Truth on the Market"

Can the SEC Exempt Small Companies From Sarbanes-Oxley 404?

Last month the SEC Advisory Committee on Smaller Public Companies adopted the following three recommendations concerning oft-maligned Sarbanes-Oxley Section 404: 1. Exempt Microcap companies from S404, subject to certain conditions 2. Exempt Smaller Public Companies from the external audit requirement of S404, subject to certain conditions. 3. The subcommittee strongly endorses recommendation #2. However, if ... Can the SEC Exempt Small Companies From Sarbanes-Oxley 404?

Policies

Posts. The views expressed in posts on this blog are those of the designated author and do not necessarily reflect the views of the other bloggers. With that said, if you find a post particularly insightful, brilliant or the like, you can assume it does reflect the insightfulness, brilliance, etc. of the other bloggers for ... Policies