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Showing results for:  “ribstein”

Cassano wins the corporate crime lottery

Justice has decided not to go after Joe Cassano, the man who crashed the world. The WSJ attributes this decision to the “high bar [the government] needs to meet to make criminal charges stick in a courtroom.”  How nice that the government has discovered this bar.  That could have something to do with its getting its head ... Cassano wins the corporate crime lottery

Litigating Delaware governance law in an alien land

A recent Delaware case, Baker v. Impact Holding, Inc.,  raises several interesting questions on a topic I’ve discussed recently – where to litigate cases involving Delaware business entities. Francis Pileggi has a good summary of the case.  I want to explore the case’s implications for jurisdictional competition.  First some general background before getting into the ... Litigating Delaware governance law in an alien land

Financial reform and foreign stocks

The WSJ reported on Tuesday that moves by Daimler and other European, especially German, companies to shed their U.S. listings indicate that many of these firms “have come to view [a U.S. listing] as a liability.” The exodus will leave just four major German companies with U.S. listings. The WSJ notes that the costs have ... Financial reform and foreign stocks

Big News: TOTM Welcomes Larry Ribstein

We are very pleased to announce that Larry Ribstein is joining Truth on the Market.  TOTM readers that have been with us from the beginning might recall that we got our start back in 2005 covering at Ideoblog while Larry went on vacation.  For most of our readers, I suspect Professor Ribstein will require no ... Big News: TOTM Welcomes Larry Ribstein

The first thing we do, let's kill the quants!

Professor Bainbridge has a provocative post up taking on empirical legal scholarship generally.  The While the Professor throws a little bit of a nod toward quantitative work, suggesting it might at least provide some “relevant gist for the analytical mill,” he concludes that “it’s always going to be suspect — and incomplete — in my ... The first thing we do, let's kill the quants!

Update on backdating

It’s been quite a while since we discussed backdating here at TOTM.  But back when it was all the rage, we were substantial contributors, formulating (we believe) some of the first fundamental explanations of the issues.  Some of the best posts from our backdating archive are here: I look pretty young but I’m just backdated, ... Update on backdating

A Sarbox Update

From Larry Ribstein: A few years later, Henry Butler and I wrote a book decrying SOX, and discussing the evidence that was accumulating against it, as well as the SOX suit. Here’s an excerpt from the book abstract: If the suit is successful, Congress likely will have an opportunity to repair the constitutional defect. Although ... A Sarbox Update

Jones v. Harris and Some Ramblings on Burdens of Proof, Empirical Evidence, and Behavioral Law and Economics

Much has been made about the importance of Jones v. Harris as a battle in the ongoing war between behavioral economics  and rational choice/neoclassical framework (see, e.g. the NYT).   If the case if to be about the appropriate economic methodology or model for assessing legal questions, it is definitely an interesting turn to have Judge ... Jones v. Harris and Some Ramblings on Burdens of Proof, Empirical Evidence, and Behavioral Law and Economics

Revisionist corporate governance

If you haven’t been living under a rock recently, you’ve seen an incredible amount of hand wringing–and proposed regulation–around “excessive compensation.”  I’m a little too lazy to amass all the relevant links here, but both the administration and the congress are introducing regulations/bills and talking about the issue extensively. Commentators, too, have gotten in on ... Revisionist corporate governance

The Law Market

The Law Market, Larry Ribstein’s new and important book with Erin O’Hara looks great and is available here from Oxford University Press.  The book description from the website sets the stage: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her ... The Law Market

AALS Agency, Partnerships and LLCs Section Call for Papers

Larry Ribstein is organizing the upcoming AALS session of agency, partnerships and LLCs and has posted the following call for papers: The Section on Agency, Partnerships and Limited Liability Companies is calling for papers for the 2009 AALS Annual Meeting in San Diego. We are interested in presentations on the application of modern theories and ... AALS Agency, Partnerships and LLCs Section Call for Papers

Regulate in Haste, Repent in Leisure: Reforming the Financial Regulatory Scheme

Today, Treasury Secretary Henry Paulson is set to present some comments about the Treasury’s Blueprint for Financial Regulatory Reform, released on Saturday.  (A summary of the proposal is here.) The summary of the proposal report provides:  “In this report, Treasury presents a series of “short-term” and “intermediate-term” recommendations that could immediately improve and reform the ... Regulate in Haste, Repent in Leisure: Reforming the Financial Regulatory Scheme