Showing results for: “FTC policy statement unfair methods of competition”
Bausch & Lomb, Securities Fraud, and Director Liability
You might have noticed that the current Bausch & Lomb product recall is on my list of things to blog about. Let us start in on it: As you likely know, Bausch & Lomb announced a worldwide recall yesterday of its MoistureLoc product. This recall comes about a month after B&L disclosed concerns about and ... Bausch & Lomb, Securities Fraud, and Director Liability
Google Shareholder Proposal to Eliminate Dual-Class Capitalization
Google’s recent proxy statement included the below shareholder proposal submitted by the Bricklayers & Trowel Trades International Pension Fund. RESOLVED: That the shareholders of Google Inc. (“the Company�) request that the Board of Directors take the steps that may be necessary to adopt a recapitalization plan that would provide for all of the Company’s outstanding ... Google Shareholder Proposal to Eliminate Dual-Class Capitalization
NYT on Preserving the Purity of the Organic Club
The New York Times is worried about Wal-Mart’s plan to sell organic food. One would think that fans of organic would be happy about this development. It means that organic products will be available more cheaply at Wal-Mart, which is planning to sell organic products for just 10% more than conventionally grown food, and it’s ... NYT on Preserving the Purity of the Organic Club
Why Spitzer's Payola Attacks Will Harm Consumers
WSJ Law Blog and the WSJ report that Universal Music has now settled with the NY AG’s office for $12 million as a result of Spitzer’s continued attack on what he describes as “corrupt practices” in the music industry. (HT: Bill) The settlement also requires Universal, like Sony BMG and EMG before it, to cease ... Why Spitzer's Payola Attacks Will Harm Consumers
Thoughts on the Economics of Lawyer Licensing
Larry Ribstein and Jonathan Wilson have an interesting exchange going regarding the merits of lawyer licensing. Larry actually has several posts on the subject (see, e.g., here, here, and a paper here). WSJ Law Blog has picked up the exchange, and offers a poll which asks the question: “Is Lawyer Licensing Necessary?” (Perhaps unsurprisingly for ... Thoughts on the Economics of Lawyer Licensing
Vonage Free Writing Prospectus
It looks like Vonage is taking advantage of recently liberalized SEC rules that allow the use of written marketing materials during the IPO waiting period. It recently filed this letter as a “free writing prospectus.� Here’s the body of the letter: As you may know, Vonage has filed a registration statement with the Securities and ... Vonage Free Writing Prospectus
GMU/ Mercatus Symposium: Anticompetitive Barriers to E-Commerce
GMU Law and the Mercatus Center are jointly presenting a symposium on “Anticompetitive Barriers to E-Commerce,” Wednesday, May 24th from 8 am to 5pm. The symposium announcement is here. The agenda is here. Kenneth Starr is the keynote speaker and will be presenting his thoughts on “The Commerce Clause and E-Commerce.” Other speakers tentatively listed ... GMU/ Mercatus Symposium: Anticompetitive Barriers to E-Commerce
The Froth Is Back
Today’s WSJ reports that professional stock analysts employed by brokerage firms are up to their old sunny ways. These “sell-side� analysts came under fire in 2002 for rendering falsely optimistic trading recommendations. Congressional hearings revealed that during the late 1990s, analysts’ “buy� recommendations outnumbered “sell� recommendations by nearly 100 to one. Well, according to today’s ... The Froth Is Back
Antitrust Souvenirs?
From the Antitrust Hotch Potch, a quote from a Microsoft antitrust lawyer referencing the fact that the stripped version of Windows (without the Media Player monopolistically integrated and forced upon consumers to their detriment … ) is being ordered by stores slightly less frequently than the “full” version of Windows, i.e. 1,787 copies versus 35 ... Antitrust Souvenirs?
Proposed Amendments to Delaware Code to Facilitate Majority Voting for the Election of Directors
From the ISS Corporate Governance Blog: In another development in the debate over board elections, the executive council of the Corporate Law Section of the Delaware State Bar Association has issued a recommendation on the issue. On April 20, the lawyers’ group endorsed draft legislation to amend the Delaware General Corporation Law to enable shareholders ... Proposed Amendments to Delaware Code to Facilitate Majority Voting for the Election of Directors
UnitedHealth Option Backdating Lawsuit Complaint
As I noted in this post, there are a variety of federal securities law claims that could be alleged with respect to option backdating. The case filed against UniteHealth, however, is a derivative suit which indicates it is based on state law claims. I was curious as to what exactly the claims are so I ... UnitedHealth Option Backdating Lawsuit Complaint
Case Studies & Empirical Scholarship
I am heading to Harvard tomorrow for a conference, hosted by the Harvard Negotiation Law Review, on the value of case studies and the role of lawyers in deal making. Vic at the Glom has blogged about the conference here. The conference is organized around Vic Fleischer’s case study on the MasterCard IPO, and David ... Case Studies & Empirical Scholarship
