Showing results for: “FTC policy statement unfair methods of competition”
The AEI Event on the Abortion and Crime Debate
The current debate regarding the link between abortion legalization and crime rates has been well publicized. Last week, the AEI held an event at which nearly every scholar to comment on this issue since the initial Donohue & Levitt results were released, stated their case. Here is the AEI’s description: In 2001, John Donohue of ... The AEI Event on the Abortion and Crime Debate
Is the phrase "material omission" materially misleading?
Judges and commentators (myself included) routinely assert that an element of a claim under Sections 11, 12(a)(2) and 17(a) of the ’33 Act and Rule 10b-5 of the ’34 Act is a misstatement or omission of a material fact. However, the omission part of the element, with slight differences in phrasing, is actually an omission ... Is the phrase "material omission" materially misleading?
Tenure and the Law Deans
While we’re talking about the ABA . . . Brian Leiter asks whether the American Law Deans’ Association is opposed to tenure. The question is spurred by the ALDA’s comment (.doc) filed with the DOE on the ABA’s application for reaffirmation as a recognized accrediting body. Leiter cites to a blog post (which links to ... Tenure and the Law Deans
Live from Pyongyang!
In today’s NYT, columnist John Tierney sends CNN’s Lou Dobbs to North Korea to experience first-hand the sort of self-sufficient (isolationist?) utopia Dobbs and his jingoist fans long for. Perhaps a little unfair, but pretty funny. Read it here (Times Select subscription required).
Google files to sell additional 5.3 million shares
Taking advantage of the securities offering reforms that have been in effect since December 1, 2005, yesterday Google filed an automatic shelf registration statement on Form S-3 for the sale of an additional 5.3 million shares of its Class A Common Stock (click here). As the name implies, the registration statement went effective automatically upon ... Google files to sell additional 5.3 million shares
DOJ Approves Whirlpool/Maytag Merger
The DOJ will not challenge Whirlpool’s (much-blogged-about) proposed acquisition of Maytag (HT: WSJ Law Blog). This Reuters blurb suggests that antitrust experts believe the decision “is a key test of the Justice Department’s new antitrust chief and could provide a glimpse of how tough he will be in reviewing mergers” (HT: Antitrust Review). I’m skeptical ... DOJ Approves Whirlpool/Maytag Merger
Zaring on the ABA Consent Decree
David Zaring, guest blogging at Concurring Opinions, has some thoughts on the sunsetting of the ABA’s consent decree this June. David asked for my thoughts on what this will mean for the market for legal education (also, I am quite flattered that Zaring describes me as a “prominent and businessey professor blogger,” but, I am ... Zaring on the ABA Consent Decree
"Go-Shop" Provisions in Acquisition Agreements
A standard provision of an acquisition agreement is a “no-shop/no-talk.� Under this provision, the target company contractually agrees with the buyer not to solicit or talk to other buyers, even if unsolicited, regarding making a superior bid. A no-shop/no-talk is designed to protect the buyer against another buyer stealing the deal. However, the provision is ... "Go-Shop" Provisions in Acquisition Agreements
Nacchio’s Puzzling Insider Trading Defense, Part II
I’m really starting to worry about the lawyers for former Qwest CEO, Joseph Nacchio. (I first expressed concern here.) Mr. Nacchio has been charged with 42 counts of criminal insider trading. The charges are based on allegations that Mr. Nacchio learned, after Qwest had made some rosy public statements, that business wasn’t going as well ... Nacchio’s Puzzling Insider Trading Defense, Part II
Sen. Lugar’s New Grip on Reality
In a recent speech at the Brookings Institution, Senator Richard Lugar (R-IN) bashed what he called “a laissez-faire energy policy that relies on market evolution.” Under such a policy, he says, “life in America is going to be much more difficult in the coming decades.” He insists that “[w]hat is needed is an urgent national ... Sen. Lugar’s New Grip on Reality
SEC Tech Measures
Today’s W$J has an article detailing tech oriented measures being pushed at the SEC by Chairman Cox. These measures include: • Offering incentives to companies to disclose financial information in a way that tags various pieces of data — such as revenue, profit margins and reserves — so that investors can compare companies against each ... SEC Tech Measures
"Let the Market Handle It"
Economists, free-marketeers, and law and econ types are often accused of invoking this phrase as a knee-jerk reaction to regulations of all shapes and sizes. The position is sometimes attacked as overly simplistic, based upon an unjustified faith in markets, or just plain lazy. On this score, Don Boudreaux (Cafe Hayek, GMU) has a must-read ... "Let the Market Handle It"
