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

Showing results for:  “digital markets act”

The FTC Report on Price Gouging (And Its Absence)

The Federal Trade Commission was directed to investigate the possibility of price gouging and manipulation in the aftermath of Hurricane Katrina. The FTC released its 222 page report today (HT: Antitrust Review). It is a comprehensive analysis of local, regional, and national prices before and after Katrina and Rita. One of the key tasks charged ... The FTC Report on Price Gouging (And Its Absence)

Shareholder vs. Stockholder

Along the lines of the last paragraph of this post, when I was a second year law firm associate I drafted a brilliant “Comparison of Rights� section for an S-4 registration statement as required under Reg S-K, Item 1004(a)(2)(v). The section compared the rights of owners of common stock under Minnesota law and Delaware law. ... Shareholder vs. Stockholder

The Merck Directors and the Vioxx Debacle: A Good Chance to Revisit the Phrase “In Good Faith�

Have we already discussed the In re Merck & Co. opinion (2006 WL 1228595 (D.N.J. May 6, 2006)), wherein we find a curious demand futility discussion regarding the Vioxx debacle? Please tell me that someone out there in the blogosphere has already dissected the opinion at length. No? On May 5, 2006, Federal District Court ... The Merck Directors and the Vioxx Debacle: A Good Chance to Revisit the Phrase “In Good Faith�

Rules.

I basically like rules. Rules, laws, parameters, boundaries. I tend to be more of a visual thinker, so rules allow me to create mental boxes into which I can visually put ideas. And, setting aside my own cognitive style, rules keep the world organized. We all know what to expect from each other if we ... Rules.

Economic Illiteracy of the Week?

Via Ted Frank at Point of Law, the House has overwhelmingly passed a price gouging bill that will not help consumers, but on the bright side, is likely to provide a fresh example for microeconomics instructors teaching the consequences of price controls. The award for economic illiteracy of the week goes to the whole House, ... Economic Illiteracy of the Week?

Halliburton Annual Shareholders’ Meeting Location

Halliburton Company is catching heat from shareholder activists for holding its meeting in Duncan, Oklahoma, a town of 22,500, instead of Houston as it has done since 2003 (AP article). “They’re relocating to a city where they don’t actually have to be accountable to their own shareholders,” said Maureen Haver, spokeswoman for the Houston Global ... Halliburton Annual Shareholders’ Meeting Location

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

It is nice to be here!

“A [] party!  I’m so glad I wore my pretty dress!� (I will mail a University of Richmond Law School mug to the first person who can identify the speaker and origin of the above quote.) I am leading off my first Truth On The Market post with such a festive quote because I am ... It is nice to be here!

The Importance of Hedge Funds

The current issue of The New Yorker magazine includes an article about hedge funds (click here). The article mentions that hedge funds have been called locusts of the global economy, disasters waiting to happen absent regulation, and instruments of Satan. It notes that hedge funds are easy to hate. “They’re secretive, rarely making public disclosures ... The Importance of Hedge Funds

No Monkey Scribes Here: The MasterCard IPO and the Role of the Lawyer

Bill’s post concerning the role of lawyers in reducing regulatory costs reminded me that that I had forgotten to post after the recent Harvard Negotiation Law Review Symposium on Deal-Making and Strategic Negotiation (thanks for the invite Vic). I had blogged about the value of case studies for empirical scholarship here. The symposium included some ... No Monkey Scribes Here: The MasterCard IPO and the Role of the Lawyer

I’ve been misinterpreted.

I recently published an article on section 36(a) of the Investment Company Act of 1940. Section 36(a) provides a federal cause of action for “a breach of fiduciary duty involving personal misconduct in respect of any registered investment companyâ€? by an officer, director, investment adviser, or principal underwriter of an investment company, among others. Although ... I’ve been misinterpreted.

We’re not just monkey scribes

Recently posted on SSRN is an interesting article by Steven Schwarcz (Duke) entitled “Explaining the Value of Transactional Lawyering.â€?  Here’s the abstract: This article attempts, empirically, to explain the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows ... We’re not just monkey scribes