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DC Cracks Down on Price Gougers
After a year long investigation, Michael Giberson (of the excellent Knowledge Problem) points to the DC Attorney General’s announcement that a single retailer has agreed to pay a fine of $897.61 without admitting any wrongdoing. Yes, 900 bucks. Unfortunately, the lesson that the DC Attorney General has learned from this year long investigation was not ... DC Cracks Down on Price Gougers
Thoughts on AFSCME v. AIG
As discussed here, here and here, the Second Circuit recently rejected the SEC’s interpretation of Rule 14a-8(i)(8) which allows a company to exclude a shareholder proposal from its proxy materials “[i]f the proposal relates to an election for membership on the company’s board of directors . . . � (see AFSCME v. AIG, 2006 WL ... Thoughts on AFSCME v. AIG
Mike Madison on the future of legal scholarship
It occurs to me that pretty much the only “must-read” posts I find are at Larry’s blog. Sensibly enough, as he is the . . . what do they call it . . . “blogfather” of this blog.  But once in a while a post shows up elsewhere that cries for (positive) attention. Today that post comes from ... Mike Madison on the future of legal scholarship
Where's the outrage?
I don’t have much to add to Larry’s post about Eliot Spitzer’s persecution (and non-prosecution) of AIG and Maurice Greenberg, or to Larry’s ongoing crusade against the criminalization of agency costs. But I just can’t resist registering my outrage.  How can this sort of thing not make your blood boil? Other than a few lonely voices ... Where's the outrage?
Help Wanted in Columbia, Missouri
I’m on a committee charged with locating qualified candidates for an endowed professorship at the University of Missouri-Columbia School of Law (my home institution). The position is not limited to any area of law, but candidates should have a proven track record of scholarly productivity. If you’re a star of the legal academy (or at ... Help Wanted in Columbia, Missouri
SEC to propose amendment to Rule 14a-8 in light of AFSCME decision
As discussed by Prof. B. in this post, the 2nd Circuit recently ruled “that a shareholder proposal that seeks to amend the corporate bylaws to establish a procedure by which shareholder-nominated candidates may be included on the corporate ballot does not relate to an election within the meaning of [Rule 14a-8(i)(8)] and therefore cannot be ... SEC to propose amendment to Rule 14a-8 in light of AFSCME decision
J&J’s Bundled Discounts Victory
As reported here, Johnson & Johnson scored a major victory last week in a case challenging some of its discounting practices. The jury concluded that J&J had not engaged in monopolization of the market for “trocars,” which are sharp cylindrical devices used in endoscopic surgery. Plaintiff Applied Medical Resources Corp., which sells trocars that compete ... J&J’s Bundled Discounts Victory
No, Matt, executive compensation is not all about norms
[UPDATE: In order to avoid linking glitches we removed the quotes from around the phrase, “all about norms” in the original title. This post thus has a different url than the original but is otherwise the same.] In a post titled, “Backdating: Yes, Virginia, Execs Do Want Inflated Pay,â€? over at PrawfsBlawg, Matt Bodie weighs ... No, Matt, executive compensation is not all about norms
Henderson on Executive Compensation in Bankruptcy
Todd Henderson’s paper finds that compensation arrangements of solvent and insolvent firms are similar to each other. The empirical strategy involves the assumption that firms in bankruptcy are a useful control group for testing agency theory explanations of executive compensation because those costs are significantly lower for insolvent firms. I don’t know enough about bankruptcy ... Henderson on Executive Compensation in Bankruptcy
Defending (Positive) Law & Economics
Securities Mosaic is a fantastic resource for anyone working in the securities field. It provides comprehensive information in six key areas: disclosure, laws, rules, guidance, news, and compliance centers. In addition, the site features SM Blogwatch, which republishes posts from various securities-related blogs, including this one. Yesterday, I was formally welcomed to the SM Blogwatch ... Defending (Positive) Law & Economics
Discretionary Spending (and my mother)
Back during GW’s first term, when various folks were positing that the economy was in a recession, my mother said something along the lines of “I know that we are not in a recession because people are still buying bras from Victoria’s Secret.” True story. My mom’s point, for those of you who have never ... Discretionary Spending (and my mother)
Chief Judge Easterbrook
Deven Desai at Concurring Opinions discusses an interesting article on law.com reporting that my old boss, Judge Frank Easterbrook, will soon become Chief Judge of the Seventh Circuit. Interestingly, the article suggests, and the judge in an interview confirms, that not very much about the Seventh Circuit is likely to change. The court is already ... Chief Judge Easterbrook
