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New Paper on Option Backdating
Speaking of option backdating, David Walker from Boston University School of Law has just posted a new working paper on SRRN entitled “Some Observations on the Stock Option Backdating Scandal of 2006.” Here’s the abstract: The corporate stock option backdating scandal has dominated business page headlines during the summer of 2006. The SEC is currently ... New Paper on Option Backdating
SSRN Top Tens for Corporate, Corporate Governance, and Securities Law
The current SSRN top tens for corporate, corporate governance, and securities law are after the jump.
Welcome to the Consumer Law & Policy Blog
The CL&P Blog, which is sponsored by the Consumer Justice Project, is up and running and promises: “[A]nalysis of the latest judicial decisions, commentary on current research and scholarship in consumer law, and discussion of a wide range of topics, such as consumer class actions, mandatory binding arbitration, predatory lending, debt collection, identity theft, and ... Welcome to the Consumer Law & Policy Blog
Are Dr. Miles' Days Numbered?
Maybe. WSJ Law Blog reports that SCOTUS may revisit the nearly century old precedent applying the per se rule to minimum resale price maintenance (RPM). Dr. Miles may well be the last vestige of antitrust before consumer welfare’s promotion as the guiding principle of the Sherman Act, which is to say, before economics had a ... Are Dr. Miles' Days Numbered?
Glaxo and the Value of Litigation Reserves
Experts opined yesterday on the announcement of GlaxoSmithKline’s $3.4 BILLION (*BILLION*) settlement with the IRS over litigation related to Glaxo’s transfer pricing. Transfer pricing, as defined by the WSJ: “That practice, called “transfer pricing,” is the art of attaching a monetary value to trademarks, patents, research and other intangibles that one arm of a multinational company ... Glaxo and the Value of Litigation Reserves
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
