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The Case Against Mandatory Annual Director Elections and Shareholders’ Meetings
I’ve recently posted on SSRN my latest draft article entitled The Case Against Mandatory Annual Director Elections and Shareholders’ Meetings. Here’s the abstract: The article examines the mandatory requirement under state corporate law and stock exchange listing standards that public corporations hold annual shareholders’ meetings for the election of directors. Specifically, I question the value ... The Case Against Mandatory Annual Director Elections and Shareholders’ Meetings
Do Positive Externalities Always Justify Government Subsidies? Some Insights From the Austrians and Public Choice
The folks over at Lawyers, Gun$, and Money are chiding me for ignoring (or, as they say, never having heard of) positive externalities. A couple of days ago, I criticized a NYT editorial calling for the federal government to “throw its weight behind” private efforts to develop alternative fuels. My main point was that the ... Do Positive Externalities Always Justify Government Subsidies? Some Insights From the Austrians and Public Choice
Henry Manne on Behavioral Finance & Insider Trading
When Henry Manne writes about insider trading, as he does this week in the WSJ op-ed, one can be sure that it is worth reading. The op-ed, which is the first installment of a two part series, offers two central points: (1) the behavioral finance literature does not support the regulation of insider trading, but ... Henry Manne on Behavioral Finance & Insider Trading
LSE companies worry about SOX.
According to this CFO.com article, London Stock Exchange listed companies are concerned that the acquisition of the LSE by a U.S. exchange will subject the companies to SOX (recall that Nasdaq’s $4.2 billion unsolicited bid for the LSE was rejected but it has since acquired 24% of LSE shares). And LSE companies should be concerned ... LSE companies worry about SOX.
Alternative Fuels: Let Markets, Not Government, Decide.
It’s a strange day when the New York Times advocates corporate tax breaks. It’s an even stranger day when I dissent from that recommendation. Well, today must be a strange day indeed, for they did, and I must. The upshot of today’s editorial, Let Them Go Green, is that the federal government should “throw its ... Alternative Fuels: Let Markets, Not Government, Decide.
More on Wal-Mart and Organics
An article from yesterday’s W$J sheds some light on the organic community’s anger over Wal-Mart’s decision to begin selling organic products. A few weeks ago, I accused Wal-Mart’s critics of wanting to keep price-sensitive consumers out of the organic “club.� The article in yesterday’s Journal suggests that that’s part of the story, but that the ... More on Wal-Mart and Organics
Option Backdating and Disney
As I’m sure you’ve heard by now, the Delaware Supreme Court finally issued its opinion in Disney. See this post at the glom for commentary by Gordon Smith and a collection of links to discussion on other blogs. As for option backdating, I think directors on compensation committees of companies embroiled in the backdating scandal ... Option Backdating and Disney
Zion to register options tied to employee stock options.
Today’s W$J has an article about Zion Bancorp’s plan to register and sell to the public stock options that mimic the stock options it grants to its employees . It seems like another good example of the unintended consequences of disclosure regulation that Geoff has blogged about before (see here, here and here). Zion does ... Zion to register options tied to employee stock options.
Justice Department asks court to dismiss case challenging PCAOB.
Following up on this post, according to this Reuters article the Justice Department has filed a “statement of interest” asking the court to dismiss the PCAOB constitutionality case. [T]he lawsuit was filed “at the wrong time, in the wrong court” and should be dismissed. It said a challenge to the constitutionality of PCAOB must first ... Justice Department asks court to dismiss case challenging PCAOB.
Do Any (Other) Law Schools Have A Dominant Paradigm?
An exchange between Ethan Leib at Prawfsblawg and Kate Litvak in the comments to Ethan’s very interesting post on political science in the academy raises some interesting questions about the status of law and economics in the legal academy. Ethan kicks off the exchange by noting that: “[Y]ou’d have to be blind to ignore that ... Do Any (Other) Law Schools Have A Dominant Paradigm?
NYSE proposal would give majority voting more teeth.
An NYSE working group recently issued a report recommending, among other things, that NYSE Rule 452 be amended to no longer allow brokers to vote uninstructed shares in uncontested elections. Briefly, for any shareholder vote brokers are required to seek voting instructions from the beneficial owners of shares held in “street name.” Under current Rule ... NYSE proposal would give majority voting more teeth.
Full Text Searching Added to EDGAR
I just noticed that the SEC’s EDGAR data base now has a beta version full text search feature (see here). I’m not sure how well it works (the search of my name came up empty, but I know I’m on the cover pages of some S-1s and S-4s from my practice days), but it’s a ... Full Text Searching Added to EDGAR
