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Vonage commits technical violation of Securities Act
I blogged earlier about Vonage taking advantage of recently liberalized SEC rules that allow the use of written marketing materials during the IPO waiting period (see here). Specifically, they emailed a letter to their customers regarding a directed share program. They then followed up the letter with a voicemail blast (see here). All this is ... Vonage commits technical violation of Securities Act
News Flash: Mutual fund investors don’t read prospectuses!
The Investment Company Institute (ICI), the mutual fund industry trade organization, recently published a survey entitled “Understanding Investor Preferences for Mutual Fund Information.â€? Click here for the survey and here for an ICI press release with highlights of the survey. Here’s some the findings: Mutual fund investors focus primarily on fees, historical performance, and risk ... News Flash: Mutual fund investors don’t read prospectuses!
Defining Words
Words and their meanings can be tricky as an absolute matter; moreso when used as tools in the law. I have vague recollections of the interesting cases from first year contracts class where the contracting parties had gotten themselves all tied up by attributing differing meanings to the same words. Good times, good times. And the ... Defining Words
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)
Anticompetitive Barriers to E-Commerce
GMU Law, the Mercatus Center, and the Journal of Law, Economics, and Policy are sponsoring a symposium on this topic Wednesday at Hazel Hall (the law school building) at GMU. The symposium has a nice mix of economic research and legal analysis. It looks very interesting and includes a keynote address by Kenneth Starr. The ... Anticompetitive Barriers to E-Commerce
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
Update on Lawsuit Challenging PCAOB
Recall that in February the Free Enterprise Fund filed a suit claiming that the Public Company Accounting Oversight Board (PCAOB) established under Sarbanes-Oxley violates the appointments clause of the Constitution, among other provisions (see here and here). PCAOB filed a motion to dismiss this week. Click here for details.
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�
Xinha Here!–A must download for blog commentors
Elizabeth’s latest post reminded me that I’ve been meaning to blog about an add-on for Mozilla Firefox. It’s called Xinha Here! and you can download it for free here. It’s great for blog commentors because it allows you to add hotlinks to your comments on any blog without having to even know what HTML is. ... Xinha Here!–A must download for blog commentors
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.
Lexis once again has a full-text Wall Street Journal database.
I just received the following email from one of our librarians. Good news – The Wall Street Journal is again available in full text on Lexis! Coverage goes back as far as 1985. For awhile, we were not able to access the full WSJ via Lexis, but coverage has been completely restored. This really is ... Lexis once again has a full-text Wall Street Journal database.
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?
