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Cox Says No to Sarbanes-Oxley 404 Exemption
From today’s Chicago Tribune (click here): Securities and Exchange Commission Chairman Christopher Cox said Monday that small companies won’t get an exemption from Sarbanes-Oxley rules requiring independent auditors to certify compliance with federal laws.
A Bizarre Insider Trading Case from Down Under
Today’s W$J reports on an odd lawsuit the Australian government is pursuing against Citigroup. According to the Australian Securities and Investments Commission, a smoke break conversation between Citigroup employees resulted in illegal insider trading. Citigroup, it seems, was representing bidder Toll Holdings, Inc. in a yet-to-be-announced hostile bid for Patrick Corp., Austrialia’s largest port cargo ... A Bizarre Insider Trading Case from Down Under
MSM, Blogs, and George Mason's "Other" Big News
It has been a fine month for George Mason University. The Final Four appearance has attracted a good deal of media attention and general buzz. This week, I received a record number of phone calls from friends about Mason (“No, I dont have any extra Final Four tickets.”). As great as this news is for ... MSM, Blogs, and George Mason's "Other" Big News
Retirement Benefits and the Lucent/Alcatel Deal
As a merger between Lucent and Alcatel inches closer to completion, Lucent’s retirees worry about what may happen to their benefits. Billed as a “merger of equals,� concerns about Lucent’s retirement accounts have been a speed bump. While Lucent has nearly a $2.7 billion surplus in its three of its pension plans, it faces a ... Retirement Benefits and the Lucent/Alcatel Deal
Google files to sell additional 5.3 million shares
Taking advantage of the securities offering reforms that have been in effect since December 1, 2005, yesterday Google filed an automatic shelf registration statement on Form S-3 for the sale of an additional 5.3 million shares of its Class A Common Stock (click here). As the name implies, the registration statement went effective automatically upon ... Google files to sell additional 5.3 million shares
DOJ Approves Whirlpool/Maytag Merger
The DOJ will not challenge Whirlpool’s (much-blogged-about) proposed acquisition of Maytag (HT: WSJ Law Blog). This Reuters blurb suggests that antitrust experts believe the decision “is a key test of the Justice Department’s new antitrust chief and could provide a glimpse of how tough he will be in reviewing mergers” (HT: Antitrust Review). I’m skeptical ... DOJ Approves Whirlpool/Maytag Merger
Zaring on the ABA Consent Decree
David Zaring, guest blogging at Concurring Opinions, has some thoughts on the sunsetting of the ABA’s consent decree this June. David asked for my thoughts on what this will mean for the market for legal education (also, I am quite flattered that Zaring describes me as a “prominent and businessey professor blogger,” but, I am ... Zaring on the ABA Consent Decree
"Go-Shop" Provisions in Acquisition Agreements
A standard provision of an acquisition agreement is a “no-shop/no-talk.� Under this provision, the target company contractually agrees with the buyer not to solicit or talk to other buyers, even if unsolicited, regarding making a superior bid. A no-shop/no-talk is designed to protect the buyer against another buyer stealing the deal. However, the provision is ... "Go-Shop" Provisions in Acquisition Agreements
Nacchio’s Puzzling Insider Trading Defense, Part II
I’m really starting to worry about the lawyers for former Qwest CEO, Joseph Nacchio. (I first expressed concern here.) Mr. Nacchio has been charged with 42 counts of criminal insider trading. The charges are based on allegations that Mr. Nacchio learned, after Qwest had made some rosy public statements, that business wasn’t going as well ... Nacchio’s Puzzling Insider Trading Defense, Part II
Sen. Lugar’s New Grip on Reality
In a recent speech at the Brookings Institution, Senator Richard Lugar (R-IN) bashed what he called “a laissez-faire energy policy that relies on market evolution.” Under such a policy, he says, “life in America is going to be much more difficult in the coming decades.” He insists that “[w]hat is needed is an urgent national ... Sen. Lugar’s New Grip on Reality
Mandating Cost-Savings for Hospitals
It drives me nuts when the government attempts to justify rules mandating particular business practices on grounds that they reduce costs for the businesses being regulated. My favorite recent example of this is OSHA’s ultimately repealed (thank goodness!) ergonomics standard. The agency sought to justify the extraordinarily intrusive rule on grounds that it would save ... Mandating Cost-Savings for Hospitals
SEC Tech Measures
Today’s W$J has an article detailing tech oriented measures being pushed at the SEC by Chairman Cox. These measures include: • Offering incentives to companies to disclose financial information in a way that tags various pieces of data — such as revenue, profit margins and reserves — so that investors can compare companies against each ... SEC Tech Measures
