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Bausch & Lomb, Securities Fraud, and Director Liability
You might have noticed that the current Bausch & Lomb product recall is on my list of things to blog about. Let us start in on it: As you likely know, Bausch & Lomb announced a worldwide recall yesterday of its MoistureLoc product. This recall comes about a month after B&L disclosed concerns about and ... Bausch & Lomb, Securities Fraud, and Director Liability
It is nice to be here!
“A [] party! I’m so glad I wore my pretty dress!� (I will mail a University of Richmond Law School mug to the first person who can identify the speaker and origin of the above quote.) I am leading off my first Truth On The Market post with such a festive quote because I am ... It is nice to be here!
The Importance of Hedge Funds
The current issue of The New Yorker magazine includes an article about hedge funds (click here). The article mentions that hedge funds have been called locusts of the global economy, disasters waiting to happen absent regulation, and instruments of Satan. It notes that hedge funds are easy to hate. “They’re secretive, rarely making public disclosures ... The Importance of Hedge Funds
Google Shareholder Proposal to Eliminate Dual-Class Capitalization
Google’s recent proxy statement included the below shareholder proposal submitted by the Bricklayers & Trowel Trades International Pension Fund. RESOLVED: That the shareholders of Google Inc. (“the Company�) request that the Board of Directors take the steps that may be necessary to adopt a recapitalization plan that would provide for all of the Company’s outstanding ... Google Shareholder Proposal to Eliminate Dual-Class Capitalization
NYT on Preserving the Purity of the Organic Club
The New York Times is worried about Wal-Mart’s plan to sell organic food. One would think that fans of organic would be happy about this development. It means that organic products will be available more cheaply at Wal-Mart, which is planning to sell organic products for just 10% more than conventionally grown food, and it’s ... NYT on Preserving the Purity of the Organic Club
No Monkey Scribes Here: The MasterCard IPO and the Role of the Lawyer
Bill’s post concerning the role of lawyers in reducing regulatory costs reminded me that that I had forgotten to post after the recent Harvard Negotiation Law Review Symposium on Deal-Making and Strategic Negotiation (thanks for the invite Vic). I had blogged about the value of case studies for empirical scholarship here. The symposium included some ... No Monkey Scribes Here: The MasterCard IPO and the Role of the Lawyer
I’ve been misinterpreted.
I recently published an article on section 36(a) of the Investment Company Act of 1940. Section 36(a) provides a federal cause of action for “a breach of fiduciary duty involving personal misconduct in respect of any registered investment companyâ€? by an officer, director, investment adviser, or principal underwriter of an investment company, among others. Although ... I’ve been misinterpreted.
We’re not just monkey scribes
Recently posted on SSRN is an interesting article by Steven Schwarcz (Duke) entitled “Explaining the Value of Transactional Lawyering.â€? Here’s the abstract: This article attempts, empirically, to explain the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows ... We’re not just monkey scribes
Why Spitzer's Payola Attacks Will Harm Consumers
WSJ Law Blog and the WSJ report that Universal Music has now settled with the NY AG’s office for $12 million as a result of Spitzer’s continued attack on what he describes as “corrupt practices” in the music industry. (HT: Bill) The settlement also requires Universal, like Sony BMG and EMG before it, to cease ... Why Spitzer's Payola Attacks Will Harm Consumers
Thoughts on the Economics of Lawyer Licensing
Larry Ribstein and Jonathan Wilson have an interesting exchange going regarding the merits of lawyer licensing. Larry actually has several posts on the subject (see, e.g., here, here, and a paper here). WSJ Law Blog has picked up the exchange, and offers a poll which asks the question: “Is Lawyer Licensing Necessary?” (Perhaps unsurprisingly for ... Thoughts on the Economics of Lawyer Licensing
Poker Robots?
Tim Harford’s article in the Financial Times (HT: Tyler Cowen at Marginal Revolution) contains the following quote from Darse Billings on the likelihood of a poker “robot” ever beating world class poker players: “I believe that bots will eventually play better than all human beings.” Poker superstar (and UCLA PhD) Chris Ferguson apparently agrees: “If ... Poker Robots?
Vonage Free Writing Prospectus
It looks like Vonage is taking advantage of recently liberalized SEC rules that allow the use of written marketing materials during the IPO waiting period. It recently filed this letter as a “free writing prospectus.� Here’s the body of the letter: As you may know, Vonage has filed a registration statement with the Securities and ... Vonage Free Writing Prospectus
