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CBS v. Howard Stern Complaint
Courtesy of ContractsProf Blog, here is what purports to be a copy of the elusive complaint in CBS v. Howard Stern. ContractsProf Blog includes the following disclaimer regarding the authenticity of the complaint: I obtained the complaint through someone who chooses to remain anonymous, who claims she obtained it simply by emailing the guys at ... CBS v. Howard Stern Complaint
SEC to Consider Expanded Preemption of Blue Sky Registration Requirements
In 1996, Congress passed the National Securities Markets Improvement Act, which, among other things, amended Section 18 of the ’33 Act to provide that no state law, rule, regulation or order “requiring, or with respect to, registration or qualification of securities, or registration or qualification of securities transactions, shall directly or indirectly apply to a ... SEC to Consider Expanded Preemption of Blue Sky Registration Requirements
Call for Papers: AALS Section on Securities Regulation
AALS SECTION ON SECURITIES REGULATION CALL FOR PAPERS FOR JANUARY 2007 ANNUAL MEETING The AALS Section on Securities Regulation will hold its seventh meeting during the AALS Annual Meeting in San Francisco, California from January 3-6, 2007. (The Section meeting is tentatively scheduled for Saturday, January 6, 2007). The Executive Committee invites submissions of abstracts ... Call for Papers: AALS Section on Securities Regulation
AT&T/BellSouth Merger Agreement
Click here for the AT&T/BellSouth Merger Agreement. Below are a few tidbits: AT&T agrees to keep Cingular’s headquarters in Atlanta, Georgia for at least five years post-closing. AT&T would be entitled to a bust-up fee of $1.7 billion if BellSouth withdraws for a better deal. The agreement contains typical restrictions on the parties for acquisitions, ... AT&T/BellSouth Merger Agreement
On disclosure: Shame?
Daniel Akst in the NYT has an interesting piece on executive compensation and disclosure (HT: Tyler Cowen). He calls for more shame — more reliance on norms to manage intractable agency problems: Although more disclosure and pay-for-performance requirements won’t dampen runaway C.E.O. compensation, both are useful for illustrating a larger lesson: that it’s naïve to ... On disclosure: Shame?
Oxley & Baker: SEC Can Exempt Small Cos. from Sarbanes-Oxley 404
According to BNA, in a 3/2/06 letter to the SEC, Reps. Oxley and Baker stated that in their view the SEC does have the authority under both Section 36(a) of the Exchange Act and Section 3(a) of SOX to exempt small companies from SOX 404 (see my post on this argument here). I guess that ... Oxley & Baker: SEC Can Exempt Small Cos. from Sarbanes-Oxley 404
A Reply to McCann on the Globetrotters
Professor McCann responds to my earlier post about the Globetrotters use of exclusive contracts, and more generally, erroneously inferring monopoly power from the observation of a single firm winning the competition for exclusives: While I understand Wright’s theoretical point, I find it hard to imagine how there can be actual competition for the exclusivity contracts ... A Reply to McCann on the Globetrotters
More on Audit Engagement Letter Limitation of Liability Provisions
Today’s W$J has another article on limitation of liability provisions in auditor engagement letters (click here). This is a subject on which I’ve blogged before (see here and here). Because of the attention given the issue, it looks like more companies are disclosing in their proxy statements the existence of the provisions. I remain slightly ... More on Audit Engagement Letter Limitation of Liability Provisions
Interest on Tax Refunds
I worked on my tax return this weekend and will be getting a fairly sizable refund. I’m well aware that this means I have essentially made a tax free loan to the IRS, and it does bother me. But I guess it does not bother me enough to do anything about it in light of ... Interest on Tax Refunds
The Globetrotters and Competition for Contract
Microsoft, AT&T, Standard Oil, and …. the Globetrotters? The Globetrotters just might join this list of well known antitrust defendants. The Harlem Ambassadors, a rival exhibition basketball squad, have filed a complaint with the FTC concerning the Globetrotters’ use of “exclusivity windows” in leases with local arenas, which effectively prevent competitors from playing in the ... The Globetrotters and Competition for Contract
Universities redux: The anti-market folks begin to crow
Last week I made a few observations and asked a few questions about higher education in the wake of the Summers fiasco (which I dubbed l’Affair Étés, but apparently no one thought that was nearly as clever as I did). Over at Prawfsblawg, guest blogger Jonathan Zittrain takes NYT columnist John Tierney (for my money, ... Universities redux: The anti-market folks begin to crow
Survey on Majority Voting for the Election of Directors
As I’ve blogged before (here), a hot issue among shareholder activists this proxy season is majority voting for the election of directors. As mentioned in my previous post, a number of companies have taken a pre-emptive strike approach and voluntarily adopted modified plurality or majority voting standards in an effort to stave off the activists. ... Survey on Majority Voting for the Election of Directors
