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Proposed Amendments to Delaware Code to Facilitate Majority Voting for the Election of Directors
From the ISS Corporate Governance Blog: In another development in the debate over board elections, the executive council of the Corporate Law Section of the Delaware State Bar Association has issued a recommendation on the issue. On April 20, the lawyers’ group endorsed draft legislation to amend the Delaware General Corporation Law to enable shareholders ... Proposed Amendments to Delaware Code to Facilitate Majority Voting for the Election of Directors
More on the SEC’s Antiquated Disclosure Rules for Oil Reserves
Back in February, I criticized the SEC’s rules regarding how energy companies must disclose their oil reserves in securities filings. My main point was that the conservative way the SEC measures reserves is quite different from the measurement approach the oil companies themselves take when deciding how to invest billions of their own dollars. If ... More on the SEC’s Antiquated Disclosure Rules for Oil Reserves
Churchill Sans Cigar?
AFP is reporting that the British government may allow film, television, and stage actors to… brace yourself… smoke in public! Oh…but only if smoking “is integral to the plot or storyline” of the performance at issue. Announcing this little dollop of (potential) legislative grace, a Department of Health spokesman explained: The government is considering providing ... Churchill Sans Cigar?
UnitedHealth Option Backdating Lawsuit Complaint
As I noted in this post, there are a variety of federal securities law claims that could be alleged with respect to option backdating. The case filed against UniteHealth, however, is a derivative suit which indicates it is based on state law claims. I was curious as to what exactly the claims are so I ... UnitedHealth Option Backdating Lawsuit Complaint
Case Studies & Empirical Scholarship
I am heading to Harvard tomorrow for a conference, hosted by the Harvard Negotiation Law Review, on the value of case studies and the role of lawyers in deal making. Vic at the Glom has blogged about the conference here. The conference is organized around Vic Fleischer’s case study on the MasterCard IPO, and David ... Case Studies & Empirical Scholarship
SEC Chairman testifying before Senate committee this morning
SEC Chairman Christopher Cox will be testifying this morning before the Senate Committee on Banking, Housing, and Urban Affairs. The hearing is titled “A Review of Current Securities Issues” and starts at 10:00 a.m. EST. Click here for the live Webcast. I wonder if they’ll ask him about the SEC’s internal controls problems? Update:Â CFO.com ... SEC Chairman testifying before Senate committee this morning
Dirty Coal’s Rent-Seeking Pays Off
Today’s Heard on the Street column in the W$J reports that utilities are moving away from low-sulfur coal in favor of the dirtier, high-sulfur variety. This might seem odd, given that the Clean Air Act operates on sort of a “ratchet” principle — i.e., when air quality improves, degradation is generally forbidden. One might expect ... Dirty Coal’s Rent-Seeking Pays Off
Option expensing has arrived
Under SEC rules, a public company is required to start expensing options commencing with its quarter one 10-Q for its fiscal year beginning after June 15, 2005. This means the time has arrived for public companies with calendar year-ends, and as a result, this month many companies have reported or will be reporting for the ... Option expensing has arrived
Legal Structure for Co-Blogging
Many of the papers for the upcoming Bloggership conference are available on SSRN here. I’ve skimmed a number of them. One paper in particular I want to talk about is Eric Goldman’s paper “Co-Blogging Law.� Here’s the abstract: Bloggers frequently combine their efforts through joint blogging and guest blogging arrangements. These combinations may be informal ... Legal Structure for Co-Blogging
Bernstein on the Law Deans, Tenure, and the ABA
My colleague David Bernstein at VC points out this article in Inside Higher Ed by Doug Lederman discussing the American Law Deans Association’s criticisms of the ABA’s imposition of requirements that go well beyond “assuring the quality of legal education.” Here’s David’s take: I can certainly see the case for law schools choosing to give ... Bernstein on the Law Deans, Tenure, and the ABA
New Academic Paper on Option Backdating
Following up on this post, a new paper entitled “The Dating Game: Do Managers Designate Option Grant Dates to Increase Their Compensation?� was recently posted on SSRN (click here). The paper was co-authored by two U. of Michigan Finance professors, M.P. Narayanan and Hasan Nejat Seyhan. Here’s the abstract: We provide evidence of a dating ... New Academic Paper on Option Backdating
The FCC Payola Probe Continues
The Federal Communications Commission has announced that it is stepping up efforts in its investigation of payola practices at four radio conglomerates: Clear Channel, CBS Radio, Entercom, and Citadel, and has issued former letters of inquiry. Bill pointed me to an article in the LA Times which reports that settlement talks with the four radio ... The FCC Payola Probe Continues
