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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
Chicago Price Theory Conference
The University of Chicago Initiative on Chicago Price Theory — whose founders include Gary Becker, Kevin M. Murphy, and Steve Levitt — is holding a conference on April 7-8. The line up is spectacular, and includes excellent panels on: the market for talent in finance, the environment and economics, a tribute to Gary Becker, the ... Chicago Price Theory Conference
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 My favorite recent example of this is OSHA’s ultimately repealed (thank goodness!)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$J has an article detailing tech oriented measures being pushed at the SEC by Chairman Cox. These measures include: • Offering incentives to companies to disclose financial information in a way that tags various pieces of data — such as revenue, profit margins and reserves — so that investors can compare companies against each ... SEC Tech Measures
"Let the Market Handle It"
Economists, free-marketeers, and law and econ types are often accused of invoking this phrase as a knee-jerk reaction to regulations of all shapes and sizes. The position is sometimes attacked as overly simplistic, based upon an unjustified faith in markets, or just plain lazy. On this score, Don Boudreaux (Cafe Hayek, GMU) has a must-read ... "Let the Market Handle It"
Prince and NBA star in breach of contract/lease dispute
The Smoking Gun is reporting that Prince and Utah Jazz forward Carlos Boozer are involved in a property dispute over a leased West Hollywood mansion. Apparently, Prince performed unauthorized modifications to the property owned by the C Booz Multifamily I LLC. The suit alleges design updates including “painting the exterior of the [house] with purple ... Prince and NBA star in breach of contract/lease dispute
Venture Capital Pre-Emptive Financing
Today’s W$J has an article on venture capital “pre-emptive financing,� a term I had not heard before. As the article describes: Pre-emptive financing happens when a venture capitalist seeks out a promising start-up business and offers it money out of the blue, before the company tries to raise a second or third round of cash. ... Venture Capital Pre-Emptive Financing
Globetrotters Update
Sports Law Blog’s Michael McCann updates our recent discussion (me: here and here; and Professor McCann here) of the Harlem Ambassadors’ complaint to the FTC regarding the Globetrotters’ use of exclusivity windows in sports arena leases. In response to our debate, the Harlem Ambassadors’ founder and president Dale Moss emailed us some very interesting comments. ... Globetrotters Update
Splitting CEO and Board Chair Roles
According to a recent NYT article (click here), 29% of S&P 500 companies have split their CEO and Board Chair roles, up from 21% five years ago. The reasons for doing so are varied: Some, like Disney, were forced by shareholders to decouple the roles. Others, like Dell, did so to give a hard-working president ... Splitting CEO and Board Chair Roles
