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"Hofstra-gate?" Revisited
Matt Bodie, of Hofstra and Prawfsblawg, is “a little outraged” at the NCAA tournament selection committee’s failure to invite Hofstra to the big dance. But what really gets Matt is that: George Mason, a team that Hofstra beat twice, is going instead. George Mason had a slightly tougher out of conference schedule, but it has ... "Hofstra-gate?" Revisited
NYSE Files Registration Statement
As expected, NYSE Group filed an S-1 registration statement today for the resale of shares received by former seat-holders in the NYSE/Archipelago merger that closed last week. The registration statement is for $100 million of common stock but according to this article, the amount will likely be revised upward. The NYSE will not receive any ... NYSE Files Registration Statement
What I Did on My Blog Vacation
So I’ve been a little absent from the blog lately. Sorry about that. I have a decent excuse. As our law prof readers know, but others might not, this is prime article submission season. The conventional wisdom is that it’s best your get your article into the hands of newly minted law review editors right ... What I Did on My Blog Vacation
Reimbursement Proposal for Short-Slate Proxy Contests
The American Federation of State, County and Municipal Employees (“AFSCMEâ€?) has submitted the following Rule 14a-8 proposal to American Express, Citigroup and Bank of New York (ht: Corporate Governance Blog): RESOLVED, that shareholders of ________ urge the board of directors (the “Board”) to amend the bylaws to provide procedures for the reimbursement of the reasonable ... Reimbursement Proposal for Short-Slate Proxy Contests
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
