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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
SCOTUS (Almost) Nails Another One …
Another 8-0 antitrust decision from SCOTUS. Very interesting. For those of you who have not been following, the Court rejected the longstanding, but almost uniformly criticized, presumption that patents confer market power for the purpose of antitrust analysis. WSJ Law Blog sums up the facts here, concluding with a quote from Steve Sunshine that the ... SCOTUS (Almost) Nails Another One …
Liquid Splenda
This morning I purchased one ounce of liquid Splenda at this website for $18.00 (including shipping and handling). Apparently the stuff is in such short supply that it is only available for purchase three days a month (today is one of the days). Before buying, I checked eBay and found this listing for a gallon ... Liquid Splenda
The NYT Gets It Right on Outsourcing
On several occasions, I have posted entries criticizing editorials from the New York Times. To be fair, I suppose I should praise the Times when it gets things right — as it does with today’s editorial on the outsourcing of computing work. My only quibble is that the editorial fails to mention the fact that ... The NYT Gets It Right on Outsourcing
Bankruptcy versus Probate
I suppose that I ought to say something about the Anna Nicole Smith case that was argued today in the Supreme Court, given that I participated in the case (together with 14 other bankruptcy scholars) by filing an amicus brief on Anna Nicole’s side. For all the talk about how arcane the case is (see, ... Bankruptcy versus Probate
Hanno Kaiser's antitrust primer
While we’re on the topic of antitrust, I thought I would take this opportunity to draw our readers’ attention to a nice series of posts over at Antitrust Review. Collectively these posts make up the beginnings of an excellent primer on antitrust economics, told in Hanno Kaiser’s inimitable manner. I don’t agree with all of ... Hanno Kaiser's antitrust primer
