The Archives

The collection of all scholarly commentary on law, economics, and more

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The Perils(?) of Educating Judges on Economics

Yesterday’s New York Times editorialized on my favorite recent non-story — the one about Justice Scalia’s failure to attend the swearing-in ceremony of Chief Justice Roberts. C’mon guys. As lesser newspapers have already reported, Justice Scalia was in Colorado to teach a previously scheduled ten-hour seminar over two days. He received no honorarium for his ... The Perils(?) of Educating Judges on Economics

Disney/Pixar Deal and Omnicare

The Disney/Pixar deal is a hot topic in the blawgosphere (see, e.g., here, here, here and here), so I want to join in. I took a quick look at the transaction documents (they’re now available here on the SEC’s website) and noticed that Steve Jobs has executed a voting agreement (here) pursuant to which he ... Disney/Pixar Deal and Omnicare

Taking Maytag and Whirlpool to the cleaners

Christine blogs about the Whirlpool-Maytag merger and its antitrust problems. Law Blog has the story, as well. Both mention the American Antitrust Institute which opposes (vehemently) the merger. In fact, the AAI has never met a merger it didn’t find anticompetitive, so its opposition should be taken with a grain of salt. Then again, I’ve ... Taking Maytag and Whirlpool to the cleaners

Maybe Hamas ain't so bad

Prof. B. writes with pronounced skepticism of and hostility to Hamas’ recent Palestinian parliamentary victory here. He sees this as a “decisive victory by a terrorist organization hostile to both the US and Israel,” and asks why anyone thinks this would be a good thing. Well, he’s right as a banal descriptive matter (Hamas is, ... Maybe Hamas ain't so bad

Questionable Boston Scientific Press Release

This story in yesterday’s Boston Herald asserts that during the bidding war for Guidant between J&J and Boston Scientific (BSX), BSX “used highly questionable investment advice to swing the battle their way and give their stock a good ‘pop.’� Specifically, BSX put out a press release that quoted various Wall Street analysts endorsing the BSX ... Questionable Boston Scientific Press Release

The Ban on General Solicitation and Advertising

I blogged last week about the recommendations concerning Sarbanes-Oxley 404 adopted by the SEC Advisory Committee on Smaller Public Companies at a meeting on 12/14/05 (see here).  The transcript of the meeting is now available on the SEC’s website (click here).  Today I want to talk about a different recommendation adopted by the committee that ... The Ban on General Solicitation and Advertising

Nacchio’s Puzzling (Innovative?) Defense

An article in today’s W$J reports on former Qwest CEO Joseph Nacchio’s planned defense in a criminal insider trading action brought by the SEC. The defense is perplexing. The SEC has accused Nacchio of selling $101 million of Qwest stock while in possession of inside information that the firm wasn’t doing as well as its ... Nacchio’s Puzzling (Innovative?) Defense

Google Executive Compensation

In an SEC filing yesterday (click here), Google disclosed that in 2006 each of its top three executives, Eric Schmidt (CEO), Sergey Brin (President of Technology), and Larry Page (President of Products), will receive a base salary of $1.00, as they did in 2005. It’s not like they have historically gotten huge bonuses either. According ... Google Executive Compensation

Great. I'm dead, and they're talking about wheat.

Apologies for my relative absence of late: my day job, and all. I know my 3 loyal readers out there (hi Mom!) were wondering about me. Soon, I’ll post more of substance. Meantime, here’s a little chestnut for your bedtime reading pleasure, culled from an article in the Economist. I don’t regularly read the Economist. ... Great. I'm dead, and they're talking about wheat.

Harvey Pitt on Sarbanes-Oxley

Click here for a Forbes article by Harvey Pitt on Sarbanes-Oxley. Pitt was chairman of the SEC during the passage of SOX. The article is balanced. Pitt points out some benefits of SOX: The 2005 Oversight Systems Financial Executive Report on S-Ox surveyed more than 200 financial executives and found a significant majority believe that, ... Harvey Pitt on Sarbanes-Oxley

Proposed Executive Compensation Rules and Foreign Companies

This CFO.com article reports that foreign companies will be exempt from portions of the proposed SEC executive compensation rules (they will only have to report total compensation unless required to provide more disclosure in their home countries). The article characterizes this as a “small bone being thrown to foreign companies, . . .; many of ... Proposed Executive Compensation Rules and Foreign Companies

Correcting "The Ethicist" on Insider Trading

In yesterday’s New York Times Magazine, an anonymous reader posed the following question to The Ethicist: I am a subspecialty physician without primary responsibility for patients. I consulted on the care of the C.E.O. of a major company, the seriousness of whose illness was not being fully disclosed to shareholders. I own stock in this ... Correcting "The Ethicist" on Insider Trading