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Group Blog Agreement
Here at Truth on the Market, we’ve already broken a cardinal rule (at least a cardinal rule among transactional attorneys)—we’ve commenced a relationship (this blog) prior to finalizing the governing document. In fact, we haven’t even talked about a governing document, although I’ve given it some thought. One of the reasons for this is that ... Group Blog Agreement
If government is the problem, when is Google the solution?
Via the WSJblog, I see that Google and the government are tangling again over the government’s effort to obtain search records (this time relating to porn-viewing-by-children enforcement efforts) (I guess that should read anti-porn-viewing-by-children enforcement efforts). It reminds me of a post of Dan’s on Concurring Opinions from a while back that I wanted to ... If government is the problem, when is Google the solution?
Intel Adopts True Majority Voting Standard
Following up on yesterday’s post Majority Voting for Directors, Intel announced yesterday that it adopted a true majority voting standard. Click here for the press release. Broc at the Corporate Counsel blog has more details. It will be interesting to see if other companies follow.
Sarbanes-Oxley: Linux Users Beware
As you may have guessed from my previous posts, I’m not a big fan of Sarbanes-Oxley, so I generally appreciate the criticism it receives. Some of the criticism, however, is almost comical. Take for example Steve Ballmer’s statement last month: ”The Ballmer children do not have their Xbox 360 yet…Thanks to the wonders of Sarbanes-Oxley, ... Sarbanes-Oxley: Linux Users Beware
Is the Hedge Fund Boom Over?
This Business Week article reports that net inflows of money into hedge funds have dried up, performance has lagged the broader market (although several commenters take issue with the index used for comparison), and 484 funds, more than 6% of the total, have shut down during the first three quarters of 2005 (data for the ... Is the Hedge Fund Boom Over?
Cumulative Voting for Directors
While working on my last post, I discovered that Hewlett-Packard’s certificate of incorporation provides for cumulative voting in the election of directors. This made me curious as to how many other public companies have cumulative voting so I googled it. I came up with this article which says about 10% of the companies in the ... Cumulative Voting for Directors
Coase and Smoking: Who’s the Victim Here?
Today’s New York Times reports on a new cigarette bar in Chicago, where the city council has just imposed a sweeping smoking ban. (I recently criticized the ban at Ideoblog.) The proprietors of the Marshall McGearty Tobacco Lounge insist that the lounge is permitted because of a loophole allowing smoking in retail tobacco shops. Not ... Coase and Smoking: Who’s the Victim Here?
Majority Voting For Directors
According to this SocialFunds.com article, the hot issue with activist shareholders for the upcoming proxy season is majority voting for the election of directors. ISS estimates that shareholder proposals for the adoption of majority voting will be submitted to over 100 companies (up from 79 last year). These proposals generally call for a bylaw amendment ... Majority Voting For Directors
Of Prices and Price Gouging
Price gouging regulations (PGRs) have been a popular topic of late in the blogosphere, particularly in the wake of increased post-Katrina (and Rita) gasoline prices. Becker and Posner make the now familiar economic case against PGRs here and here. The basic economic argument against PGRs is well tread ground which I will not repeat here. ... Of Prices and Price Gouging
So it's to be double secret trademark protection, then
The People have spoken and we, being weak-willed saps craving of the People’s attention, have caved to their demands. I know — many of you are in the silent minority (majority?) who really liked seeing all those little TMs all over our blog. You have been railroaded like us by this corner of the Internet’s ... So it's to be double secret trademark protection, then
Record Year for Private Equity Fundraising
According to this report, buyout/mezzanine funds raised $86.2 billion in 2005, a new record. In 2004 they raised $25.2 billion. Venture funds raised $25.2 billion in 2005, the highest level since 2001 when they raised $38 billion but less than a third of the buyout/mezzanine fund number. The big up tick on the buyout side ... Record Year for Private Equity Fundraising
On disclosure, a continuing series
We all know that our securities regulatory regime is predominantly a disclosure regime, meaning the regulators, for the most part, don’t impose substantive regulations on securities issuers, but require only accurate, timely disclosure of certain information. And as against a more intrusive, substantive regime, I think this is preferable, even in its current, fairly intrusive ... On disclosure, a continuing series
