The Archives

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

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The Bidding War for Guidant

As most are probably aware, the ongoing bidding war for medical device manufacturer Guidant (GDT) was ratcheted even higher last Tuesday when Boston Scientific (BSI) topped J&J’s most recent bid of $71 a share with an aggressive bid of $80 a share. Within nine hours of receiving BSI’s bid, GDT’s board declared it a “Superior ... The Bidding War for Guidant

Should Lexis and Westlaw License Google PageRank?

A few days ago, I proposed an analogy between blog entries and law review articles. I noted that searching the blogosphere is similar to searching the law review databases in Lexis or Westlaw in the sense that search results of both types are largely content-driven rather than reputation-based. Only relevant content, not past popularity, can ... Should Lexis and Westlaw License Google PageRank?

An Antitrust Modernization Committee Update

For those of you who are not familiar with work of the Antitrust Modernization Committee, and I suspect that this includes most of our readers, the AMC was created by the Antitrust Modernization Committee Act of 2002, and is charged with the following tasks: (1) to examine whether the need exists to modernize the antitrust ... An Antitrust Modernization Committee Update

Google's resistance and corporate social responsibility

The government subpoenas Google’s records, and also Yahoo!’s and Microsoft’s. MSFT and YHOO cave: Their stocks are down a little over and a little under 2%, respectively. Google resists. Its stock drops almost 9%. And yet a headline for an article by MSNBC’s chief economics correspondent–with the relevant stock prices immediately alongside–notes, “Google stand could ... Google's resistance and corporate social responsibility

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?

In international blog news

First, Joel Trachtman of Tufts’ (great and soon-to-be better) Fletcher School has started up a new international trade blog, called International Economic Law and Policy. If you know anything about international trade law and/or economics, you know Joel Trachtman and thus you know that this will be a must-read. He has been joined at the ... In international blog news

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?