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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 $38 billion but less than a third of the buyout/mezzanine fund number. The big up tick on the buyout side ... Record Year for Private Equity Fundraising
On disclosure, a continuing series
We all know that our securities regulatory regime is predominantly a disclosure regime, meaning the regulators, for the most part, don’t impose substantive regulations on securities issuers, but require only accurate, timely disclosure of certain information. And as against a more intrusive, substantive regime, I think this is preferable, even in its current, fairly intrusive ... On disclosure, a continuing series
Alito and Antitrust (Part II)
A few weeks back, Josh had a nice post (on Ideoblog) regarding Judge Alito’s antitrust record. He was pretty optimistic, dismissing Judge Alito’s antitrust critics and concluding that “what little Judge Alito has written on antitrust issues is properly described as fastidious analysis complemented by strict application of doctrine.” Some of Judge Alito’s comments in ... Alito and Antitrust (Part II)
Executive Pay Rules to Move Forward
SEC commissioners voted unanimously yesterday to move forward with the new pay disclosure rules. Broc over at the Corporate Counsel blog has a great post (click here) detailing the proposal, including links to Chairman Cox’s opening statement and Commissioner Atkin’s statement.
Stealth Anti-Churning Measure?
The W$J had an article last week about a new rule under the Investment Advisers Act of 1940 that goes into effect on January 31, 2006 (click here for the article [$], here for a post on the W$J blog concerning the article, and here for the SEC adopting release). This posts takes a different ... Stealth Anti-Churning Measure?
Drugs and federalism
I’m no expert on the topic (I anxiously await Randy Barnett’s comments), but does anyone else think the opinion in Gonzales v. Oregon issued today (limiting the application of the Controlled Substances Act and upholding Oregon’s assisted suicide law) could have been a masterful dissent in Gonzales v. Raich (reading the Controlled Substances Act to ... Drugs and federalism
Blogs, Law Reviews, and the Economics of Superstars
Does the world really need yet another business law blog? Is the market for business law commentary truly underserved? Can a new blog like ours serve any useful purpose in a blogosphere already blessed with Bainbridge, Becker-Posner, Conglomerate, Ideoblog, 10b-5 Daily, and many other outstanding sites? While “no� might well be the answer to all ... Blogs, Law Reviews, and the Economics of Superstars
"TM"ing the Blogosphere
It looks like people take issue with our use of TM after our name and tagline. See Gordon’s post at the Conglomerate and this comment from Josh’s post: Great blog, but do you really want to trademark this: “Academic commentary on law, business, economics and moreâ€?? It’s tacky. There are millions of bloggers out there, ... "TM"ing the Blogosphere
A First Day Thought on "Truth on the Market"
I didn’t pick the name of this weblog, but I really like it. It encapsulates, I believe, much of what the blogosphere is about. As Bill noted, the truth-on-the-market defense essentially prevents a finding of securities fraud based on a defendant’s misstatement or omission if the truth has effectively entered the market. The doctrine thus ... A First Day Thought on "Truth on the Market"
