The Latest

The most recent scholarly commentary on law, economics, and more

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?

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)