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
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
Blogroll Addition Notwithstanding Lawsuit Threat
I’ve added the AtlanticBlog to our blogroll. For those of you unfamiliar with it, it’s where another Bill Sjostrom (an American economist living and working in Ireland), provides thoughts on politics, economics and the culture. He has, however, threatened to sue me for trademark infringement and trespassing (see this post at his blog). I’ve nonetheless ... Blogroll Addition Notwithstanding Lawsuit Threat
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
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
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 $38 billion but less than a third of the buyout/mezzanine fund number. The big up tick on the buyout side ... Record Year for Private Equity Fundraising
Executive Pay Rules to Move Forward
SEC commissioners voted unanimously yesterday to move forward with the new pay disclosure rules. Broc over at the Corporate Counsel blog has a great post (click here) detailing the proposal, including links to Chairman Cox’s opening statement and Commissioner Atkin’s statement.
Stealth Anti-Churning Measure?
The W$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?
"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
