The Archives

Everything written by Elizabeth Nowicki on law, economics, and more

The Speculation Economy (penned by GW Professor Larry Mitchell)

George Washington University Law School Professor Larry Mitchell’s new book, The Speculation Economy, is a worthwhile read, and anyone with an interest in corporate law, securities regulation, stock market evolution, the rise of big business, legal history, antitrust, and other related topics should consider putting the book on his or her holiday wish-list. More specifically, The ... The Speculation Economy (penned by GW Professor Larry Mitchell)

Five Affiliated Computer Services Directors Resign

The New York Times reports that five independent ACS directors have resigned, after the CEO seems to have demanded their resignations.  The resignations appear to hinge on the directors’ objections to the manner in which ACS Founder and Chairman Darwin Deason wanted to buy out ACS.  (The NYT article indicates Deason was trying to favor himself ... Five Affiliated Computer Services Directors Resign

Event Studies, Fischel, Bradley, and John Armstrong

I have long held reservations about corporate governance research that hinges on event studies.  (An event study is “an analysis of whether there was a statistically significant reaction in financial markets to past occurrences of a given type of event that is hypothesized to affect public firms’ market values.†An example of the sort of ... Event Studies, Fischel, Bradley, and John Armstrong

Clarence Thomas’s Grandfather

I would have to think long and hard about writing a book titled “My Grandfather’s Daughter.â€Â  If I wrote such a book, you see, I would feel compelled to do justice to the memory of my grandfather(s) with the book.  The book would need to be incredibly well-written, well-researched, and respectful, to reflect positively on ... Clarence Thomas’s Grandfather

Obnoxious, Disruptive, Worth a Debilitating Electrical Charge

Have any of you actually watched the video of the University of Florida student, Andrew Meyer, who was tasered (shocked with a stun gun that emits a “debilitating electrical charge“) by UF Police at a discussion with Senator John Kerry?  The student was asking a series of questions of Senator Kerry, and apparently the student ... Obnoxious, Disruptive, Worth a Debilitating Electrical Charge

Backdating stock options is a crime? Go figure.

Yesterday, Former Brocade CEO Steve Reyes was convicted of all criminal charges brought against him in the Brocade backdating scandal.  (The ten charges included fraud, conspiracy, lying to the SEC, falsifying books, etc.)  I am thrilled.  Professor Larry Ribstein is not. To remind you, backdating stock options basically means lying and maintaining that stock options ... Backdating stock options is a crime? Go figure.

Professor Trey Drury & Personal Liability for Directors

The Glom’s Junior Scholars Workshop, on Location, at TOTM.com: For the Conglomerate’s Annual Junior Scholars Workshop, I agreed to comment on a paper by Loyola University Professor Trey Drury that revisits director liability-limiting opt-in statutes such as DGCL Section 102(b)(7).  The title of the paper is “What’s the Cost of a Free Pass?  A Call ... Professor Trey Drury & Personal Liability for Directors

Coffeemaker Found. Time to Move On.

As some of you know, I have been visiting away this year.  First, Cornell.  Then, W&L.  Now I am packing to go off to Tulane (for good). I have thought a lot about blogging about the visiting process.  This was an amazing year, and I am grateful for having had the chance to visit away.  ... Coffeemaker Found. Time to Move On.

Notebooks/Laptops for the Professional Academic

I would be curious to know what laptops folks out there are using (with success).  I am shopping for a lightweight (lightweight!) laptop to tote around to conferences and such, and I have absolutely no clue where to start.  I do not use fancy stuff – just Word, Excel, Powerpoint.  And I refuse to use ... Notebooks/Laptops for the Professional Academic

Slopping Wordsmithing by the WSJ or Bad Corporate Governance?

As we know, News Corp. has made a bid for Dow Jone, offering $60/sh for the outstanding Dow Jones stock.  The Bancroft family, however, who controls at least a majority of the Dow Jones voting stock, has indicated clearly that it will not vote in favor of this offer, such that the offer, as it currently ... Slopping Wordsmithing by the WSJ or Bad Corporate Governance?

Dow Jones Board Action: Nice exam question

Does a bid for Dow Jones implicate Revlon duties?  Can a board “just say no”?  What if the Board says nothing, b/c they know a majority of their s/h will not vote for the acquisition?  This is the stuff good Corporations or M&A exam questions are made of.  Luckily, counsel to the Dow Jones Board must have paid ... Dow Jones Board Action: Nice exam question

SEC takes a bite of the Apple

Today, the SEC filed securities fraud charges against two former Apple senior executives for matters pertaining to Apple’s backdating scandal.  The SEC settled its claims against former Apple CFO Fred Anderson at the same time it filed suit.  Anderson will pay about $3.5 million in disgorgement and penalties.  Former Apple General Counsel Nancy Heinen did ... SEC takes a bite of the Apple