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Showing results for:  “digital markets act”

The costs and benefits of hedge fund disclosure

The WSJ reports on proposed rules forcing hedge funds to disclose confidential proprietary information: Under current rules, many managers are required each quarter to publicly disclose their long equity positions in public securities. The proposed rules would require a much greater level of disclosure to regulators about trading positions, counterparties, liquidity, leverage and performance. * ... The costs and benefits of hedge fund disclosure

The SEC’s accounting problems

The SEC is charged with the responsibility of making sure that companies that are raising money tell the whole truth about their finances. But the NYT reports that the SEC, which is seeking money from Congress, is having problems with disclosing its own finances:  Last November, the G.A.O. said that the commission’s books were in ... The SEC’s accounting problems

The SEC, the First Amendment and general solicitation

Attorney Joseph McLaughlin (whose firm represents Goldman) writes in today’s WSJ about the approaching confrontation between the SEC and the First Amendment over the issue of general solicitation:  Goldman Sachs stated that it wouldn’t offer Facebook shares to U.S. customers because “the level of media attention might not be consistent with the proper completion of ... The SEC, the First Amendment and general solicitation

Airgas and shareholder value

Bebchuk, Cohen and Wang have posted Staggered Boards and the Wealth of Shareholders: Evidence from a Natural Experiment.  Here’s the abstract: While staggered boards are known to be negatively correlated with firm valuation, such association might be due to staggered boards either bringing about lower firm value or merely being the product of the tendency ... Airgas and shareholder value

Packers, LLC?

Just in time for the Super Bowl the New Yorker writes about the non-profit Packers — the only NFL team organized in this form.  The argument for the NFL rule barring anymore non-profits is that it takes a lot of money to run an NFL franchise.  But the article says Green Bay stands as a ... Packers, LLC?

Epstein on Obama at U of C

It’s pretty hard to cycle through the University of Chicago Law School (or at least it used to be back when I was a student) without gaining an appreciation for the extent to which markets, while subject to occasional failures, enhance human welfare by channeling resources to their highest and best ends. It’s also hard ... Epstein on Obama at U of C

GMU Law & Economics Center Workshop on Empirical and Experimental Methods for Law Professors

Details are available here.  It should be an excellent program and I’m very pleased to be a part of it.  If you are a law professor and interested, but have questions, please don’t hesitate to contact me.   The link for applications is below. Location: George Mason University School of Law | Event Date: Monday, May ... GMU Law & Economics Center Workshop on Empirical and Experimental Methods for Law Professors

The Illinois supremes’ bare-knuckled opinion

A couple of days I noted: The majority opinion in the appellate court makes a pretty good case that (1) even if Emanuel’s a legal resident for voting purposes he has not physically resided in Chicago for the last year, as the statute arguably requires of candidates; and (2) the exception for service to the ... The Illinois supremes’ bare-knuckled opinion

Delaware uncorporate law evolves an escape from Dodd-Frank

It’s been interesting to watch uncorporations (particularly LLCs and limited partnerships) evolve over the last twenty years or so.  Perhaps the most interesting aspect of this evolution is what’s been happening in Delaware regarding contracting over fiduciary duties.  This is particularly intriguing because it concerns a key area of difference between corporations and uncorporations — ... Delaware uncorporate law evolves an escape from Dodd-Frank

Does the Voluntary Industry “Agreement” to Ban Phosphates in Dishwasher Detergents Violate Section 1?

Apparently, the detergent industry has entered into what has been described as a “voluntary agreement” to reduce the use of phosphates in detergents (HT: Ted Frank).  A press release from Clean Water Action describes the agreement as follows: On July 1, 2010 a voluntary ban on phosphates in dishwasher detergents will be implemented by many ... Does the Voluntary Industry “Agreement” to Ban Phosphates in Dishwasher Detergents Violate Section 1?

The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption

Along with co-author Judd Stone, I’ve posted to SSRN our contribution to the Review of Industrial Organization‘s symposium on the 2010 Horizontal Merger Guidelines — The Sound of One Hand Clapping: The 2010 Horizontal Merger Guidelines and the Challenge of Judicial Adoption. The paper focuses on the Guidelines’ efficiencies analysis.  We argue that while the ... The Sound of One Hand Clapping: The 2010 Merger Guidelines and the Challenge of Judicial Adoption

Delaware for Small Fry: Jurisdictional Competition for Limited Liability Companies

My article with Bruce Kobayashi, previously available as a working paper, has just been published in 2011 University of Illinois Law Review 91 with the above new title .  The published version has been posted on SSRN. Here’s the revised abstract: Most of the work on jurisdictional competition for business associations has focused on publicly ... Delaware for Small Fry: Jurisdictional Competition for Limited Liability Companies