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Showing results for:  “digital markets act”

Venture Capital Pre-Emptive Financing

Today’s W$J has an article on venture capital “pre-emptive financing,� a term I had not heard before. As the article describes: Pre-emptive financing happens when a venture capitalist seeks out a promising start-up business and offers it money out of the blue, before the company tries to raise a second or third round of cash. ... Venture Capital Pre-Emptive Financing

Globetrotters Update

Sports Law Blog’s Michael McCann updates our recent discussion (me: here and here; and Professor McCann here) of the Harlem Ambassadors’ complaint to the FTC regarding the Globetrotters’ use of exclusivity windows in sports arena leases. In response to our debate, the Harlem Ambassadors’ founder and president Dale Moss emailed us some very interesting comments. ... Globetrotters Update

Splitting CEO and Board Chair Roles

According to a recent NYT article (click here), 29% of S&P 500 companies have split their CEO and Board Chair roles, up from 21% five years ago. The reasons for doing so are varied: Some, like Disney, were forced by shareholders to decouple the roles. Others, like Dell, did so to give a hard-working president ... Splitting CEO and Board Chair Roles

I look pretty young but I'm just backdated, yeah

The WSJ this weekend has a long piece on the issue of stock option backdating, “The Perfect Payday.” Here’s the tagline: Some CEOs reap millions by landing stock options when they are most valuable. Luck–or something else? It’s an interesting article, much of which is devoted to debunking the assertion that backdating of options grants ... I look pretty young but I'm just backdated, yeah

More on universities

My post on universities/Zittrain/Harvard generated an excellent comment from Mike Madison. Here is my comment to Mike’s post: I suppose at the end of the day and over a few glasses of scotch I would largely agree with your characterization of my position. I do believe that norms exist and can be beneficial, and that ... More on universities

What I Did on My Blog Vacation

So I’ve been a little absent from the blog lately. Sorry about that. I have a decent excuse. As our law prof readers know, but others might not, this is prime article submission season. The conventional wisdom is that it’s best your get your article into the hands of newly minted law review editors right ... What I Did on My Blog Vacation

Reimbursement Proposal for Short-Slate Proxy Contests

The American Federation of State, County and Municipal Employees (“AFSCMEâ€?) has submitted the following Rule 14a-8 proposal to American Express, Citigroup and Bank of New York (ht: Corporate Governance Blog): RESOLVED, that shareholders of ________ urge the board of directors (the “Board”) to amend the bylaws to provide procedures for the reimbursement of the reasonable ... Reimbursement Proposal for Short-Slate Proxy Contests

CBS v. Howard Stern Complaint

Courtesy of ContractsProf Blog, here is what purports to be a copy of the elusive complaint in CBS v. Howard Stern. ContractsProf Blog includes the following disclaimer regarding the authenticity of the complaint: I obtained the complaint through someone who chooses to remain anonymous, who claims she obtained it simply by emailing the guys at ... CBS v. Howard Stern Complaint

SEC to Consider Expanded Preemption of Blue Sky Registration Requirements

In 1996, Congress passed the National Securities Markets Improvement Act, which, among other things, amended Section 18 of the ’33 Act to provide that no state law, rule, regulation or order “requiring, or with respect to, registration or qualification of securities, or registration or qualification of securities transactions, shall directly or indirectly apply to a ... SEC to Consider Expanded Preemption of Blue Sky Registration Requirements

Call for Papers: AALS Section on Securities Regulation

AALS SECTION ON SECURITIES REGULATION CALL FOR PAPERS FOR JANUARY 2007 ANNUAL MEETING The AALS Section on Securities Regulation will hold its seventh meeting during the AALS Annual Meeting in San Francisco, California from January 3-6, 2007. (The Section meeting is tentatively scheduled for Saturday, January 6, 2007). The Executive Committee invites submissions of abstracts ... Call for Papers: AALS Section on Securities Regulation

On disclosure: Shame?

Daniel Akst in the NYT has an interesting piece on executive compensation and disclosure (HT: Tyler Cowen). He calls for more shame — more reliance on norms to manage intractable agency problems: Although more disclosure and pay-for-performance requirements won’t dampen runaway C.E.O. compensation, both are useful for illustrating a larger lesson: that it’s naïve to ... On disclosure: Shame?

Oxley & Baker: SEC Can Exempt Small Cos. from Sarbanes-Oxley 404

According to BNA, in a 3/2/06 letter to the SEC, Reps. Oxley and Baker stated that in their view the SEC does have the authority under both Section 36(a) of the Exchange Act and Section 3(a) of SOX to exempt small companies from SOX 404 (see my post on this argument here). I guess that ... Oxley & Baker: SEC Can Exempt Small Cos. from Sarbanes-Oxley 404