Showing archive for: “Corporate Governance”
LLCs vs. corporations: explaining state variations in formations
The literature on the state “market” for LLC law is growing. Bruce Kobayashi and I published what I would modestly call the leading study (K & R) on jurisdictional competition for LLCs. There is also an unpublished study to which our article is in part a response by Dammann & Schündeln (D & S). Now there’s ... LLCs vs. corporations: explaining state variations in formations
Bainbridge’s e-book experiment
Steve Bainbridge is offering his new book, Directors as Auctioneers: A Concise Guide to Revlon-Land, as a Kindle eBook. Here’s his discussion of the book and of his decision to go the e-book route. I’ve bought it already and presumably will have it when I turn my Kindle on. Steve’s reasoning is plausible: he gets ... Bainbridge’s e-book experiment
Hot off the press: Fencing Fiduciary Duties
My article, Fencing Fiduciary Duties, has just appeared in a B.U. Law Review symposium. Here’s the abstract: This comment on the work of Professor Tamar Frankel builds on her encyclopedic discussion of the various types of duties that have been classified as “fiduciary.” I argue for a more precise definition and more limited application of ... Hot off the press: Fencing Fiduciary Duties
It’s baaack: The Shareholder Protection Act
The Shareholder Protection Act been reintroduced in Congress, and Lucian Bebchuk still likes it. He and Robert Jackson wrote an article defending the basic idea, which Bebchuk describes as to “establish special corporate-governance rules for deciding when corporate resources may be spent on politics.” He admits “the bill is unlikely to be adopted during this ... It’s baaack: The Shareholder Protection Act
Morgenson’s DPA scandal
It’s not easy coming up with scandals all the time. Some days there just isn’t a new scandal to report. But that space has to get filled somehow. The NYT’s Gretchen Morgenson often finds herself in this position. Her scandal for yesterday, reported as usual with Louise Story (I’ll just start calling them Morgenstory), was about ... Morgenson’s DPA scandal
Banning Executives
From the WSJ: The Department of Health and Human Services this month notified Howard Solomon of Forest Laboratories Inc. that it intends to exclude him from doing business with the federal government. This, in turn, could prevent Forest from selling its drugs to Medicare, Medicaid and the Veterans Administration. If the government implements its ban, ... Banning Executives
DSK and media bias
Bret Stephens wonders why he and fellow journalists ignored the fact that “[a]lmost from the beginning, there was something amiss in the case of People v. Dominique Strauss-Kahn.” He speculates: I did enjoy the thought of this mandarin of the tax-exemptocracy being pulled from the comfort of his first-class Air France seat and dispatched to ... DSK and media bias
Ribstein & Lipshaw Unincorporated Business Entities 2011 Supplement
The 2011 Supplement to Ribstein & Lipshaw, Unincorporated Business Entities (4th Edition) is now available in Word and Pdf. It will be posted on the Lexis website in the next couple of weeks. If you want to teach the law of business associations as many of your students will actually be practicing it — the cutting ... Ribstein & Lipshaw Unincorporated Business Entities 2011 Supplement
Strauss-Kahn saved by Brady
From the White Collar Crime Blog: Dominique Straus-Kahn has received from the district attorney what most defendants never get — early Brady material. * * * The District Attorney should be commended for the early disclosure of the purported victim’s credibility problems. I cannot help wonder, however, whether such disclosure would have been made — ... Strauss-Kahn saved by Brady
Law schools as borscht
Zillions have linked to and millions have commented on the NYT Economix blog post on the supposed lawyer surplus. Here are some further thoughts on the “lawyer glut” and its implications for legal education. To begin with, the NYT numbers are unreliable. They ignore, among other things, the facts that people take multiple bars, and that ... Law schools as borscht
The return of privlic equity
It’s been over four years since the heyday of the last boom when I first discussed what I called “privlic equity” in an article about Blackstone’s proposed IPO. So here we are post-bust, and according to the WSJ, they’re baack: Apollo Global Management LLC became a public company in late March. Last year, KKR & ... The return of privlic equity
Ralph Nader, investor
So how is Ralph Nader, the former scourge of GM and all things corporate, doing with his retirement fund? The WSJ takes a peak: In 2000, his Cisco stake was valued at $1 million, about one-third of his $3 million portfolio. As Cisco’s share price swooned in the years that followed, it has represented a ... Ralph Nader, investor
