Showing archive for: “Corporate Governance”
Illinois Corporate Colloquium: Krawiec on Narratives of Corporate Board Diversity
Each fall I invite leading corporate scholars to present and discuss their recent work to faculty and students in the Illinois Corporate Colloquium. I plan to discuss these papers here on TOTM. This semester we started with Kim Krawiec (Duke) and her paper (with Lissa Broome and John Conley), Dangerous Categories: Narratives of Corporate Board ... Illinois Corporate Colloquium: Krawiec on Narratives of Corporate Board Diversity
The SEC takes heat over the Goldman suit
Per the WSJ, the SEC’s internal watchdog told the Senate Banking Committee that the SEC’s suit against Goldman was a “suspicious” attempt to “to distract attention from a report criticizing the SEC for failing to detect an alleged Ponzi scheme.” It’s not like I’m surprised. Here’s my criticism of the suit and the settlement. The only ... The SEC takes heat over the Goldman suit
Top Ten Books in Corporate Law (Practitioner)
My previous post listing my favorite books in corporate governance turned out to be fairly popular. A few readers suggested however that my list contained few books that a practitioner would find useful in day to day practice. I don’t know whether that’s true, but I will accept that my list had an academic focus. ... Top Ten Books in Corporate Law (Practitioner)
Love, marriage and firms
I’ve been working on the relationship between family law and business associations. My current paper, discussed here, shows why business association standard forms may be inappropriate for domestic relationships. Another question regarding the relationship between families and firms concerns the extent to which the family is a substitute for the firm as a business organization ... Love, marriage and firms
The dregs of the Enron case
The government finally dropped its prosecution of Nigerian Barge defendant James A. Brown. Here’s part of the WSJ story by John Emshwiller: At the 2004 trial, prosecutors alleged that Enron’s sale of an interest in three power-producing barges, located off the coast of Nigeria, to Merrill was a sham that allowed the energy company to ... The dregs of the Enron case
Coase and the 800 Pound Man
Ronald Coase has been on my mind quite a bit lately. His ideas have made a couple of recent appearances in my business organizations class. As I’ve explained before, we spend the first day of Bus Orgs contrasting F.A. Hayek’s The Use of Knowledge in Society, which argues that central planning is destined to fail because planners cannot gather ... Coase and the 800 Pound Man
The Supreme Court and mutual funds @ Cato
I’ll be helping Cato celebrate Constitution Day and the soon-to-be-published edition of their latest Supreme Court Review with my contribution on last term’s Jones v. Harris: Federal Misgovernance of Mutual Funds. See Walter Olson’s summary of the panel on the business cases. Here’s the abstract of my paper: In Jones v. Harris Associates, the Supreme ... The Supreme Court and mutual funds @ Cato
The Audacity of Nope
Please note that the following post is a bit off-topic for this blog and represents my own opinion only, not that of any of my co-bloggers. But, hey, it’s Saturday. For the past 599 days, we’ve had a talented young Democratic President and Democratic majorities in both the U.S. House of Representatives and the U.S. ... The Audacity of Nope
Did Ellison buy HP information?
Some are saying that Larry Ellison is putting his money where his mouth is. He loudly defended Mark Hurd after his firing by HP, and now he’s hired the guy. Here’s the WSJ story. Maybe there’s more to this. HP and Oracle are competing over database products, and are making acquisitions in similar areas, such ... Did Ellison buy HP information?
Judicial dissolution of LLCs and the operating agreement
The ever helpful Francis Pileggi brings us news of the Delaware Chancery Court’s recent decision in Lola Cars International Ltd. v. Krohn Racing, LLC, which refused after trial to dissolve an LLC under Delaware §18-802. As I discussed last December, the court previously denied a motion to dismiss the dissolution complaint. I then noted that ... Judicial dissolution of LLCs and the operating agreement
The SEC vs. shareholders
One of the great myths about the SEC’s new proxy access rule is that it is pro-shareholder, or at least gives new clout to shareholders. This is simply wrong, since the SEC evidently did not intend to help shareholders, or at least anything like a significant fraction of the universe of shareholders, and almost certainly ... The SEC vs. shareholders
Proxy access arrives. Now what?
Here’s the SEC’s release, its summary and another one by Lisa Fairfax. As I’ve said, “peek behind the “shareholder democracy” rhetoric and we see * * * federal control of corporate law [and] turning corporate governance into a political battle between unions and managers.” As for the federal takeover, the SEC’s adopting release says We ... Proxy access arrives. Now what?
