Showing archive for: “Financial Regulation”
So What’s Going to Happen to Securities Fraud Class Actions? Some Thoughts on Halliburton
On Wednesday, the U.S. Supreme Court heard oral argument in Halliburton v. Erica P. John Fund, a case that could drastically alter the securities fraud landscape. Here are a few thoughts on the issues at stake in the case and a cautious prediction about how the Court will rule. First, some quick background for the ... So What’s Going to Happen to Securities Fraud Class Actions? Some Thoughts on Halliburton
Senator Markey’s Do Not Track Kids Act of 2013 Raises the Question: What’s the Point of COPPA?
The Children’s Online Privacy Protection Act (COPPA) continues to be a hot button issue for many online businesses and privacy advocates. On November 14, Senator Markey, along with Senator Kirk and Representatives Barton and Rush introduced the Do Not Track Kids Act of 2013 to amend the statute to include children from 13-15 and add ... Senator Markey’s Do Not Track Kids Act of 2013 Raises the Question: What’s the Point of COPPA?
The Supreme Court upholds freedom of contract in American Express v Italian Colors Restaurant
[The following is a guest post by Thomas McCarthy on the Supreme Court’s recent Amex v. Italian Colors Restaurant decision. Tom is a partner at Wiley Rein, LLP and a George Mason Law grad. He is/was also counsel for, among others, Petitioner Abigail Fisher in Fisher v. University of Texas Petitioner Shelby County, Alabama in Shelby County v. Holder Respondent ... The Supreme Court upholds freedom of contract in American Express v Italian Colors Restaurant
Good News for the SEC? Bad News for Markets
The Securities and Exchange Commission (SEC) recently scored a significant win against a Maryland banker accused of naked short-selling. What may be good news for the SEC is bad news for the market, as the SEC will now be more likely to persecute other alleged offenders of naked short-selling restrictions. “Naked” short selling is when ... Good News for the SEC? Bad News for Markets
Section 5 of the FTC Act and monopolization cases: A brief primer
In the past two weeks, Members of Congress from both parties have penned scathing letters to the FTC warning of the consequences (both to consumers and the agency itself) if the Commission sues Google not under traditional antitrust law, but instead by alleging unfair competition under Section 5 of the FTC Act. The FTC is rumored to be ... Section 5 of the FTC Act and monopolization cases: A brief primer
GMU Law & Economics Center Presents “Unlocking the Law: Building on the Work of Professor Larry Ribstein”
I’m very pleased to announce the George Mason Law & Economics Center is hosting a program focusing on our friend and colleague Larry Ribstein’s scholarship on the market for law. Henry Butler and Bruce Kobayashi have put together a really wonderful program of folks coming together not to celebrate Larry’s work — but to ... GMU Law & Economics Center Presents “Unlocking the Law: Building on the Work of Professor Larry Ribstein”
Contemplating Disclosure-Based Insider Trading Regulation
TOTM friend Stephen Bainbridge is editing a new book on insider trading. He kindly invited me to contribute a chapter, which I’ve now posted to SSRN (download here). In the chapter, I consider whether a disclosure-based approach might be the best way to regulate insider trading. As law and economics scholars have long recognized, informed stock trading may create both harms and benefits ... Contemplating Disclosure-Based Insider Trading Regulation
Wise and Timely Counsel from John Taylor, F.A. Hayek, and Reagan’s Economic Advisers
In light of yesterday’s abysmal jobs report, yesterday’s Wall Street Journal op-ed by Stanford economist John B. Taylor (Rules for America’s Road to Recovery) is a must-read. Taylor begins by identifying what he believes is the key hindrance to economic recovery in the U.S.: In my view, unpredictable economic policy—massive fiscal “stimulus” and ballooning debt, the Federal ... Wise and Timely Counsel from John Taylor, F.A. Hayek, and Reagan’s Economic Advisers
From the Thursday May 24 Wall Street Journal
In criticizing Governor Romney’s involvement with Bain Capital, President Obama commented both on private equity and on profit maximization. Most of the comments I have seen dealt with the private equity. I thought a comment on profit maximization was important as well. OPINION Updated May 23, 2012, 7:51 p.m. ET A Tutorial for the President ... From the Thursday May 24 Wall Street Journal
Potential Problems with an FDA Model for Regulating Financial Products
New York Times columnist Gretchen Morgenson is arguing for a “pre-clearance” approach to regulating new financial products: The Food and Drug Administration vets new drugs before they reach the market. But imagine if there were a Wall Street version of the F.D.A. — an agency that examined new financial instruments and ensured that they were safe and ... Potential Problems with an FDA Model for Regulating Financial Products
Collective Moral Hazard, Maturity Mismatch, and Systemic Bailouts
That’s the title of an interesting article by Emmanuel Farhi and Jean Tirole in the current issue of the American Economic Review. Here’s the abstract (emphasis added): The article shows that time-consistent, imperfectly targeted support to distressed institutions makes private leverage choices strategic complements. When everyone engages in maturity mismatch, authorities have little choice but ... Collective Moral Hazard, Maturity Mismatch, and Systemic Bailouts
FTC Mobile Payments Workshop on April 26, 2012
The Federal Trade Commission conference announcement is below; note that public comments on the date of the conference. This is an important space and should attract some excellent speakers. The topics suggest a greater focus on consumer protection than competition issues. Here is the announcement: The Federal Trade Commission will host a workshop on April ... FTC Mobile Payments Workshop on April 26, 2012
