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Corporate & Securities Law

Business Law Prof Blog

Business law resources, information, and news for the academic community

Post Frequency: 11.8/day

Last Entry: April 01, 2011 at 11:04:42

Today is the day (maybe)...

Posted on July 12, 2010
...that the Senate finally approves financial reform (possibly). The move would end uncertainty over new regulations as old as the Crisis itself. Unless political forces work to further delay the President's signature. Sadly, somehow lost in all the lobbying, jockeying...

Hylton and Lin on Comparative Antitrust Law

Posted on July 12, 2010
Keith N. Hylton and Haizhen Lin have posted American and European Monopolization Law: A Doctrinal and Empirical Comparison on SSRN with the following abstract: This paper focuses on the differences between Article 82 and Section 2, reflecting largely on the...

BP's New Cap: A Better Solution or Flirting with Disaster?

Posted on July 12, 2010
BP has begun implementing a new process to stop the oil leak more completely. This process involved removing the old cap, which is allowing even more oil to spill into the Gulf, then replacing the old one with a new...

Scienter Versus the Intent to Violate Accounting Rules

Posted on July 10, 2010
The Wall Street Journal has an article today headlined "BofA Admits Hiding Debt." In the light of my first reading of the article, it sounds like Bank of America engaged in transactions similar to Lehman's "Repo 105" transactions. The bank...

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The More Ruthless Rich

Posted on July 09, 2010
The New York Times reports that one in seven homes with mortgages of $1 million or more is in default, while that is true of only one in twelve homes with mortgages of less than $1 million. Because of this...

Aronson on Corporate Governance

Posted on July 09, 2010
Bruce E. Aronson has posted Learning from Toyota?s Troubles: Board Oversight and the Debate on Board Structure and Director Independence in Japan on SSRN with the following abstract:This Article considers the potential significance of Toyota?s recent troubles for Japanese corporate...

Kerhuel on Corporate Acquisitions

Posted on July 09, 2010
Anne-Julie Kerhuel has posted Conflict-of-Law Rules in Conflict and Competition with Substantive Law Rules: The Case of Corporate Acquisitions (La Cession De Contr�le En Droit International Priv�) on SSRN with the following abstract: Suppose that a citizen of UK and...

Bainbridge on Insider Trading

Posted on July 08, 2010
Stephen M. Bainbridge has published Insider Trading Inside the Beltway on SSRN with the following abstract: A 2004 study of the results of stock trading by United States Senators during the 1990s found that that Senators on average beat the...

Markham on the Financial Crisis

Posted on July 08, 2010
Jesse W. Markham Jr. has published Lessons for Competition Law from the Economic Crisis: The Prospect for Antitrust Responses to the 'Too-Big-To-Fail' Phenomenon on SSRN with the following abstract: This article explores the failure of antitrust law to prevent or...

Anderson on Financial Regulatory Reform

Posted on July 08, 2010
Kenneth Anderson has published Do Lawyers and Law Professors Have Any Comparative Advantages in Opining on Financial Regulation Reform? A Brief Essay on SSRN with the following abstract: This short (4,500 word) essay addresses a worry sometimes at the back...

Pasquale on "The End of the Free Market"

Posted on July 08, 2010
Frank Pasquale reviews Ian Bremmer's book, "The End of the Free Market: Who Wins the War Between States and Corporations?," here. Scandalously, Pasquale suggests we may be able to learn something from the way China runs its economy. SJP

Will BP and Bankers Love LeBron?

Posted on July 08, 2010
How can they not love anyone who distances them from "Public Enemy Number One" status? Truth on the Market has more here. SJP

Pricing the (Maybe) Biggest IPO, Plus KKR Goes Public

Posted on July 07, 2010
The Agricultural Bank of China is now public. The bank raised more than $19 billion from stock sales and could earn more than $22 billion, which would make it the largest IPO ever completed. (The largest to date is the...

A need for wiretaps?

Posted on July 06, 2010
At a 1989 training conference sponsored by the SEC, we young NYSE regulators were advised by one speaker to "ask the ultimate question." Young, green, and overly optimistic about the coercive power of a formal investigation, we were thus encouraged...

A need for wiretaps?

Top Job Salaries

Posted on July 05, 2010
With all the talk about say on pay for public companies and salaries at large investment banks, executive salaries have been getting a fair amount of scrutiny in the recent past. But what about top politicians? The Economist has an...

Of Market Brakes, Large and Small

Posted on July 05, 2010
The current SEC emphasis on stock-by-stock circuit breakers seems to have rendered obsolete the false sense of security from that much-publicized remedy of the 1980s, the exchange-wide circuit breaker. For a summary of the rules governing the new, individual stock...

Feinberg on the Legal Profession in China

Posted on July 04, 2010
Gary Feinberg has posted The Professional Model of Law vs. The Business Model of Law: A Critical View of Opposing Trends in the United States and the People's Republic of China on SSRN with the following abstract: This study begins...

Liberty and the Inherent Tension Between Freedom and Power

Posted on July 03, 2010
This past week I received a wonderful gift from my 19-year-old son, Justin. He remastered an old acoustic track I'd laid down over 10 years ago, of a song I'd written over 20 years ago. The track is entitled "Tiananmen...

Delaware Courts Reaffirm Old Axiom: Read the Settlement

Posted on July 02, 2010
In June, Vice Chancellor Strine wrote an opinion in Cambridge North Point LLC v. Boston and Maine Corporation, which reaffirmed what I hope most lawyers still remember: you need to read each draft of your documents. The gist of the...

Loza on Entrepreneurship

Posted on July 02, 2010
Emile Loza has posted An Empirical Analysis of U.S. Supreme Court Usages of 'Entrepreneur' Informed by Economics, Multidisciplinary Studies, and Innovation Practice: Meaning and Characterization Toward a Theory of Entrepreneurship Law on SSRN with the following abstract: Although other academies...

Trachtman on Financial Crisis

Posted on July 02, 2010
Joel P. Trachtman has posted The International Law of Financial Crisis: Spillovers, Subsidiarity, Fragmentation, and Cooperation on SSRN with the following abstract: This article develops an analytical template for examining the future of international financial crisis avoidance and management, focusing...

SCOTUS: "a good friend to business"

Posted on July 01, 2010
Larry Ribstein commends the Supreme Court for standing behind business while the rest of the country seemingly tears its hair out over the abuses of corporate power and its consequences. Of course, it's not like no one saw this coming....

MoveOn.org's "Top 10 Corporate Outrages"

Posted on July 01, 2010
MoveOn.org sent me their list of the Top 10 Corporate Outrages. I thought the list might be of interest to our readers, so here it is: 1. Exxon Mobil made millions in profits, and yet paid not one dime in...

Rose on Risk Regulation

Posted on June 30, 2010
Paul Rose has posted Regulating Risk by 'Strengthening Corporate Governance' on SSRN with the following abstract: This paper, presented at the ?Regulating Risk? symposium at the University of Connecticut School of Law, April 16, 2010, briefly reviews the connection between...

Loza on Entrepreneurship

Posted on June 30, 2010
Emile Loza has posted The Entrepreneurship Crisis: The Urgent Need for a Comprehensive Innovation Policy on SSRN with the following abstract: More than small business ownership, entrepreneurship means innovation. The world?s leading corporations endlessly hunger for innovation to sustain and...

Suarez on Bilski

Posted on June 30, 2010
Roberto Manuel Suarez has posted Business Methods and Patent-Eligible Subject Matter in Light of Bilski v. Kappos on SSRN with the following abstract: The legal, business, and scientific communities eagerly await the Supreme Court?s ruling in Bilski v...

A "New" Risk to Markets: Inebriated Exuberance

Posted on June 30, 2010
A British financial regulator recently revealed that a U.K. oil trader pushed oil prices up $1.65 per barrel in a little over two hours of trading while he was drunk. He also apparently lost his firm $10 million. This story...

The (Slightly) Flawed PCAOB

Posted on June 29, 2010
Yesterday, the Supreme Court handed down a provocative 5-4 decision in Free Enterprise Fund v. Public Company Accounting Oversight Bd. Writing for the majority, Chief Justice Roberts found unconstitutional the vesting of authority in the PCAOB because of the structure's...

Of World Cup Commentary and Financial Reform...

Posted on June 28, 2010
I have been most impressed by the consistent cordiality of the BBC broadcasters who are bringing the World Cup games to America. A defender who has been behind the rush all day is said to be "suspect on crosses." North...

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