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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

The Real Costs of Traffic Jams, Big and Small

Posted on June 28, 2010
Despite several years growing up knowing Detroit traffic, living in Washington, DC, Los Angeles, New Orleans, and New York City, and regularly visiting Chicago, now that I live in a smaller city in a low population state, I apparently forgot...

Compromise on Reform Bill Lifts Bank Stocks

Posted on June 26, 2010
House and Senate Democrats have reached a compromise on the Dodd-Frank Wall Street Reform and Consumer Protection Act. The House could approve the bill as soon as this coming Tuesday. Senate approval is not guaranteed, but there is a strong...

Dutch Utility "Demerger" Law Violates EU Law

Posted on June 25, 2010
In July 2007, the Dutch enacted an unbundling law to require all integrated utilities companies to separate their operations into two distinct groups: one that handles transmission (grid management) and another for generation and operations. This law is not unlike...

Yockey on Corporate Governance

Posted on June 25, 2010
Joseph W. Yockey has posted On the Role and Regulation of Private Negotiations in Governance on SSRN with the following abstract: Developments in corporate law continue to give shareholders greater levels of power over public companies. Instead of using their...

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Rhee on Corporate Social Responsibility

Posted on June 25, 2010
Robert J. Rhee has posted Crisis, Rescue and Corporate Social Responsibility Under American Corporate Law on SSRN with the following abstract: This chapter discusses the legal issues of rescue and corporate social responsibility during times of public crisis...

Reporting Back From the Midwest Corporate Law Scholars Conference

Posted on June 24, 2010
I thoroughly enjoyed the presentations and interactions at the University of Cincinnati School of Law this past Tuesday, and was reminded (among various other things) that I do myself a disservice when I don't regularly check in on Steven Davidoff's....

Our Great Old System

Posted on June 24, 2010
A new study of health care finds that: "Among the seven nations studied?Australia, Canada, Germany, the Netherlands, New Zealand, the United Kingdom, and the United States?the U.S. ranks last overall ...." But hey, at least our health insurance company CEOs...

A Tesla Stakeholder Request

Posted on June 23, 2010
The New York Times reports that Elon Musk, one of the PayPal founders, is "cash poor," despite his extensive investments. Musk made about $200 million dollars when eBay bought PayPal (he also made about $300 million from interests in another...

The Worst Contract You'll Ever Adhere To...

Posted on June 23, 2010
Have you taken a look at your Mets ticket stub lately? The face of the ticket outright precludes rainchecks for games canceled by weather. The flip side is riddled with six paragraphs of miniaturized print. With the assistance of a...

The Worst Contract You'll Ever Adhere To...

D. Daniel Sokol on Mergers

Posted on June 21, 2010
D. Daniel Sokol has posted Antitrust, Institutions, and Merger Control on SSRN with the following abstract: This article provides a descriptive, analytical overview of the various institutions to better frame the larger institutional interrelations for a comparative institutional analysis...

Investing in the Gulf

Posted on June 21, 2010
The SEC website has an alert warning investors about stock scams related to the BP's oil disaster in the Gulf: Oil Spill Stock Scams?Don?t Get Cleaned Out by False Cleanup Claims. It's hard to be surprised that some shady people...

A Lost Opportunity for Washington?

Posted on June 21, 2010
In the decades preceding the recent economic crisis, the federal government - often at the urging of the White House - stimulated home ownership through steerage of tax breaks, interest rates, or HUD policies. Now, as the foreclosure numbers continue...

Reporting Back From the Institute for Law Teaching and Learning Conference

Posted on June 19, 2010
I am looking forward to the Midwest Corporate Law Scholars Conference. Eric Chaffee will be presenting his idea, "A Modest Proposal for a Global Securities and Exchange Commission," in the afternoon--and I'm certainly looking forward to that, as well as...

Rep. Barton Got One Thing RIght: Pressure on BP Not the Same As Bailout Pressure

Posted on June 18, 2010
It is fascinating that President Obama?s ?arm-twisting? tactics with BP have rekindled the debate about the role of government in business. Sure, the request was for a lot of money ($20 billion to be exact) and BP is a business....

Millon on Corporate Social Responsibility

Posted on June 18, 2010
David Millon has posted Enlightened Shareholder Value, Social Responsibility, and the Redefinition of Corporate Purpose Without Law on SSRN with the following abstract: Enlightened shareholder value (ESV) is the idea that corporations should pursue shareholder wealth with a long-run orientation...

Rethinking My BP Boycott

Posted on June 17, 2010
The Wall Street Journal reports that boycotting BP gas stations does little to hurt BP, but potentially does great harm to the independent dealers that operate those stations. Does that mean I should start enjoying my 5% cashback BP credit...

More Revolving Doors

Posted on June 17, 2010
Mike Koehler, who covers Foreign Corrupt Practices Act issues over at the "FCPA Professor", sent me an email in response to my previous post on the revolving door between the public and private sector. He noted that "[t]here is a...

First Annual Midwest Corporate Scholars Conference

Posted on June 17, 2010
Barbara Black (Cincinnati), Steven Davidoff (Connecticut / Ohio State), and I will host the first annual Midwest Corporate Scholars Conference on June 22 at University of Cincinnati College of Law. For the inaugural conference, we chose to focus on corporate...

The Ever-Increasing BP Liability Landscape

Posted on June 16, 2010
Law.com provides a helpful opinion piece from Brian B. O'Neill, a Minneapolis-based attorney who represented plaintiffs in the Exxon Valdez tanker spill. He provides further gloss on the oft-touted, under-explained $75 million cap for offshore oil drilling damages under the...

Ponzi schemes and misleading promissory notes...

Posted on June 15, 2010
...seem to go together. At least in SEC complaints. Q: How would the SEC apply its famed Rule 10b-5 to investment vehicles not included in the broad definitional sections of the securities laws? The question is moot in the latest...

Video Games: The Grown Up Industry has Grown Up Legal Problems

Posted on June 14, 2010
In (what seems like) another life, I worked for a trade association that represented video game & computer game software publishers. The association owned and operated the Electronic Entertainment Expo or E3, the industry?s trade show, which provided companies the...

The Politics of Dividends...

Posted on June 14, 2010
The New York Times ran a piece today that referenced the opposition of President Obama and others to BP's next dividend: The company?s $10.5 billion annual dividend has become a point of contention, as President Obama and a host of...

Moving Beyond the Duality of Government and Business

Posted on June 12, 2010
I am often advised, as part of my Buddhist practice, to move beyond my dualistic perceptions. One particularly tempting duality is government and business. And yet, at some point the revolving door between the public and private sector raises serious...

The Missing Good Samaritan: Are Hopes of Acquiring BP Dragging Out the Oil Spill?

Posted on June 11, 2010
I can't seem to stop thinking about Andrew Ross Sorkin's column from Tuesday's New York Times, Imagining the Worst in BP?s Future. He wrote that, as the possible costs from BP's oil spill continue to rise, BP becomes more and...

The Next Bubble?

Posted on June 10, 2010
The Wall Street Journal had an article this week citing some money managers as seeing a bubble in bonds. One might expect bond-pushers to address these concerns specifically in their disclosures to investors. But somehow I see them relying on...

Can legalized online poker in Ohio be far behind?

Posted on June 10, 2010
As I recently posted, casino poker in Ohio is just around the corner. Given that the state's need for revenue will likely not be dissipating any time soon, can legalized online poker be far behind? SJP

BP May Be Innocent Until Proven Grossly Negligent

Posted on June 09, 2010
Law.com reports that some energy experts are warning about possible breach of contract claims against the federal government if Congress were to remove the $75 million liability limit "for an offshore facility except a deepwater port" provided in the Oil...

Warren on International Securities Regulation

Posted on June 09, 2010
Manning G. Warren III has posted The Harmonization of European Securities Law on SSRN with the following abstract: The European Union?s (EU) mission has been and continues to be the establishment of a single, internal market for financial services comprising...

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