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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

Foreshadowing the BP Disaster?

Posted on June 09, 2010
Apparently I continue to be fascinated by the BP oil disaster. I was doing a little project research and came across a June 15, 2007, article in the Houston Chronicle titled, "New CEO aims to help BP overcome deadly past."...

Bring Back the Good Old Civil Fine...

Posted on June 08, 2010
In these days of Ponzi schemes and pernicious hedging, there arises once again the call for increased criminal penalties. Why burden our regulators with the attendant procedural obstacles? Any agency fashioning a "penalty" or "fine" is subject to 28 U...

More on the North Dakota Anti-Corporate Farming Law: Reifying Trusts and Estates?

Posted on June 07, 2010
After reading Stenehjem v. Crosslands, Inc., which I discussed last week, I took a look at some of the other provisions of North Dakota?s corporate farming laws. Section 10-06.1-12 of the North Dakota Century Code provides the requirements for corporations...

Too Big To Fault

Posted on June 07, 2010
An article by The Wall Street Journal last week reported the exchange between members of the Congressional Financial Crisis Inquiry Commission and star witness Warren Buffett ("Buffett Defends Moody's Managers"). The topic was the credit rating agencies...

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Davis on Boilerplate

Posted on June 06, 2010
Kevin E. Davis has posted Interpreting Boilerplate on SSRN with the following abstract:Economists often presume that the costs of drafting contracts are directly related to the ?completeness? of the contracts in question. This may be a reasonable presumption when contractual...

Speir on Constitutional Law and Corporations

Posted on June 06, 2010
Ian S. Speir has posted In Search of an Originalist View of the Corporation on SSRN with the following abstract: In separate opinions in Citizens United v. Federal Election Commission, Justices Stevens and Scalia spar over ?original understandings? of the...

Edelman on American Needle

Posted on June 06, 2010
Marc Edelman has posted American Needle Ruling May Have Impact in Other Areas of Sports Business on SSRN with the following abstract: This legal commentary discusses the implications of the United States Supreme Court's ruling in the case American Needle...

Is "over-regulation" or greed a bigger problem?

Posted on June 05, 2010
Two different points of emphasis: Fox Business is running a series asking: Is the World Broke? Causes for concern include entitlements, unions, spending, corruption, lack of ethics, over-regulation and over-taxation. CNBC is running a series on Greed, focusing on "the...

North Dakota's Anti-Corporate Farming Law: No Piecemeal Approaches Allowed

Posted on June 04, 2010
In May, the North Dakota Supreme Court issued an opinion related to the state?s anti-corporate farming law. Until the decision, I did not know there was such a law. In my defense, I never really had a reason to look....

Bruner on Corporate Governance

Posted on June 03, 2010
Christopher M. Bruner has posted Corporate Governance Reform in a Time of Crisis on SSRN with the following abstract: In this article I argue that crisis-driven corporate governance reform efforts in the United States and the United Kingdom that aim....

Wilson on Delaware Law

Posted on June 03, 2010
David M. Wilson has posted Climate Change: The Real Threat to Delaware Corporate Law, Why Delaware Must Keep a Watchful Eye on the Content of Political Change in the Air on SSRN with the following abstract: Delaware is the corporate...

When Regulators Get It Wrong: Why Major League Baseball Should Award Galarraga His Perfect Game

Posted on June 03, 2010
Speaking of Detroit, odds are you?ve heard about the blown call at the end of Detroit Tigers game yesterday that kept Armando Galarraga from getting his historic perfect game. As a life-long Tigers fan, I admit my bias, but nonetheless...

Poker, Business & Law

Posted on June 03, 2010
Cleveland.com has an article on the on-going finalization of regulations governing Ohio's four pending casinos. The money quote is actually in the comments: [W]hile you guys screw around we are in [Detroit] spending money.... A slight twist on Cleveland's unofficial...

Did Warren Buffett Believe Housing Prices Would Go Up Forever?

Posted on June 03, 2010
The Wall Street Journal has an article today with an interesting quote in the paper edition: Most people believed home prices couldn't fall, said Mr. Buffett, "I was wrong on it, too." Now, I did not watch Buffett's testimony or...

If Goldman Discloses a Conflict in Delaware, Does Anyone Make a Sound?

Posted on June 02, 2010
At the end of April, the Delaware Supreme Court approved a settlement in shareholder litigation related to National City Corp.?s (NCC) merger with PNC Financial Services Group. The settlement resulted only in additional merger-related disclosures (i.e...

Still a dangerous game...

Posted on June 01, 2010
My Securities Regulation students are always amazed at the aggressiveness with which the SEC pursues insider trading. While it is true that the federal courts often frown upon the theories by which "outsiders" (i.e., non-employees of the subject company) are...

The Cruel Irony of Stock Market Competition

Posted on May 31, 2010
The past 20 years has seen the erosion of the "stock exchange" as the nucleus of trading information. Technological advancements paved the way for what would develop into electronic communication networks (blessed by the SEC in 1998 via adoption of...

Let's Hope this Works & Happy Memorial Day

Posted on May 31, 2010
So, BP hasn't figured out the oil leak yet, but at least people are appreciating this country's great veterans who are no longer with us. Happy Memorial Day, and for all our sake, I sure hope BP can figure this...

The Cruel Irony of Stock Market Competition

Posted on May 31, 2010
The past 20 years have seen the erosion of the "stock exchange" as the nucleus of trading information. Technological advancements paved the way for what would develop into electronic communication networks (blessed by the SEC in 1998 via adoption of....

Playing Cards While the Oil Spews

Posted on May 29, 2010
The devil on my shoulder told me it was okay to blog about poker while the Gulf of Mexico is filling up with oil ... and I listened. The 2010 World Series of Poker is underway. Accordingly, I thought I'd...

Unnatural Disaster Is BP's, Not Obama's, Katrina (For Now)

Posted on May 28, 2010
In an interview on NBC?s Today Show this morning, BP CEO Tony Hayward stated that BP has ?never in any sense sought to downplay this? disaster. This is hardly accurate, in my opinion. On May 18, Hayward said, ?Everything we...

OTC Derivatives: Closing Clearinghouse Loopholes

Posted on May 27, 2010
My Akron Law colleague, Willa Gibson, has an excellent post up at the Akron Law Cafe arguing that the final version of the financial reform bill should include a grant of "rulemaking authority to the CFTC to identify the types...

How the Reckless Pursuit of Profits Can Lead to Jail

Posted on May 27, 2010
Russell Mokhiber of the Corporate Crime Reporter offers some very interesting thoughts on the potential for criminally prosecuting Massey and BP executives here. In related news, the Wall Street Journal reports today that, "BP made choices over the course of...

Just a Little More Shareholder Apathy

Posted on May 26, 2010
The Northrop Grumman Corporation filed its Form 8-K yesterday and reported: The shareholder proposal to reincorporate the Company from Delaware to North Dakota under the new North Dakota Publicly Traded Corporations Act was not approved with a vote of 226,210,028...

Acharya on Trade and Development

Posted on May 26, 2010
Upendra Acharya has posted Is Development a Lost Paradise? Trade, Environment, and Development: A Triadic Dream of International Law on SSRN with the following abstract: International law, as it exists today, has been abused by developed nations in their position...

Summer of George?

Posted on May 25, 2010
Seinfeld fans will recall neurotic George's declaration that he was going to end his second-guessing for one summer. "A George divided against George cannot stand," he reasoned. In stark contrast, the Supreme Court yesterday found the 32-team National Football League...

Did Wall Street Make BP Spill Oil?

Posted on May 24, 2010
Like what appears to be most of the country, I have been following the on-going Gulf oil spill with great horror. As someone who comes from an energy law background, and who teaches and writes in the area (in addition...

Reform ! (I think)

Posted on May 24, 2010
The question of whether the Senate would progress the broad array of financial reforms passed by the House in December has been answered in the glorious affirmative. Among other things, the Restoring American Financial Stability Act would - Create a....

Society of International Economic Law (SIEL) 2010 Conference Program

Posted on May 23, 2010
Colin B. Picker has posted the Society of International Economic Law (SIEL) 2010 Conference Program on SSRN with the following abstract: The Second Biennial Global Conference of the Society of International Economic Law (SIEL) will be hosted by the University...

Too Much Gleaning in Goldman

Posted on May 22, 2010
This response started as a comment, but grew and grew . . . I think Stefan hit the nail on the head in his post when he said Washington Mutual's discomfort with Goldman had nothing to do with inside information....

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