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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

Time to address mortgages?

Posted on April 20, 2010
Reuters reported in late March that, according to Treasury Department statistics on 34 million mortgages, deliquencies are up 14%. CBS news reported yesterday that 2010 has already produced 900 thousand foreclosure notices. Moreover, the White House's modification program has produced...

Return of the Jedi

Posted on April 19, 2010
Two SEC actions since April 7th answer the long-asked question of whether the Commission will be succumbing to "the Perfect Storm" version of events between 2008 and 2010. In a pair of cases centering on mortgage-related products, the SEC made...

A "New" Revlon Duty for Plaintiffs' Counsel: A Duty of Candor to the Court

Posted on April 19, 2010
In a 46-page opinion, Vice Chancellor Laster substituted new lead counsel in a representative action against Revlon related to the merger process that made MacAndrews & Forbes Revlon's controlling stockholder. The case criticizes the process used by many of the...

Hayden and Bodie on Corporate Governance

Posted on April 18, 2010
Grant M. Hayden and Matthew T. Bodie have posted Shareholder Democracy and the Curious Turn Toward Board Primacy on SSRN with the following abstract:Corporate law is consumed with a debate over shareholder democracy. The conventional wisdom counsels that shareholders should...

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Wagner on International Trade Law

Posted on April 18, 2010
Markus Wagner has posted Taking Interdependence Seriously: The Need for a Reassessment of the Precautionary Principle in International Trade Law on SSRN with the following abstract:To date, WTO panels and the AB have relied heavily on positive definitive evidence when...

Jarvis on Law School Histories

Posted on April 18, 2010
Robert M. Jarvis has posted Law School Histories: A Panel Discussion on SSRN with the following abstract:Many law professors are interested in publishing a history of their law school, but few know how to do so. This paper identifies and...

The Lawsuit We've All Been Waiting For

Posted on April 17, 2010
The SEC is suing Goldman. As you can imagine, the blogosphere is on fire. I'll briefly highlight one post, add my two cents, then leave you to the links. Over at the Glom, Erik Gerding explains why the SEC chose...

The Business Judgment Rule and Public Benefit

Posted on April 16, 2010
Maryland is now the first state with "benefit corporation" legislation, which requires companies formed under the act to consider stakeholder interests as part of the corporate mission. In addition, the law allows the benefit corporation to set a course to...

Graham on Banking Law

Posted on April 16, 2010
Ann Graham has posted Financial Institution Board Responsibilities Under the Microscope on SSRN with the following abstract: In the wake of the financial crisis, boards of directors will find both regulators and shareholders focused on legal and ethical responsibilities of...

Black on Financial Crises

Posted on April 16, 2010
William K. Black has posted Epidemics of 'Control Fraud' Lead to Recurrent, Intensifying Bubbles and Crises on SSRN with the following abstract: ?Control frauds? are seemingly legitimate entities controlled by persons that use them as a fraud ?weapon...

Vining on Chinese Corporate Law

Posted on April 16, 2010
Joseph Vining has posted The Effect of Economic Integration with China on the Future of American Corporate Law on SSRN with the following abstract:China's development into a world economic power and its continuing integration with the United States economy raise...

Means on Corporate Law

Posted on April 16, 2010
Benjamin Means has posted A Contractual Approach to Shareholder Oppression Law on SSRN with the following abstract: According to standard law and economics, minority shareholders in closely held corporations must bargain against opportunism by controlling shareholders before investing...

If the law prof thing doesn't work out ....

Posted on April 15, 2010
What's on your career alternative bucket list? For law profs, there is of course always the possibility of returning to practice. But is that what you dream about? Readers of this blog will likely guess that poker pro is on...

Plutonomy

Posted on April 15, 2010
Speaking of comments, my colleague over at the Akron Law Cafe, Brant Lee, has generated quite a few of them with his recent post: Facts about inequality. As I understand him, he basically is asking at what point the American...

Perceptions of the Supreme Court...

Posted on April 14, 2010
Following a post from earlier this week on the perception of personal agendas among Supreme Court Justices, I fear two events in the past decade may have both heightened such cynicism and polarized all future confirmation debates: 1) The partisan...

Amerson on Transnational Corporations

Posted on April 14, 2010
Jena Martin Amerson has posted What's in a Name? Transnational Corporations as Bystanders Under International Law on SSRN with the following abstract:Transnational corporations (TNCs) are unique in the international arena. They are not state actors, and do not create law...

When It Comes to Investing, Income Matters More than Worth

Posted on April 14, 2010
Last week, North Dakota Securities Commissioner Karen Tyler was gracious enough to visit my Business Associations II class to discuss securities issues in the state and around the country. She provided a great overview of the issues her department faces...

Let's cheer the sages...

Posted on April 13, 2010
While the (justifiable) finger-pointing over the financial Crisis is in full season, we would be remiss if we didn't celebrate the pros who got it right. Review of detailed warnings before 2007 not only belie claims that the heartaches were...

Black on Fiduciary Duty and Investment Advice

Posted on April 12, 2010
Barbara Black has posted Fiduciary Duty, Professionalism and Investment Advice on SSRN with the following abstract: Although broker-dealers and investment advisers provide virtually identical services, they are subject to different regulatory schemes and standards...

The SEC Hears a Who

Posted on April 12, 2010
Last week, the SEC announced rules to tighten the process of originating asset-backed securities. See "S.E.C. Moves on Consumer Loan-Backed Bonds," New York Times, April 8, 2010. Unanimously adopted by the five Commissioners, the measures lessen the role of credit...

Comments Welcome (Sort of)

Posted on April 12, 2010
Yesterday?s New York Times reported that a number of news outlets are rethinking their policies allowing anonymous comments on their Internet pages. The Washington Post is considering policy revisions, and both the Post and the New York Times have started...

Just how much cynicism can the Supreme Court stand?

Posted on April 10, 2010
I gave a paper presentation a while back wherein I made the off-hand comment that I thought most Americans believe Supreme Court justices often advance their personal beliefs rather than apply the law impartially. This statement was met by vigorous...

North Dakota Law Review Energy Sympoisum

Posted on April 09, 2010
I?m looking forward to participating in today?s North Dakota Law Review?s energy law symposium. As the Law Review describes it: The goal of this event is to address the most relevant energy issues facing North Dakota and the region. We...

Is Poker a Game of Skill?

Posted on April 08, 2010
A recent state court opinion held that poker is predominantly a game of chance. This is important because many states define illegal gambling as some version of "games of chance". There are courts that have come out the other way....

Are Bubbles Safe Harbors?

Posted on April 08, 2010
The Wall Street Journal points out that plaintiffs are generally having a hard time avoiding dismissal in the early rounds of sub-prime crisis related lawsuits. At least anecdotally, what the Journal piece refers to as the "global financial catastrophe defense"...

Cho on World Trade Law

Posted on April 07, 2010
Sungjoon Cho has posted From Control to Communication: Science, Philosophy and World Trade Law on SSRN with the following abstract:Science has recently become increasingly salient in various fields of international law. In particular, the WTO Sanitary and Phytosanitary (SPS) Agreement...

Providing Liquidity -- When It's Convenient

Posted on April 07, 2010
Goldman Sachs insists in their 2009 annual letter that they did not have a conflict of interest with regard to their actions during the peak of the subprime mortgage mess. This kind of proactive (aggressive?) defense of their tactics is...

A new role for the States?

Posted on April 06, 2010
Word is that an asset threshold implemented in 1996 will be raised by the imminent regulatory reform, bringing many more investment advisers under the jurisdiction of State regulators. See "State securities cops may soon see plates a lot fuller," Investment...

What's in a name?

Posted on April 05, 2010
This year's Super Bowl broadcast was recorded as the most watched television event of all time. The E*Trade ad featured therein continues to score points months later. Specifically, a commercial for the online broker-dealer humorously depicted an infant trader speaking...

Bringing Corruption into the Classroom

Posted on April 05, 2010
On Saturday, my co-blogger Stefan Padfield wrote the thoughtful post, ?How Corrupt Are We?? He noted that perhaps ?differing conclusions about how corrupt we are wouldn't impact the law much at all.? I?m inclined to think he is right about...

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