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Corporate & Securities Law

Business Law Prof Blog 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

Recent Entries: 1183

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Chrysler In Chapter 11

Posted on May 01, 2009
There are many, many aspects to this story. Let me mention a few. First, Obama has proposed and still seeks, through a bankruptcy trustee now, to buy a car company worth nothing for $12 B in clash, TARP money to...


The Legacy of the First 100 Days

Posted on April 24, 2009
It will take some time, maybe another six months, but the full legacy of the first 100 days of the new administration will be dribbled out, story by story, local paper by local paper, in reporting on the inside corruption...


Who and Where are the AIG "Trustees"?

Posted on April 24, 2009
The press has finally, finally noted that government appointed "trustees" have control of government stock positions in a variety of finanical institutions. There is now some bewildermen over who they are and what they are doing. The three trustees of...


The BofA Deal

Posted on April 24, 2009
The transcript of Paulson threatening the job of CEO Lewis if he does not close the Merrill Lynch deal has re-ignited the fuse on whether, in particular, the government overplayed its hand in forcing the merger and on whether, in...


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The Hunstman Case

Posted on April 13, 2009
A panel in Vegas discussed the Delaware Chancery case on Apollo v Huntsman. Comments by Chancellor Lamb, if reported properly (and big it), reveal that a willingness to negotiate a settlement could affect the outcome of busted deal cases. Why?...


Stress Tests Test Disclosure Obligation

Posted on April 13, 2009
The government's games with "Stress Tests" for banks show once again that disclosure to shareholders if "for others." Shareholders of banks that are evaluated want to know the results as soon as their executives learn them. Yet government and bank...


Broadcom Case

Posted on April 13, 2009
When District Judge Carney threw out portions of the criminal case against Broadcom for backdating stock options, he did so on grounds that has the corporate bar taking notice. The corporate attorneys failed to tell an executive that they represented...


Broadcom Case

Posted on April 13, 2009
When District Judge Carney threw out portions of the criminal case against Broadcom for backdating stock options, he did so on grounds that has the corporate bar taking notice. The corporate attorneys failed to tell an executive that they represented...


Thomsen Cashs In

Posted on April 13, 2009
Linda Thomsen, the chief enforcement officer at the SEC who left (?) after a poor record of SEC enforcement (and Congressional testimony on same) during the Madoff scandal years has landed a fat job at Davis Polk when firms are...


Congress and 401(k)s: Pensioners--Invest in TARP or Else!

Posted on April 01, 2009
Congressional leaders and Administration officials, frustrated with the amount of private money sitting on the sidelines in our economic crisis, will soon announce, according to unnamed sources inside the White House, a bill that requires all those who hold 401(k)...


Ex-GM CEO Wagoner Should Have Refused to Go

Posted on March 31, 2009
When President Obama and his senior economic advisers decided that GM CEO Wagoner should be fired and this was communicated to Wagoner he responded incorrectly. He should have said: " You are not my board and you cannot fire me....


Geithner's Plan: They're All Fannie Now

Posted on March 27, 2009
Geithner's new ambitious plan hinges on one assumption -- some financial institutions are too big to fail. Once one buys into that assumption, government intervention becomes inevitable. The banks that are too big to fail have the implicit backing of...


AIG: And Worse

Posted on March 25, 2009
Now there is news that AIGs successful subsidiary businesses, real insurance companies, are suffering from the pasting taken by the holding company executives over bonuses. Moreover, competitors in the insurance business are complaining that the insurance company subs, too retain...


Geithner's Toxic Asset Plan: Can It Be Gamed??

Posted on March 23, 2009
I hope Geithner has stopped all the ways to game his proposal. I am not hedge fund guy, paid millions to game the markets, but I suggest the following. A hedge fund makes an investment of $7 in a bank's...


Sweden: A Raw Capitalist Compared to the US

Posted on March 23, 2009
We have been lectured by China on monetary prudence and now we are doing something that Sweden will not due, bail out car companies. Sweden refused to bail out Saab. "Let the markets decide," Sweden announced.


Government Prints Money

Posted on March 22, 2009
We used to laugh at small country dictators who, once having ruined their country's economy and having borrowed beyond their country's capacity to pay, decide to inflate their currency. Their inflated currency worked for a short period of time, allowing...


AIG: It Gets Worse

Posted on March 18, 2009
The scramble of politicians in response to populist outrage over the AIG bonuses gives one a sense of what it was like on the Titanic when it startedd to started to go down. Hostile folks are milling outside the AIG...


AIG: And Worse

Posted on March 18, 2009
We now find out that AIG was incompetent in unwinding its problems with government money. And for these its experts get bonuses?? AIG was unwinding its credit default swap positionswith government money by buying the assets that were underlying the...


AIG Bonuses

Posted on March 16, 2009
AIG executives are claiming from $165 million to $450 million, depending on who you believe, in contractually stipulated bonuses after the company lost $60 billion last quarter, the largest quarterly loss by a private corporation in modern history. The government...


Stewart Squares Off On Cramer

Posted on March 13, 2009
Like a sucker I stayed up to watch the Jon Steward/Jim Cramer smack down on the Comedy Channel. Steward, angry at the refusal of Santelli to come to his show after Santelli's outburst against Obama's mortgage bailout, had run clips...


TALF Program Lacks Investors

Posted on March 11, 2009
The Government's $1T TALF program is stalled. Recall that the government is offering to loan $1T at below market rates to investment funds (hedge funds) if the funds buy AAA asset backed securities. How could a fund turn down cheap...


G-20 Nations Expect More United States Cash

Posted on March 10, 2009
We now hear that Germany, Japan, and France, among others (China) will not stimulate their economies by floating more debt and spending the borrowed money in "stimulus" payments. Only the United States, and to a much lesser extent the United...


Merck Buys Schering-Plough

Posted on March 10, 2009
Is anyone in Justice investigating the anti-trust implications of all these huge deals in the drug industry. Moreover, the Merck deal seems to depend on whether a reverse triangular merger can beat a control change clause in a Schering-Plough agreement...


Dow Agrees to Buy Rohm & Haas

Posted on March 10, 2009
Dow Chemical, on the eve of a trial, has reversed course and agreed once again to go forward with a deal to buy Rohm & Haas. Dow had balked at closing the deal after credit rating companies threatened to downgrade...


Our President, the Stock Tout

Posted on March 05, 2009


Lessons on Markets from the Chinese

Posted on March 04, 2009



New AIG Bailout: A Complex Mess

Posted on March 02, 2009


Obama the "Gambler": Read, "Speculator"

Posted on February 27, 2009


RIP GM

Posted on February 26, 2009
GM lost $10B in the last quarter and $31B for the last fiscal year. The $4 B government loan went in and out immediately to pay creditors and salary. The current quarter will be worse, with sales declining further. GM...


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