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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

I'm on Spring Bread In Vegas

Posted on March 12, 2011
Here's your business: Sahara Becomes Latest Victim Of Gambling Industry Meltdown Here's your law: No Override of New Jersey Internet Gambling Bill Veto Expected Here's what jumped out at me from the latter article: "[G]iven a Republican controlled House of...

Being Right Isn't Always That Great

Posted on March 11, 2011
Early this week, I posted about the possible increase in corporate relocations to Ohio and Pennsylsvania. That post also mentioned that the North Dakota Publicly Traded Coproration Act seems to have fallen off the proxy and governance radar. Professor Bainbridge...

Schools for Misrule

Posted on March 11, 2011
I recently read Walter Olson?s new book, Schools for Misrule: Legal Academia and an Overlawyered America. I opened the book expecting to like it. As a libertarian, I?m sympathetic to Olson?s claim that the United States is overregulated and over-lawyered...

"sex, lies and audiotapes"

Posted on March 10, 2011
And with that (from the WSJ), we kick off "the biggest insider trading trial in a generation." Usha Rodrigues shares some of her idle thoughts on the case here. The WSJ also has an interesting graphic of "Galleon's Web" here...

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More on Abdicating Responsibility: The Buckeye File

Posted on March 09, 2011
Yesterday I noted that a Deutsche Bank analysts publicly apologized to CBS Corp. CEO Leslie Moonves for asking the question everyone wanted answered during an interview. In my view, avoiding the tough and obvious question in that setting is coming...

Pennsylvania and Ohio "Compete," But Delaware Exodus Unlikely

Posted on March 09, 2011
Westlaw published yesterday an acticle by Erik Krusch called Corporate Governance: So We Loaded Up the Family and Moved to Ohio?! Here's the beginning: Low corporate taxes and high corporate governance standards combined with discretion for directors sounds a lot...

The Future of Law Practice (?)

Posted on March 08, 2011
I have been wondering about the effect of three trends on lawyers in the United States: 1. Outsourcing. United States clients are outsourcing to places like India and China some of their simpler legal tasks, work that young associates and...

Financial Analysts and Charlie Sheen: Taking Us Back to the Future?

Posted on March 08, 2011
Deutsche Bank media analyst Doug Mitchelson showed, in my opinion, why investors need to take a closer look at analysts' recommendations. This, from the Los Angeles Times: [CBS Corp. Chief Executive Leslie] Moonves made it clear he wasn't interested in...

Ribstein Article on the Future of Legal Education

Posted on March 08, 2011
Joe Yockey at the University of Iowa has brought to my attention a paper by Larry Ribstein addressing the future of legal education, Practicing Theory: Legal Education for the Twenty-First Century. Larry addresses some of the same changes I addressed...

Unusual Tax Deductions

Posted on March 07, 2011
CNN has posted a feature on ?10 of the wackiest things taxpayers have tried to deduct." Among the entries: a taxpayer who kept records of his visits to prostitutes and tried to deduct their cost, as well as the cost...

Poison Pills Make for a Distorted Market

Posted on March 07, 2011
I guess I really just don't care for poison pills. Today the Delaware Supreme Court upheld the poison pill Barnes and Noble put in place to "protect" itself and its shareholders from Rob Burkle. Yucaipa American Alliance Fund II, L.P....

Knowledge is often essentially worthless without the ability to communicate it effectively.

Posted on March 06, 2011
The Wall Street Journal reports on students writing badly at business schools. It's a good thing we don't have that problem at law schools. SJP

The Impact of Citizens United: Anti-Incumbent or Pro-Business?

Posted on March 05, 2011
Here at Akron, we recently had the privilege of having Prof. Bradley Smith come to talk to us about the impact of Citizens United on the most recent elections. I was asked to comment on his remarks, and in preparation...

Examination Copies of Casebooks: Are No-Resale Stickers Enforceable?

Posted on March 04, 2011
Law professors regularly receive free casebooks and statutory supplements from the legal textbook publishers. We don?t specifically ask for most of these books; the publishers know what courses we teach and send us everything they publish in those subject areas...

Seven-Day Extension for NFL and NLFPA Bargaining

Posted on March 04, 2011
So the NFL and the Players' Union have extended negotiations on their collective bargaining agreement. A good choice in my view. Neither side wants to get lumped into the Wisconsin labor mess. After all, both the NFL and NFLPA want...

Should the liberal wing of the Supreme Court change its tune on corporate theory?

Posted on March 03, 2011
[DISCLAIMER: This is a rant-in-progress working draft. I reserve the right to claim someone else hijacked my BLPB account to post this.] Writing in dissent in Citizens United, Justice Stevens asserted: ?Nothing in this analysis turns on whether the corporation...

Auto Sales Up, GM Stock Down; Gas Prices Up, Auto Sales Steady?

Posted on March 02, 2011
The Detroit Free Press reports that February auto sales for 2011 were up 27% compared to the same month the year prior, and they were at the highest level since August 2008 if you take out the cash-for-clunkers boost of...

Unintended Consequences

Posted on March 02, 2011
Last week, I wrote a post on veil-piercing in which I used the phrase "intellectually vacuous." A colleague has kindly pointed out that now, whenever someone Googles the phrase "intellectually vacuous," my name will pop up. -Steve Bradford

Supreme Court Decides FCC v. AT&T

Posted on March 01, 2011
The United States Supreme Court just decided FCC v. AT&T, Inc. The Freedom of Information Act exempts from disclosure law enforcement records the disclosure of which ?could reasonably be expected to constitute an unwarranted invasion of personal privacy...

Padfield on the Dodd-Frank Corporation

Posted on March 01, 2011
I realize I'm a bit behind the curve here, but I just started shopping my latest paper, "The Dodd-Frank Corporation: More Than a Nexus of Contracts," and posted a copy on SSRN (the preceding link gets you there). Interested law...

Wilkes v. Springside Nursing Home-The Backstory

Posted on February 28, 2011
Many people are familiar with Donahue v. Rodd Electrotype, 328 N.E.2d 505, the 1975 Massachusetts Supreme Court opinion that held shareholders in closely-held corporations owe each other fiduciary duties akin to those owed by general partners in partnerships...

Blind Sided?

Posted on February 28, 2011
Michael Lewis, author of The Big Short (and The Blind Side, etc.), was sued yesterday for defamation by Wing Chau, an asset manager who was apparently portrayed as one of the main people behind the U.S. financial meltdown. This has...

Stout on Shareholder Primacy

Posted on February 27, 2011
Lynn Stout has posted a paper on SSRN entitled "New Thinking on 'Shareholder Primacy.'" Here is the abstract: By the beginning of the twenty-first century, many observers had come to believe that U.S. corporate law should, and does, embrace a...

Bschool.com Names BLPB One of 40 Best Corporate Law Blogs

Posted on February 26, 2011
BSchool.com describes itself as "the leading online resource for MBA programs and top online business schools." See who else is on the list here. SJP

Dean Search Announced: University of North Dakota School of Law

Posted on February 25, 2011
The University of North Dakota School of Law just announced its search for our next dean. Obviosuly, I'm biased, but I think it's a great place to work and live. We have a small faculty and a small student body,...

Veil-Piercing Redux

Posted on February 25, 2011
My previous post on piercing the corporate veil has received some attention here and here. Steve Bainbridge argues that veil piercing should be eliminated. See his full paper on this subject here. I?m sympathetic to this view, especially with respect...

Random Thoughts

Posted on February 24, 2011
First, let me say that I also consider it to be very good news that Prof. Bradford is joining us on a full time basis. I'm not sure when the legal blog trading deadline is, but I have to believe...

Foreign Officials Under the FCPA

Posted on February 23, 2011
Over at FCPA Professor, Mike Koehler has posted a motion to dismiss in U.S. v. Stuart Carson, et al., as well as his declaration providing "a detailed and complete overview of the FCPA?s extensive legislative history on the 'foreign official'...

Barry and Hatfield on Takeovers

Posted on February 23, 2011
Jordan M. Barry and John William Hatfield have posted Pills and Partisans: Understanding Takeover Defenses on SSRN with the following abstract: Corporate takeover defenses have long been a focal point of academic and popular attention. However, no consensus exists on...

Good News (to me, at least)

Posted on February 22, 2011
My stint as a guest blogger on this blog is ending. But the good news, at least for me, is that I have accepted an offer to join the blog on a permanent basis. (I will leave it to the...

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