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10:21
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Business Law
If you'd like to do some guest blogging on the BLPB, please contact us via the link provided on the left side of this page. SJP
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10:18
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Business Law
Benjamin Golez and Jose M. Marin recently posted the following abstract for “Price Support in the Stock Market” on SSRN: The interplay of delegated portfolio management and asset management ownership generates a double agency problem that may result on trading...
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11:33
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Business Law
As part of my goal of better preparing students for day one of practice, I have been adding small projects to my larger classes to help supplement the doctrinal discussions. One focus has been to add ethics and professionalism components...
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23:16
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Business Law
My first semester of law school was punctuated by an unusual tale in Torts class. Under the rubric of 'contributory negligence,' the professor regaled us with a case involving a backwoods doctor and a naive soul suffering from migraine headaches....
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11:34
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Business Law
Over at CNBC, Gary Kaminsky writes that Oracle's courtship of former HP CEO Mark Hurd is something for shareholders to watch. Kaminsky argues that shareholders need to be concerned "about owning shares when the CEO is larger in stature than...
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10:39
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Business Law
Lonny Sheinkopf Hoffman and Alan F. Steinberg have posted The Ongoing Milberg Weiss Controversy on SSRN with the following abstract: In this paper we revisit the ongoing controversy surrounding the Milberg Weiss prosecution. Our paper responds to an important, recent...
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17:10
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Business Law
The Wall Street Journal ran an article this week about the SEC's on-going case against Angelo Mozilo, former CEO of Countrywide. The Journal noted that one of the key issues was whether disclosures by Countrywide subsidiaries (with names such as...
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15:42
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Business Law
Back in 2007, North Dakota passed the North Dakota Publicly Traded Corporations Act (ND Act), which became Chapter 10-35 (Publicly Traded Corporations) of the North Dakota Century Code. The ND Act provided a shareholder friendly alternative to the state's Business...
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12:18
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Business Law
Kevin LaCroix has an excellent review of the decision here. As he notes, there is much to discuss. But what jumped out at me in the course of reading reviews of the opinion (I have not read the 140-page opinion...
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11:40
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Business Law
We here at the BLPB are pleased to announce that the blog has been nominated as one of the Top 25 Business Law Blogs for 2010 by LexisNexis. Now, we need your help. If you enjoy this blog, please post...
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17:48
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Business Law
The European Federation for Retirement Provision (EFRP) weighed in today on the potential value of shareholder engagement in response to the European Commission's Green Paper on Corporate Governance in Financial Institutions and Remuneration Policies. The EFRP concluded that voluntary shareholder...
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13:48
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Business Law
Late last week, the SEC obtained a court Order authorizing "emergency action" against two Spanish nationals (a research analyst and a brokerage customer) who allegedly engaged in insider trading in Potash Corporation (an NYSE stock) through purchases of options on...
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12:56
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Business Law
The Delaware Court of Chancery issued an opinion on August 2 in Lola Cars International, Ltd. v. Krohn Racing, LLC (pdf) that provides a detailed example of how things can go wrong in a joint venture. The eighty-four page opinion...
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18:46
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Business Law
If your thing is business law, then you've likely been quite busy recently. Please allow me to remind you that it is important to maintain a healthy balance in your life, including spending time with loved ones, getting plenty of...
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14:08
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Business Law
The AALS Annual Meeting bulletin arrived in my mailbox today, reconfirming that curricular reform, new forms of assessment, and the need to bring skills into the class are hardly new topics of conversation for most faculties. From the Carnegie Report...
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13:30
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Business Law
Lisa Fairfax has a nice summary here. She highlights what I think has to be one of the money quotes from the release:[C]orporate governance is not merely a matter of private ordering. Rights, including shareholder rights, are artifacts of law,...
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11:01
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Business Law
I've been toying with the idea of replacing casebooks with the popular "Examples & Explanations" study guides in at least a few of my classes. Why? Because the study guides are significantly less expensive and more likely to be used...
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12:19
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Business Law
Yesterday, I taught Business Associations I for the first time this semester, and today I begin Labor and Employment Law. Despite the name, that latter course is primarily an employment law course that provides an introduction to the NLRA and...
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10:08
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Business Law
This is no doubt the regulatory season for broad strokes. Emphasis has been placed on entities so large as to be "systemically significant;" a whole nation has seen its sovereign debt downgraded. And, as was recently publicized, the State of...
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12:50
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Business Law
This weekend brought news that many small investors are exiting the stock markets at a rate similar to that of the 1980s. Similarly, people are (for the most part) not thinking of homes as long-term growth investments in the way...
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12:47
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Business Law
I'm not sure exactly how new this is, but I was just recently made aware of this site. SJP
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17:44
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Business Law
The North Dakota Law Review held an energy law symposium back in Apri, and a while back, I promised to follow-up on a discussion of energy derivatives. Well, at long last, the the symposium issue is out, and the issue...
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11:26
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Business Law
Earlier this week, my co-blogger J. Scott Colesanti asked whether there was a "New Scrutiny of Settlements" coming from the bench. This made me think of an earlier post by J. Robert Brown Jr. over at the Race to the...
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11:04
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Business Law
The Wall Street Journal has an article today about the increased role of state securities regulators in the oversight of hedge funds. The article notes a difference of opinion as to whether the state regulators are up to the task....
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23:17
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Business Law
General Motors today filed its SEC Form S-1 for its Initial Public Offering (IPO) (here). The Wall Street Journal has already noted a couple "surprising" risk factors listed in the filing (article here). I was hardly surprised by the listing...
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8:31
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Business Law
This week - and for at least the third time this year - a federal judge has refused to rubber stamp a monetary settlement between a bank and a U.S. regulator. Specifically, a Washington court will later today scrutinize a...
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20:15
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Business Law
...or "Dodd-Frank and Whistleblowers," depending on your point of view. As previously noted here and elsewhere, the mammoth financial reform legislation touches, in part, upon the bounties paid by the SEC to individuals providing information leading to charges of fraud....
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7:56
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Business Law
The Wall Street Journal reports that the correlation between stock prices and oil prices is near 70%, which more than doubles the rate in 2008 (article here). There are a variety of theories posed as to why this might be...
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17:32
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Business Law
Technical stock analysis (predicting future stock prices on the basis of past price movement) remains alive and well. Just today, a Wall Street Journal headline referenced the "Hindenburg Omen"--a confluence of stock price data points that portend bad news ahead....
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12:59
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Business Law
On Monday, the University of North Dakota School of Law welcomes its Class of 2013 to campus (orientation begins Tuesday). Regularly scheduled classes begin the following week, on Tuesday, August 24. I can hardly believe it. It's been a productive...
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11:47
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Business Law
Cleveland has been taking a bit of a beating lately. So, since I'm showing someone around town this week I thought I'd post my top five spots to see when next you visit: 1. The Rock & Roll Hall of...
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11:16
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Business Law
It is a question heard repeatedly across the country at law schools, graduate schools, and in employer offices: “How did you, Mr./Ms. College Graduate, get here without the ability to write a coherent paragraph?” One answer, provided by Craig Brandon...
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13:51
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Business Law
The New York Times (among other sources) reports that General Motors is considering buying AmeriCredit, a subprime financing company that provides auto loans to those unable to find credit from banks, credit unions, and other more traditional sources. In his...
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21:54
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Business Law
...should grow under Dodd-Frank, which authorizes the Commission to pay for tips leading to "impositions of penalty" in a wider range of cases. For a description of how lucrative the program can be, see
[www.sec.gov] --JSC, 8/10/10
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22:46
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Business Law
One of the most enjoyable parts of regulatory reform is having a whole new set of capricious numeric thresholds thrust upon us. The Dodd-Frank Act of last month is no exception. $50 billion in assets connotes "systemically important" bank holding...
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12:53
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Business Law
Over at the Wall Street Journal, an article today (here) discusses a variety of "Hail Mary" programs designed to jump start the economy, including plans from the current administration and advisors from both the Clinton and Reagan administrations. The article...
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13:18
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Business Law
The University of Tennessee School of Law's James L. Clayton Center for Entrepreneurial Law will be hosting a Behavior and Business Law Conference on October 2, 2010. The multi-disciplinary event features a number of terrific scholars. The full schedule is...
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17:31
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Business Law
A little while back I discussed energy incentives (see here) and noted that people often forget that the incentives for traditional, non-renewable fuel energy “far outweigh renewable industry incentives.” A thoughtful comment to that post noted that, “Your point that...
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23:02
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Business Law
Wasteful government spending. Taliban mutilations. SJP
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22:38
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Business Law
Target makes newly-available political contribution. There is an outcry. Target apologizes. SJP
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15:15
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Business Law
Over at the New York Times Dealbook, Andrew Ross Sorkin questions whether the SEC's $75 million fine as part of a settlement with Citigroup (for failing to tell shareholders about some $40 billion of subprime mortgage exposure) is punishment to...
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11:11
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Business Law
Given the size and breadth of our behemoth stock market, perhaps the best any regulatory agency can do is to ensure adequate disclosure of the deal and/or circumstances. As FDR said upon presenting the first securities law to Congress in...
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21:11
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Business Law
The Financial Reform recently signed by the President eschewed net capital limits in favor of product limits and enhanced federal power to wind down/intervene with behemoth failures. Such approach leaves the possibility of enhanced capital restrictions to the representatives of...
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20:54
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Business Law
A U.K. court just ruled in favor of some hedge funds who lost their money in the Lehman Bros. investment bank failure, the Wall Street Journal reports. Good news for those funds whose money was not properly "ring-fenced"; not great...
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11:00
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Business Law
I'm on vacation. So, the best I think I can do right now is pass on some links to posts I've come across this past week that struck me as interesting and that you, dear reader (Hi, Mom!), might have...
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10:51
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Business Law
The Detroit Free Press the other day reported on a number of old laws still on the books in the state of Michigan (article here). One city in the state still has a law banning homosexuals from bars. The city...
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10:17
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Business Law
Interesting story here about BP's efforts to ["contain"? "capture"? "cap"?] academic research on the oil spill. SJP
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10:06
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Business Law
Atiba Ellis and Jena Martin-Amerson of the West Virginia University College of Law are seeking collaborators for an interdisciplinary, cross-institutional teaching project focusing on Citizens United. Here is an excerpt from their proposal for a panel presentation for the upcoming...
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20:51
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Business Law
I'm traveling in Michigan to see family, and I was welcomed to my beautiful birth state by another oil spill (see here). This one, too, it seems is facing criticism of inadequate resources. More to follow, I'm sure. --Joshua Fershee
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23:00
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Business Law
...perhaps first and foremost to ease the burden of the massive rulemaking that the financial reform foisted upon it. See today's NY Times ("SEC Expands Process For Public Comments On New Financial Rules" by Edward Wyatt) for details. Personally, I...
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