Showing 9 of 35 Publications

Ch. 11 Isn’t Twitter Creditors’ Only Hope Of Getting Paid

Popular Media On Nov.10, new Twitter Inc. owner Elon Musk reportedly told employees that bankruptcy was a possibility unless Twitter’s cash flow improved. But that cash flow . . .

On Nov.10, new Twitter Inc. owner Elon Musk reportedly told employees that bankruptcy was a possibility unless Twitter’s cash flow improved. But that cash flow already has been reduced considerably because advertisers are pulling away from Twitter.

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Financial Regulation & Corporate Governance

As Government Grows, Divisions Multiply

Popular Media America is deeply polarized, increasingly split into two, roughly equal, political camps. Each side blames the other for causing the situation. In a speech last . . .

America is deeply polarized, increasingly split into two, roughly equal, political camps. Each side blames the other for causing the situation. In a speech last week, President Biden accused Republicans of being a threat to democracy itself.

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Innovation & the New Economy

The SEC Should Leave Kim Kardashian Alone

Popular Media The Securities and Exchange Commission said this week that it has settled charges against Kim Kardashian for promoting a crypto investment on her Instagram page. In June . . .

The Securities and Exchange Commission said this week that it has settled charges against Kim Kardashian for promoting a crypto investment on her Instagram page. In June 2021, Ms. Kardashian touted EthereumMax’s token, EMAX, to her 331 million followers, without disclosing she was paid $250,000 for the post.

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Financial Regulation & Corporate Governance

By Embracing Regulation, Crypto Can Fulfill Its Potential

Popular Media Among collectors, it is said that art is cheap; it is assurances that are expensive. What gets people to spend thousands on some dribbles on . . .

Among collectors, it is said that art is cheap; it is assurances that are expensive. What gets people to spend thousands on some dribbles on a canvas by a no-name is the promise — by a gallery owner or other “expert” — that the thousands will become millions.

The value of money is the same.

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Financial Regulation & Corporate Governance

The Folly of Land Acknowledgements

Popular Media “Land acknowledgements” are all the rage. For those who haven’t been to a graduation or university lecture in Blue America, a “land acknowledgment” is the . . .

“Land acknowledgements” are all the rage. For those who haven’t been to a graduation or university lecture in Blue America, a “land acknowledgment” is the practice of starting an event with a statement that the land on which the event is taking place once belonged to particular groups of Native Americans. It is easy to dismiss these as ahistorical nonsense, laden with sentimentality. But there is another way to look at these statements that demonstrate American exceptionalism.

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Twitter’s Lawsuit Against Elon Musk Looks Like a Loser

Popular Media Twitter has sued Elon Musk, seeking to compel him to buy the company for $54.20 a share. Many observers think the company will prevail, or that Mr. . . .

Twitter has sued Elon Musk, seeking to compel him to buy the company for $54.20 a share. Many observers think the company will prevail, or that Mr. Musk is likely at least to pay the $1 billion breakup fee. They’re wrong. He is likely to walk away largely unscathed, a belief reflected in Twitter’s stock price. This case will be a good lesson on the limits of boilerplate merger agreements and the difference between a corporation and its shareholders.

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Financial Regulation & Corporate Governance

Ken Griffin, Wealth Inequality, and the Politics of Envy

Popular Media When campaigning for his progressive income tax, Illinois Gov. J.B. Pritzker argued it was needed to address “income inequality” and fund education and social services. . . .

When campaigning for his progressive income tax, Illinois Gov. J.B. Pritzker argued it was needed to address “income inequality” and fund education and social services.

Although voters rejected the tax hike, Pritzker has succeeded in reducing income inequality without it. He did so by driving away the state’s wealthiest person.

Billionaire investor Ken Griffin and his family are moving to Florida.

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Financial Regulation & Corporate Governance

How the Future of Derivatives Markets Can Benefit Farmers

Popular Media Regulation is justified when it serves the public interest, but it is frequently motivated by the economic self-interest of powerful groups. Economists call this the . . .

Regulation is justified when it serves the public interest, but it is frequently motivated by the economic self-interest of powerful groups. Economists call this the “bootleggers and Baptists” phenomenon—those likely to profit from trade in illicit alcohol push for regulation alongside the moralists hoping to protect the vulnerable.

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Financial Regulation & Corporate Governance

Should There Be Corporate Governance Police?

Scholarship Abstract If a company misbehaves, lawsuits are one way of providing a remedy and encouraging that company and others to behave in the future. If . . .

Abstract

If a company misbehaves, lawsuits are one way of providing a remedy and encouraging that company and others to behave in the future. If the misbehavior is securities fraud, there are two potential plaintiffs—traders allegedly injured by the fraud may bring a private suit, and the government (through the SEC or DOJ) may sue to enforce the public interest in truthful disclosures of corporate information. If the misbehavior is violations of corporate governance rules, however, only private suits are available. Despite the parallel rationales for marrying private and public attorneys general, the toolkit for protecting the public interest in corporate governance is not as well stocked. This essay imagines what a government cause of action might look like for alleged corporate governance wrongdoing. Many of the pathologies of current corporate governance litigation may be ameliorated by a state-based, public cause of action for breaches of fiduciary duty. Although not without downsides, putting Delaware’s Corporate Governance Police on the beat may improve the governance of American companies, while reducing the amount of vexatious litigation.

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Financial Regulation & Corporate Governance