Showing Latest Publications

You Mean Leegin’s Not the Only SCOTUS Antitrust Case?

TOTM While we have been going on and on and on about Leegin here at TOTM, Manfred Gabriel offers a detailed analysis and a prediction on . . .

While we have been going on and on and on about Leegin here at TOTM, Manfred Gabriel offers a detailed analysis and a prediction on Twombly, the pending SCOTUS case which may provide some important guidance on 12(b)(6) standards.  Gabriel predicts that the Court will neither embrace the District Court’s ruling that plus-factors must be pleaded in a complaint to survive a motion to dismiss nor adopt the Second Circuit’s holding.  Instead, Gabriel predicts that the Court will…

Read the full piece here

Continue reading
Antitrust & Consumer Protection

Some Preliminary Reactions to the Leegin Transcripts

TOTM Transcripts in Leegin are available here (HT: Antitrust Review where David Fischer points out some of the highlights of the oral argument).  I may add . . .

Transcripts in Leegin are available here (HT: Antitrust Review where David Fischer points out some of the highlights of the oral argument).  I may add some additional thoughts later after I read the whole thing again, but for now here are some first impressions…

Read the full piece here

Continue reading
Antitrust & Consumer Protection

Annual Corporate Law Institute: “Everybody who is anybody is there.”

TOTM I leave tomorrow for Tulane’s Annual Corporate Law Institute.  This conference is viewed by many as the top annual deal conference, so I am expecting . . .

I leave tomorrow for Tulane’s Annual Corporate Law Institute.  This conference is viewed by many as the top annual deal conference, so I am expecting great things (this will be my first time attending the conference). Indeed, the speaker line-up is incredible. Chief of OMA at the SEC, Chief Justice of the Del. Supreme Court, Vice Chancellor Strine, Richard Breeden, Justice Jack Jacobs, a medley of deal lawyers from super firms, Patrick McGurn from ISS… the list goes on.

Read the full piece here.

Continue reading

Bill Henderson is One Reason I Read Blogs

TOTM As readers of TOTM know, I am interested in law school rankings. So recently I’ve been reading about the Vault “underrated” law school rankings (see . . .

As readers of TOTM know, I am interested in law school rankings. So recently I’ve been reading about the Vault “underrated” law school rankings (see my colleague Ilya Somin’s take here). Of course, I agree that GMU is underrated (and also with the praise the recruiter comments section gives to our evening students). But that is besides the point.

Read the full piece here.

Continue reading

Cass on Leegin

TOTM Ronald Cass, dean emeritus of Boston University Law School, argues in today’s WSJ that the Supreme Court should overrule Dr. Miles… Read the full piece . . .

Ronald Cass, dean emeritus of Boston University Law School, argues in today’s WSJ that the Supreme Court should overrule Dr. Miles…

Read the full piece here

Continue reading
Antitrust & Consumer Protection

Tabarrok on the Credit Snobs

TOTM Marginal Revolution’s Alex Tabarrok has a good post responding to recent attacks on the extension of credit to poor borrowers (and in particular, this rant . . .

Marginal Revolution’s Alex Tabarrok has a good post responding to recent attacks on the extension of credit to poor borrowers (and in particular, this rant from Nouriel Roubini).

Read the full piece here.

Continue reading
Financial Regulation & Corporate Governance

The Nacchio Trial Begins

TOTM The insider trading trial of former Qwest CEO Joseph Naccio began yesterday. I’ve posted a couple of times (here and here) on Nacchio’s innovative defense, . . .

The insider trading trial of former Qwest CEO Joseph Naccio began yesterday. I’ve posted a couple of times (here and here) on Nacchio’s innovative defense, which the WSJ labeled a “black box” defense.

Read the full piece here.

Continue reading
Financial Regulation & Corporate Governance

Midwest Farmers 1, Environment 0, Poor People -1

TOTM Friday’s WSJ documented an effect of ethanol mandates… Read the full piece here.

Friday’s WSJ documented an effect of ethanol mandates…

Read the full piece here.

Continue reading
Innovation & the New Economy

Insider Trading: Sin or Crime? (or None of the Above?)

TOTM R. Foster Winans knows insider trading. A former author of the Wall Street Journal‘s Heard on the Street column, Winans was a key figure in . . .

R. Foster Winans knows insider trading.

A former author of the Wall Street Journal‘s Heard on the Street column, Winans was a key figure in an insider trading case that went all the way to the U.S. Supreme Court. In that case, Carpenter v. United States, the Court affirmed securities fraud and mail/wire fraud convictions against Winans, who tipped investors about the contents of forthcoming Heard on the Street columns.

Read the full piece here

Continue reading
Financial Regulation & Corporate Governance