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A quick question on how you deflated your numbers: how does 1978 nominal GDP of $2.3tr become $5.7tr in real dollars, but $19.1bn in nominal for the legal sector become $114bn? Did you use different deflators, and if so, why?
Media Outlets Claiming 'Law Is no Longer a Golden Ticket' Conceal Decades of a Profession in Decline
Memo to the media: the "Golden Ticket" myth hasn't been true for years. Mainstream reporting on the legal education system's failings frequently employs this two-word phrase (or some variant) to underscore the idea that a struggling economy prompted the sudden drop in a law degree's value. The p...
I'm conflicted about the ebook. On the one hand, it would be nice for you if it goes well. On the other, the Kindle is an awful device for reading most legal articles, because it handles footnotes very badly.
My SSRN rankings and my scholarly agenda
SSRN sent along the following data via email: Your Author Statistics as of 05/31/2011 (out of 162,222 authors in SSRN, based only on Publicly Available, Downloadable Papers) 33 is your AUTHOR RANK, based on 76,034 TOTAL DOWNLOADS. 45 is your AUTHOR RANK, based on 10,761 DOWNLOADS IN THE LAST 1...
I don't think Palin's a good nominee, and no one questions my conservative bona fides. I think the distinction to be drawn is between not liking Palin and being openly antagonistic to her and her supporters.
Today's political question
Why has liking Sarah Palin become a litmus test of one's conservative bona fides? And where does one go if one can't stand Obama, Palin, or Paul (either father or son)? [Romney is not the answer to that question.]
You might have a problem fulfilling the Delaware residency requirement.
Chandler joins Wilson Sonsini
Dealbook: Chancellor William B. Chandler III, the chief judge of the Delaware Chancery Court, announced on Thursday that he wold be joining the law firm of Wilson Sonsini Goodrich & Rosati as a partner. Dealbook’s Deal Professor, Steven M. Davidoff, interviewed him immediately after the announc...
Surely this leads to a bizarre result, however? Sokol's actions hardly constitute a "usurpation" of a corporate opportunity, in the common and non-legal sense of the word, in that his actions don't prevent Berkshire from buying Lubrizol, or even raise the price that Berkshire would otherwise pay by $3 million. If anyone "lost" $3 million, it was the former Lubrizol shareholder who sold to Sokol without knowledge of an upcoming merger.
So if this and the Davidoff analysis are correct, and Sokol disgorges, Sokol's actions end up purchasing Lubrizol for Berkshire shareholders at $3 million less than they would have paid had Sokol not traded. Does it make sense to have an insider trading rule that puts acquiring shareholders in a better position due to the actions of a "faithless" fiduciary, at the expense of a former Lubrizol shareholder?
I think that this is the problem with jumping to Guth as a source of authority, despite its somewhat different facts. I understand the doctrinal analysis that you kindly provided the last time I mentioned this, but it still doesn't make sense that equity demands that Berkshire shareholders get a $3 million windfall.
Sokol and the corporate opportunity doctrine
A while back I argued that former Berkshire-Hathaway executive likely violated the corporate opportunity doctrine by buying stock in Lubrizol before trying to persuade Berkshire to acquire Lubrizol. M&A Law Prof blogger Brian JM Quinn analysed the issue and reached the same conclusion I did: I ...
Sharks gotta eat. Lawyers, however, do not have to be sharks.
Say on pay litigation
In state law, executive compensation decisions by the board of directors is subject to the business judgment rule, making shareholder pay lawsuits extremely hard to win. When the federal government decided to stick its nose into the pay imbroglio (at the behest of unions and some academics with ...
Thank you for this summary. Two questions:
a) What precisely is the corporate opportunity that Sokol actually seized, given that Berkshire bought the whole company anyway? Rather than stating that Berkshire's business is very broad, wouldn't the more relevant question be whether Berkshire is in the habit of making very small investments in target companies before buying them?
It just seems like it should be irrelevant, from Berkshire's view, whether the shareholders from which they eventually purchase Lubrizol include Sokol? Or is there some reason that, without Sokol's purchase, Berkshire would have paid $8.997 billion?
b) Assuming that the answer to the last question is no, wouldn't disgorgement result in a windfall for Berkshire shareholders (let alone their attorneys)?
Sokol and Buffett sued by Berkshire-Hathaway shareholder
Predictably, the news that former Berkshire-Hathaway executive David Sokol bought stock of Lubrizol before recommending that to Berkshire boss Warren Buffett that Berkshire acquire Lubrizol has prompted a shareholder derivative suit: Mr. Sokol was widely considered Mr. Buffett’s heir apparent u...
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