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8 May 2024, 2:26 pm
The behavioral economics field gives us principles that suggest the loss of social security benefits will yield strong emotional and/or litigious responses, with the potential for carry-over into the private pension sphere.[7] To summarize why this is likely to occur: (1) individuals—using the status quo as their reference point—tend to view change as either a gain or a loss from the status quo; (2) “[s]ince losses loom larger [people feel them more… [read post]
17 Apr 2024, 8:59 am
" Treants Enterprises, Inc. v. [read post]
7 Apr 2024, 9:05 pm
For example, the foundation of a free enterprise system depends on basic political agreements about the legitimacy of the rule of law, and business firms have an obligation to help preserve it.[12] The global climate emergency, to take another example, demands that business firms play a part too – and not only when and if pro-climate policies, products, or services contribute to the economic value of the firm.[13] One objection may be that my recommended approach is too complicated. [read post]
3 Apr 2024, 9:03 pm
Let me start by reminding you that my views are my own as a Commissioner and not necessarily those of the Securities and Exchange Commission (“SEC”) or my fellow Commissioners. [read post]
4 Mar 2024, 5:56 pm
L. 116-283 § 6402(4).Yet corporate formation includes far more than for-profit enterprise. [read post]
28 Feb 2024, 6:36 am
Hearst Publications, Inc. [read post]
16 Feb 2024, 5:37 am
The Supreme Court recently heard oral argument in Loper Bright Enterprises v. [read post]
16 Feb 2024, 4:27 am
DOJ.AB: And—to steal your line—I agree with your last point. [read post]
13 Feb 2024, 9:05 pm
In other words, the Gensler SEC is directly in line with, or even slightly less aggressive than, its predecessors, as shown in this Table: Chair Total Rules Finalized in First 1008 Days Non-Technical Rules in First 1008 Days Litigation Rate To Date Litigation in Fifth Circuit Gensler 51 24 21% 80% Clayton 54 30 7% 0% White 44 24 8% 0% Schapiro 62 32 3% 0% If skeptical readers worry that this bottom-line is skewed by the technical vs. non-technical classification, they… [read post]
23 Jan 2024, 5:50 am
Dept. of Commerce and Loper Bright Enterprises, Inc. v. [read post]
30 Nov 2023, 4:50 am
Bias response and the First Amendment The highest-profile case is undoubtedly Speech First, Inc. v. [read post]
31 Oct 2023, 9:05 pm
”[22] Bottom Line: The Sacklers still have $5 billion and escaped bankruptcy. [read post]
4 Oct 2023, 7:54 am
§ 3054(b). [read post]
30 Jul 2023, 1:27 pm
Thomson Reuters Enterprise Centre GmbH et al. v. [read post]
20 Jul 2023, 8:54 am
[B.] [read post]
27 Jun 2023, 9:01 pm
Already, some asset managers have expressed concern that the influx of shareholder proposals are not resulting in a corresponding increase in enterprise value.[28] Instead, these asset managers noted the proposals’ high level of prescriptiveness, lack of connection to material risks or long-term value, and decreased overall quality.[29] Thus, it is not surprising that the average percentage of votes cast “for” proposals declined from 36% in 2021 to 24% in 2023.[30]… [read post]
20 Jun 2023, 6:07 am
§103(b). [read post]
17 Jun 2023, 7:08 am
GitHub, Inc. 2023 WL 3449131 at *1 (N.D. [read post]
9 May 2023, 9:01 pm
There is reason to believe the SEC’s new universal proxy Rule 14a-19 will result in more stockholder nominees being elected to the boards of public companies. [read post]
3 Apr 2023, 6:39 am
And while the issue has mostly broken down along conservative-liberal lines, that isn't entirely so (as Justice White's example also helps show): Early in her career then-Professor Kagan had expressed skepticism about the New York Times rule as well, at least in some measure; likewise, see, e.g., Prof. [read post]
