On Corporate Compliance

My colleague and friend Miriam Baer has posted her latest piece, Governing Corporate Compliance (soon to appear in the Boston College Law Review), on SSRN. Here’s the abstract:
In light of the financial meltdown of 2008, it is reasonable to question whether the prior decade’s emphasis on corporate compliance – the internal programs that corporations adopt [...]

Will Section 230 Protect Bloggers From the FTC?

The Federal Trade Commission has proposed to mandate disclosure of connections between bloggers and advertisers (those selling stuff) under its Section 5 authority, which enables the Commission to prohibit “unfair or deceptive acts or practices” in commerce. In short, the FTC seeks to hold advertisers and endorsers (those would be the bloggers) liable for 1) [...]

Is Corporate Compliance Deceitful?

My friend and colleague Miriam Baer, an expert on corporate compliance and criminal law, thinks that it is – and that we should be more skeptical of compliance (a favorite buzzword post-Enron and post-meltdown). The clash between transparency and compliance is a troubling one that I hadn’t thought about before; Miriam’s paper is an important [...]

Tax Breaks and Special Interests

My colleague Rebecca Kysar, an expert on taxation and on statutory interpretation, has a post on Paul Caron’s TaxProf Blog about how courts should interpret laws (known as “transition rules”) that provide tax advantages to certain, targeted taxpayers. Unsurprisingly, these payers often employ lobbyists to help them obtain such rules. This raises a number of [...]

The Future of America’s Auto Industry

It doesn’t look good. My colleague Ted Janger, an expert on bankruptcy law, offered insights to NPR’s “On Point” (out of WBUR in Boston) this morning. You can listen to the show on-line. What’s scary is that bankruptcy may be the least frightening option for GM and Chrysler…

Shareholders Question ISP Network Management

A coalition of investors anchored by the New York City pension funds has filed resolutions for consideration at the 2009 annual shareholder meetings of major internet service providers, seeking more information about their network management practices and impacts on customer’s privacy and free expression. In particular, the group wants to know more about deep packet [...]

Tech Companies Called on The Carpet in DC. Again.

Google, Yahoo!, and Cisco faced questions from the subcommittee on human rights (part of the Senate Judiciary Committee) about their role in China’s Internet censorship system. Cisco was in particularly hot water after an internal document surfaced – it discusses how Cisco technology can “Combat ‘Falun Gong’ evil religion and other hostiles.” Senator Dick Durbin [...]

NYT Fouls Up Fair Use

I start most mornings, especially on weekends, by reading the New York Times. In my household, I get made fun of for reading the Business section first (that’s where the tech stories reside). Sometimes that can be a bad idea, like today, when I read the story on the Harry Potter lawsuit and began yelling [...]

The Real Deal: Brilliant New M&A Blog

My Wayne State colleague and friend Steve Davidoff debuts today at the Deal Professor blog on the New York Times site. This is a coup not only for Steve – who writes the most lucid mergers & acquisitions / corporate law analysis available – but for the NYT, and for those of us trying to [...]

Steve Davidoff on Sallie Mae

Student loans are either a monthly expense or a painful memory for most of us. I had a brief two-week interregnum between Lotus and law school where I was free from student debt. Ah, those were the days!
Education lender Sallie Mae is up for sale, and it appears that the buyers are backing out. My [...]

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