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The Student Lawyer and The Race to the Bottom

Dec 2, 2009
The Race to the Bottom got a nice mention in this months edition of the Student Lawyer Magazine, an ABA publication.   As the Student Lawyer describes:    The University of Denver Sturm College of Law –based corporate governance blog, The Race to...

Restoring American Financial Stability Act of 2009: Say on Pay and Golden Parachutes

Dec 2, 2009
The Dodd bill contains a provision that would require say on pay.  The vote is advisory and extends to all companies subject to the proxy rules (any company with 500 shareholdes of record and $10 million in assets).   The provision puts the SEC...

Merck v. Reynolds: Merck v. Reynolds: The Supreme Court, Rule 10b-5, and the Statute of Limitations (A Prediction)

Dec 1, 2009
It is difficult to predict the outcome of a case from the questions at oral argument.  Nonetheless, the tenor of the questioning makes this case possible to predict.  Most of the Justices were active in their questioning, particularly Justice...

Merck v. Reynolds: Merck v. Reynolds: The Supreme Court, Rule 10b-5, and the Statute of Limitations (Faculty Amici and the Meaning of Lampf)

Dec 1, 2009
One of the most puzzling things about this area of law has been the judicial interpretation of the Supreme Court's analysis in Lampf.  Lampf held that under Rule 10b-5, the courts should look to the one year, three year limitations period in Section...

Merck v. Reynolds: Merck v. Reynolds: The Supreme Court, Rule 10b-5, and the Statute of Limitations (Faculty Amici and Plain Meaning)

Dec 1, 2009
The argument in the faculty amicus brief could be summed up in two words:  Plain meaning.  The language of the statute provided that the two year limitations period began to run after discovery.  It did not provide that the limitations period should...


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