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  • Antitrust
  • Corporate Governance
  • International Business
  • Securities & Corporate Finance

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Recent Publications

   Keynes vs. Hayek: The Clash that Defined Modern Economics - Podcast

Practice Groups Podcasts

Nicholas Wapshott's book examines the vastly divergent economic philosophies of John Maynard Keynes and Friedrich von Hayek. Messrs. Keynes and Hayek studied the normal course of the capitalist business cycle, especially after World War I, but reached radically different opinions about the role governments should play in regulating and ameliorating the effects of the business cycle. These two gentlemen, two of the most influential economic thinkers of the 20th Century, participated in on-going debates about the respective merits of their own philosophies and the demerits of the other's philosophies. Mr. Wapshott examines these debates and expounds on them in this podcast. Featuring Mr. Nicholas Wapshott, Author of Keynes vs. Hayek: The Clash that Defined Modern Economics, and Mr. James A. Haynes of the Professional Responsibility & Legal Education Practice Group Executive Committee and the Baltimore Lawyers Chapter.

 
   SEC Enforcement - Podcast

Practice Groups Podcasts

In a recent case, the Securities & Exchange Commission's consent settlement with Citigroup was rejected by presiding Judge Rakoff of the Federal District Court in Manhattan, calling into question SEC's enforcement regime. What does this decision mean for SEC's normal preference of settling its cases without requiring defendants to admit wrong-doing? Who has ultimate responsibility for protecting investor interests and determining the appropriate regulatory enforcement regime? If the SEC is forced to bring more enforcement actions through litigation, will it ultimately bring fewer enforcement actions? On this previously recorded conference call, the speakers discussed these and other issues and took questions from callers. Featuring Prof. Stephen Bainbridge of UCLA School of Law; Prof. Jonathan Macey of Yale Law School; and Mr. Dean Reuter, Vice President and Director of Practice Groups at The Federalist Society, as the moderator.

 
   Business Roundtable v. SEC and the Future of Proxy Access - Podcast

Practice Groups Podcasts

Although corporations are creatures of state law and corporate elections are governed by state law, statements soliciting proxies for publicly traded securities are governed as to form and content by the federal securities laws, most importantly by various rules promulgated by the Securities and Exchange Commission. Last year, the SEC used its authority under Dodd-Frank to promulgate Rule 14a-11 requiring public companies to include in their proxy statements director nominations proposed by certain shareholders. Soon thereafter, the Business Roundtable and the U.S. Chamber of Commerce sued the SEC, alleging that the Commission's adoption of Rule 14a-11 violated various provisions of federal law. The SEC voluntarily stayed the rule pending the outcome of the litigation. On July 20, 2011, the U.S. Court of Appeals for the D.C. Circuit held for the plaintiffs and vacated Rule 14a-11. On this previously recorded conference call, the speakers provided their analysis of the case, the impact of the decision on the SEC's rulemaking authority and the prospects for shareholder access and took questions from callers. Featuring Mr. Ted Allen of the Institutional Shareholders Services, Inc.; Prof. Stephen Bainbridge of UCLA School of Law; Prof. J. Robert Brown, Jr. of University of Denver Sturm College of Law; Hon. Eugene Scalia of Gibson, Dunn & Crutcher; and Prof. Robert T. Miller of Villanova University School of Law as the moderator.

 
   The Sovereign Shareholder? Government Ownership and Corporate Law Post-Bailout - Event Audio/Video

The Sovereign Shareholder? Government Ownership and Corporate Law Post-Bailout - Event Audio/VideoThe Federalist Society's Facutly Division hosted this panel on "The Sovereign Shareholder? Government Ownership and Corporate Law Post-Bailout" on Thursday, January 5, 2012, during the 14th Annual Faculty Conference. Speakers included Prof. Lynn Stout of UCLA School of Law; Prof. J.W. Verret of George Mason University School of Law; Prof. David Zaring of The Wharton School at the University of Pennsylvania; and Dean Donald Weidner of Florida State University College of Law as the moderator. Introduction by the Honorable Lee Liberman Otis, Senior Vice President & Faculty Division Director at the The Federalist Society.

 
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