Corporations, Securities & Antitrust

Corporate Taxation Reform - Podcast

Tue, 08 May 2012 00:00:00 EST

Seth Hanlon, Douglas Holtz-Eakin, Dean A. Reuter

Many observers argue that the corporate income tax is in need of fundamental reform. Is its worldwide scope damaging the ability of the U.S. to compete in foreign markets and retain the headquarters of large, successful multinational firms? Is the corporate tax rate is too high, anti-growth, or too complex? Or are businesses merely paying their fair share, or perhaps not enough? Proponents of reform assert that it could aid investment in the United States, the compensation of U.S. workers, and the overall pace of economic growth in tough economic times. On this previously recorded conference call, the speakers discuss these and other issues and answer questions from the callers. Featuring Mr. Seth Hanlon of the Center for American Progress and Dr. Douglas Holtz-Eakin of the American Action Forum. [Listen now!]

Antitrust Enforcement as Regulation? - Event Audio/Video

Wed, 14 Mar 2012 00:00:00 EST

Ronald A. Cass, James C. Miller, Charles F. "Rick" Rule, Robert Skitol, F. Scott Kieff

The popular press is full of reports of a renewed vigor in parts of our antitrust enforcement regime that address the conduct of leading firms. Investigations have been started or rumored against any number of firms near or at the top of various parts of the technology sector, including Intel, Yahoo, Google, Apple, AT&T, IBM, Facebook, and others. Forbes reported that the number of antitrust cases filed by the Department of Justice rose by 50 percent in 2011. These suits can be costly to defend, and carry large potential fines. Consent decrees negotiated to end such litigation often provide detailed terms and conditions governing the manner in which industry players may and may not conduct business going forward. In this environment, has antitrust enforcement itself become a regulatory mechanism? If so, does it represent the best way to regulate dynamic industries? These and other questions will be addressed by our panel of experts. Featuring The Honorable Ronald A. Cass of Cass & Associates, PC; The Honorable James Miller III of Husch Blackwell LLP; The Honorable Charles "Rick" Rule of Cadwalader Wickersham & Taft LLP; Mr. Robert A. Skitol of Drinker Biddle & Reath LLP; and Prof. F. Scott Kieff of George Washington University Law School as the moderator. [Watch or listen now!]

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

Tue, 07 Feb 2012 00:00:00 EST

Nicholas Wapshott, James A. Haynes

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

Fri, 20 Jan 2012 00:00:00 EST

Stephen Bainbridge, Jonathan R. Macey, Dean A. Reuter

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

Wed, 18 Jan 2012 00:00:00 EST

Ted Allen, Stephen Bainbridge, J. Robert Brown Jr., Eugene Scalia, Robert T. Miller, Dean A. Reuter

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

Thu, 05 Jan 2012 00:00:00 EST

Lynn A. Stout, J.W. Verret, David Zaring, Donald J. Weidner, Lee Liberman Otis

The 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.

Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform - Event Audio/Video

Mon, 14 Nov 2011 00:00:00 EST

David E. Bernstein, Victoria Nourse, David R.J. Stiennon

The Madison Chapter of the Federalist Society for Law and Public Policy Studies hosted a discussion on November 14, 2011 at the Madison Club on the topic of "Rehabilitating Lochner: Defending Individual Rights Against Progressive Reform". Featuring: Prof. David Bernstein of George Mason University School of Law; Prof. Victoria Nourse of University of Wisconsin Law School; and Mr. David R.J. Stiennon of Stiennon & Stiennon as the moderator.

Deficit Reduction and the Role of the Federal Government in Regulating Business - Event Audio/Video

Thu, 10 Nov 2011 00:00:00 EST

Richard A. Epstein, Martin A. Regalia, Heather L. Slavkin, David B. Sentelle

The Corporations, Securities & Antitrust Practice Group hosted this panel on "Deficit Reduction and the Role of the Federal Government in Regulating Business" on Thursday, November 10, 2011, during the 2011 National Lawyers Convention. This panel featured Prof. Richard A. Epstein of New York University School of Law; Dr. Martin A. Regalia of the U.S. Chamber of Commerce; Ms. Heather L. Slavkin of the AFL-CIO's Office of Investment; and JudgeDavid B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit as the moderator.

The Evolution of Competition Policy - Event Audio/Video

Thu, 20 Oct 2011 00:00:00 EST

Douglas H. Ginsburg, Dean A. Reuter

As Mexico continues to emerge as an important economy on the international front, how can it best fashion its laws and policies governing business practices and access to the courts? What issues will the Mexican courts need to address under the new class action law? Should Cofeco urge the courts to adopt a price-squeeze theory of antitrust liability? And how might the resolution of these issues impact businesses and consumers in Mexico. These and other important questions were considered by our experts at The Future of Business Law in Mexico conference, held on October 20, 2011, in Mexico City. Judge Douglas H. Ginsburg of the United States Court of Appeals for the District of Columbia opened the conference with a keynote address on "The Evolution of Competition Policy". He was introduced by Mr. Dean A. Reuter, Vice President & Director of Practice Groups at the Federalist Society.

Antitrust Enforcement and Price Squeeze - Event Audio/Video

Thu, 20 Oct 2011 00:00:00 EST

Luis Felipe Lucatero Govea, George L. Priest, J. Gregory Sidak, Carlos T. Bea

With Cofeco due to issue its final opinion in its recent action against Telcel, this panel will discuss whether the Ley Federal de Competencia Económica (LFCE – Mexico’s Federal Economic Competition Law) can or should be read to include a price-squeeze cause of action, the ramifications of adopting a price-squeeze theory of liability, and the impact of such a decision on businesses and consumers. The panel will also examine how antitrust enforcement in Mexico compares with other countries – what factors should or must be considered as Mexico moves forward? How should Mexico consider consumer interests? This panel was held during The Future of Business Law in Mexico conference on October 20, 2011. Speakers included Mr. Luis Felipe Lucatero Govea, Head of the Unit for Prospective Analysis and Regulation at Mexico's Federal Commission of Telecommunications; Prof. George L. Priest of Yale Law School; Prof. J. Gregory Sidak, Chairman and Founder of Criterion Economics, LLC; and JudgeCarlos T. Bea of the United States Court of Appeals for the Ninth Circuit as the moderator.

Mexico's New Class Action Law - Event Audio/Video

Thu, 20 Oct 2011 00:00:00 EST

Eduardo Facha Garcia, Luis Omar Guerrero Rodriguez, Marco Antonio Najera Martinez, George L. Priest, Carlos T. Bea

This panel will discuss the new class action law in Mexicoand how it compares with class action laws governing other countries. Our panel of experts will provide an overview of the new law along with insights into the many legal issues the Mexican courts will need to address, what companies doing business in Mexico need to do to prepare, and any potential risks of class action "abuse." This panel was held during The Future of Business Law in Mexico conference on October 20, 2011. Speakers included Mr. Eduardo Facha García, Founding Partner of López Melih, González, Facha y Estrada, SC; Mr. Luis Omar Guerrero Rodríguez, Partner at Barrera, Siqueiros y Torres Landa SC and Head of the Antitrust Section of the Mexican Bar Association; Prof. George L. Priest of Yale Law School; and Judge Carlos T. Bea of the United States Court of Appeals for the Ninth Circuit as the moderator.

The Google Review: Regulation of Search Results and More - Event Audio/Video

Mon, 19 Sep 2011 00:00:00 EST

Thomas O. Barnett, James Grimmelmann, Charles F. "Rick" Rule, Berin Szoka, Ronald A. Cass

Google’s business practices are currently under review by the Federal Trade Commission, several state Attorneys General, and the European Commission. Competitors and critics assert that the Google search engine, and its search engine’s results, should be reviewed and potentially regulated by government authorities. Google and its supporters assert that it is merely trying to provide the best answers for consumers. In the fast moving technology space, what role -- if any -- should antitrust authorities play in policing search engine methodology and results? How should regulators respond to allegations of “unfairness?” Most recently, the government’s interest in Google has expanded to include questions about its proposed acquisition of Motorola – what is the proper governmental role here? [Watch or listen now!]

Engage Volume 12, Issue 2, September 2011

Mon, 12 Sep 2011 00:00:00 EST

The September 2011 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

Developments in Whistleblower Laws: Advantage Whistleblower?

Mon, 12 Sep 2011 00:00:00 EST

Larry R. Wood, Richard William Diaz

Whistleblower lawsuits represent one of the fastest-growing segments of the court dockets, and the rapidly changing force of whistleblower laws increasingly poses complex legal and business challenges for employers. Legislative reforms, such as those ushered in by the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or “the Act”) have led commentators to opine that “[t]hese days, there’s a cottage industry to support—and profit from—whistleblowing.” Indeed, in the wake of the recent reforms, lawyers have done everything from advertise in movie theaters to create handbooks to guide whistleblowers through the process. At the same time, regulatory agencies are increasing enforcement efforts—raising the real risk of potential incarceration for a company’s employees and executives...

The First Amendment Online: Search, Privacy & Personalization - Event Audio/Video

Thu, 09 Jun 2011 00:00:00 EST

Richard A. Epstein, James Grimmelmann, Jonathan Masur, Berin Szoka, Diane P. Wood, Trevor K. Copeland

Congress is aflutter with online privacy bills, while arguments for regulating search engines, social networks and other online service providers are gaining traction with consumer protection and competition agencies. Yet policymakers seem to have given little attention to how interventions to protect privacy or competition will affect speech online. Our expert panel will discuss how the First Amendment applies to search engines and the personalization of online services, content and advertising based on user data—once abstract questions that are increasingly becoming central to our culture and economy. Featuring Prof. Richard A. Epstein of New York University School of Law; Prof. James Grimmelman of the Institute for Information Law and Policy at New York Law School; Prof. Jonathan Masur of the University of Chicago Law School; Mr. Berin Szoka of TechFreedom; and JudgeDiane P. Wood of the U.S. Court of Appeals for the Seventh Circuit as the moderator. Introduction by Mr. Trevor K. Copeland of Brinks Hofer Gilson & Lione.

U.S. v. Microsoft, 10 Years Later: Who Won, Who Lost, and Did It Matter? - Event Audio/Video

Mon, 09 May 2011 00:00:00 EST

Phil Malone, Charles F. "Rick" Rule, Douglas H. Ginsburg, David DeGroot

Ten years ago, Microsoft dominated the personal computer market with its ever-expanding operating system. Today, Microsoft is still a formidable company but has re-invigorated rivals (Apple) and unforeseen ones (Google, Facebook). Did the antitrust enforcement action by the Department of Justice and the resultant settlement make any difference to the way technology evolved? Did the consent decree have its intended results? Our panelists will discuss these questions as well as the effectiveness of antitrust remedies in the rapidly-changing world of computer and communication technology. Featuring: Prof. Phil Malone of the Berkman Center for Internet & Society at Harvard University Law School; Mr. Rick Rule of Cadwalader, Wickersham & Taft LLP; and Judge Douglas H. Ginsburg of the U.S. Court of Appeals for the D.C. Circuit as the moderator. Introduction by Mr. David DeGroot of Sheppard Mullin Richter & Hampton LLP and President of the San Francisco Lawyers Chapter.

Engage Volume 11, Issue 3, December 2010

Thu, 23 Dec 2010 00:00:00 EST

The December 2010 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

The Corporate Governance Provisions of Dodd-Frank

Thu, 23 Dec 2010 00:00:00 EST

Stephen Bainbridge

In response to the financial crisis of 2007-2008, Congress passed The Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank” or “the Act”). Most of the Act deals with financial regulation. Six provisions of the Act, however, impose new corporate governance regulations not just on Wall Street banks but also on all Main Street public corporations. A seventh provides limited regulatory relief from § 404 of Sarbanes-Oxley for the smallest public corporations.

The Creeping Federalization of Corporate Governance Law: The Dodd-Frank Bill - Event Audio/Video

Thu, 18 Nov 2010 00:00:00 EST

Paul S. Atkins, Jeffrey P. Mahoney, Brandon Rees, Sarah B. Teslik, Lawrence A. Hamermesh

The Federalist Society's Corporations, Securities, and Antitrust Practice Group hosted this panel discussion on "The Creeping Federalization of Corporate Governance Law: The Dodd-Frank Bill" at the 2010 National Lawyers Convention on Thursday, November 18, 2010. Panelists included Hon. Paul S. Atkins of Patomak Partners and former Commissioner of the U.S. Securities & Exchange Commission; Prof. Jeffrey Mahoney of American University Washington College of Law and the Council of Institutional Investors; Mr. Brandon Rees of the ALF-CIO Office of Investment; Ms. Sarah B. Teslik of the Apache Corporation; and Prof. Lawrence A. Hamermesh of the Office of the Chief Counsel of the U.S. Securities and Exchange Commission and Widener University School of Law as the moderator.

Engage Volume 11, Issue 2, September 2010

Fri, 10 Sep 2010 00:00:00 EST

The September 2010 issue of Engage is now online (exclusively a digital issue). Engage provides original scholarship on current, important legal and policy issues. Through its publication, we aim to contribute to the marketplace of ideas in a way that is collegial, measured, and insightful—and hope to spark a higher level of debate and discussion than we often see in today’s legal community. [Read now!]

Tensions Raised by the Volcker Rule

Mon, 21 May 2012 00:00:00 EST

Michael S. Barr, Jonathan R. Macey

JP Morgan famously reported losses of $2B last quarter, prompting a great deal of discussion about the proper role of regulators in the financial services sector. The Volcker Rule, being promulgated under Dodd-Frank, would limit proprietary trading by certain institutions. But just how easily can industry players and regulators define “proprietary trading,” especially as opposed to legitimate hedging and other risk shifting? Further, will the Volcker Rule single out the U.S. financial services industry by prohibiting activities still permitted by foreign competitors and, if so, with what result? These and other questions will be discussed by our experts. Featuring Prof. Michael S. Barr of the University of Michigan Law School and Prof. Jonathan R. Macey of Yale Law School.

Corporate Taxation Reform

Thu, 12 Apr 2012 00:00:00 EST

Seth Hanlon, Douglas Holtz-Eakin

Many observers argue that the U.S. corporation income tax is in need of fundamental reform. Is its worldwide scope damaging the ability of the U.S. to compete in foreign markets and retain the headquarters of large, successful multinational firms? Is the corporate tax rate is too high, anti-growth, or too complex? Or are businesses merely paying their fair share, or perhaps not enough? Proponents of reform assert that it could aid investment in the United States, the compensation of U.S. workers, and the overall pace of economic growth in tough economic times. These and other issues will be discussed. Featuring Mr. Seth Hanlon of the Center for American Progress and Dr. Douglas Holtz-Eakin of American Action Forum.

Antitrust Enforcement as Regulation?

Tue, 06 Mar 2012 00:00:00 EST

Ronald A. Cass, James C. Miller, Charles F. "Rick" Rule, Robert Skitol, F. Scott Kieff

The popular press is full of reports of a renewed vigor in parts of our antitrust enforcement regime that address the conduct of leading firms. Investigations have been started or rumored against any number of firms near or at the top of various parts of the technology sector, including Intel, Yahoo, Google, Apple, AT&T, IBM, Facebook, and others. Forbes reported that the number of antitrust cases filed by the Department of Justice rose by 50 percent in 2011. These suits can be costly to defend, and carry large potential fines. Consent decrees negotiated to end such litigation often provide detailed terms and conditions governing the manner in which industry players may and may not conduct business going forward. In this environment, has antitrust enforcement itself become a regulatory mechanism? If so, does it represent the best way to regulate dynamic industries? These and other questions will be addressed by our panel of experts. [Register now!]

The Future of Business Law in Mexico

Fri, 07 Oct 2011 00:00:00 EST

Douglas H. Ginsburg, Carlos T. Bea, George L. Priest, J. Gregory Sidak, Eduardo Facha Garcia, Marco Antonio Najera Martinez, Dean A. Reuter, Luis Omar Guerrero Rodriguez, Luis Felipe Lucatero Govea

The Google Review: Regulation of Search Results and More

Wed, 07 Sep 2011 00:00:00 EST

Thomas O. Barnett, James Grimmelmann, Charles F. "Rick" Rule, Berin Szoka

The First Amendment Online: Search, Privacy & Personalization

Fri, 06 May 2011 00:00:00 EST

Richard A. Epstein, James Grimmelmann, Jonathan Masur, Berin Szoka, Diane P. Wood

2010 National Lawyers Convention

Wed, 24 Mar 2010 00:00:00 EST

Barry E. Carter, Maureen K. Ohlhausen, Patrick McSweeney, Antonin Scalia, Dennis G. Jacobs, Marvin Ammori, Paul S. Atkins, John S. Baker, Jr., Randy E. Barnett, Sara Sun Beale, Bradford A. Berenson, Lillian R. BeVier, Carl T. Bogus, James Bopp Jr., Steven G. Calabresi, Michael A. Carvin, Ronald A. Cass, Michael Chertoff, Roger Clegg, Robert D. Cooter, R. Ted Cruz, Frank H. Easterbrook, John C. Eastman, Richard A. Epstein, William N. Eskridge, Jr., David French, Charles Fried, Richard W. Garnett, Michael Gerhardt, C. Boyden Gray, Thomas W. Hazlett, Christine Jolls, Douglas T. Kendall, Lloyd Hitoshi Mayer, Edwin Meese III, Thomas W. Merrill, Paul R. Michel, John O. McGinnis, Barrington D. Parker, Jr., Michael S. Paulsen, Thomas R. Phillips, A. Raymond Randolph, David B. Rivkin, Jr., Mark F. Schultz, Bradley A. Smith, Paul M. Smith, Margaret D. Stock, Thomas J. Tauke, Clifford W. Taylor, Mark Tushnet, Eugene Volokh, Howard Waltzman, Ruth J. Wedgwood, J. Harvie Wilkinson III, Mitch McConnell, Noah D. Bookbinder, Lawrence A. Hamermesh, Brett M. Frischmann, Gigi B. Sohn, Kris W. Kobach, James C. Ho, William H. Pryor Jr., Joel R. Reidenberg, Diane S. Sykes, Jeffrey Bossert Clark, Kenneth T. Cuccinelli, Edith H. Jones, Ronald M. Levin, Victoria A. Lipnic, Roger Martella Jr., Diarmuid F. O'Scannlain, Roger Pilon, Rena I. Steinzor, Sarah B. Teslik, Peter J. Wallison, Arthur E. Wilmarth, John C. Yoo, Michael Barone, Michael S. Lee, Michael J. Madigan, Lanny J. Davis, Brett M. Kavanaugh, Jan Crawford, Carlos T. Bea, Kim Bobo, Shawn H. Chang, Thomas M. Hardiman, Jordan Lorence, Jeffrey P. Mahoney, Robert M. McDowell, Margaret E. McGuinness, Brandon Rees, David B. Sentelle, Jerry E. Smith, David Stras, Jeffrey S. Sutton, C. Gibson Vance, Pete Williams, Michael R. Pence, Daniel E. Lungren, Jeffrey Rosen

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 18 through Saturday, November 20 at the Mayflower Hotel. The theme for this year's convention is "Controlling Government: The Framers, the Tea Parties and the Constitution." The Annual Dinner will take place the evening of Thursday, November 18 at the Omni Shoreham Hotel. [Register now!]

Is Google Monopolizing Something, and If So, What?

Mon, 30 Nov 2009 00:00:00 EST

Scott Cleland, Geoffrey A. Manne, Charles F. "Rick" Rule, Susan Creighton Last June, President Obama's nominee to be the next Assistant Attorney General for Antitrust warned that Google, not Microsoft, is the monopolist of the future. Google contends that this and other concerns are completely misplaced. Join us as a panel of experts discuss whether Google has, in fact, a monoploy. [Register now!]

2009 National Lawyers Convention

Thu, 30 Apr 2009 00:00:00 EST

Samuel A. Alito, Douglas H. Ginsburg, Guido Calabresi, Frank H. Easterbrook, Jefferson B. Sessions III, Paul S. Atkins, Randy E. Barnett, Janice Rogers Brown, Linda Chavez, Mariano-Florentino (Tino) Cu�llar, Susan E. Dudley, Miguel Estrada, Richard A. Epstein, Steve Forbes, Maurice R. Greenberg, Michael S. Greve, Oona Hathaway, Peter N. Kirsanow, David G. Leitch, Michael W. McConnell, Burt Neuborne, Jeremy A. Rabkin, A. Raymond Randolph, Theodore M. Shaw, Stephen Bainbridge, Carlos T. Bea, Stephanie R. Breslow, Fran�ois-Henri Briard, Alan E. Brownstein, Ronald A. Cass, John C. Eastman, C. Boyden Gray, Lisa Heinzerling, Edith H. Jones, David A. Katz, Brett M. Kavanaugh, F. Scott Kieff, Michael Livermore, Ira C. "Chip" Lupu, Paul G. Mahoney, Robert D. McTeer, Michael J. Meurer, Geoffrey P. Miller, Alan B. Morrison, Diarmuid F. O'Scannlain, Michael Paese, Harvey L. Pitt, William H. Pryor Jr., Lucas "Scot" A. Powe Jr., Jamin Ben Raskin, Daniel B. Ravicher, Andrew J. Redleaf, Roberta Romano, David B. Sentelle, Catherine M. Sharkey, Amity Shlaes, Damon A. Silvers, Jerry E. Smith, Gigi B. Sohn, Ilya Somin, Bret Stephens, Jeffrey S. Sutton, Diane S. Sykes, Daniel E. Troy, J.W. Verret, Steven M.H. Wallman, John P. Walters, W. Bradley Wendel, Shirley J. Wilcher, J. Harvie Wilkinson III, Stephen F. Williams, Todd J. Zywicki, John A. Allison, John S. Baker, Jr., Jennifer Walker Elrod, Malcolm M. Feeley, Thomas W. Hazlett, Roderick M. Hills Jr., Brian H. Hook, Daryl Joseffer, Annette L. Nazareth, Aryeh Neier, Jed Rubenfeld, Robert P. Young, Jr., David Zaring, Mark R. Levin, Thomas M. Hardiman, John F. Manning, William Black, Cornish F. Hitchcock, Steven J. Law, Harold Meyerson, Alex J. Pollock, Andrew L. Stern, Michael B. Mukasey, David Berenbaum, Robert M. McDowell, Mark F. Schultz, David M. McIntosh, Kyle E. McSlarrow, Seton Motley, Laura M. Olson, Marvin Ammori

The Federalist Society's National Lawyers Convention is scheduled for Thursday, November 12 through Saturday, November 14 at the Mayflower Hotel. The theme for this year's convention is "The Federal Government's Economic Role in our Constitutional System." The Annual Dinner will take place the evening of Thursday, November 12 at the Omni Shoreham Hotel. [Register now!]

The Financial Services Bailout: Cause, Effect and the Limits of Government Action

Tue, 10 Mar 2009 00:00:00 EST

James Carr, Timothy Canova, John C. Eastman, Bert Ely, Ronald A. Cass, Jeb Hensarling, Alex J. Pollock, John Weicher, David Berenbaum, Wayne A. Abernathy, Louis Michael Seidman

The government bailout raises a multitude of thorny questions that remain unanswered: What caused the crisis? What is the best way to fix the problems? Is there a clear path to return to a free market? What are the limits of federal government authority in this area and, do those limits expand in the time of a "crisis"? Our panel of legal experts will discuss these and other issues. [Register now!]

Stockholders at the Wheel: Shareholder Access Rule

Wed, 10 Sep 2008 00:00:00 EST

Stephen Bainbridge, Damon A. Silvers, John Olson, E. Norman Veasey, Brett M. Kavanaugh The SEC recently adopted an amendment governing a company's ability to exclude certain shareholder proposals from company proxy materials. Shareholder access to proxy materials implicates important values on both sides of a continuing controversy: perrmitting access to the company's proxy materials would arguably facilitate nomination and election of directors by shareholders, but at what cost? [Register now!]

Securities Litigation Reform

Tue, 17 Jun 2008 00:00:00 EST

John Cornyn On May 19, William Lerach, formerly of the law firm of Milberg, Weiss, Bershad, Hynes & Lerach LLP, began his prison sentence for his role in a $250 million illegal kickback scheme. On the same day, Senator John Cornyn (R-TX), citing the possibility of widespread criminal practice in the area of securities class action law, introduced the Securities Litigation Attorney Accountability and Transparency Act (S. 3033). This legislation would require the disclosure of payments between plaintiffs and attorneys, the competitive bidding as a factor for the selection of lead counsel, and a GAO study to determine appropriate attorneys fees. Advocates argue that these reforms are essential to update securities class action law. Opponents argue that the Act is unnecessary and overstates the current level of abuse. Please join us for an address by Senator Cornyn on this important issue. [Register now!]

Assessing Recent FTC Merger Litigation: One Win, One Loss, and One Tie

Mon, 19 May 2008 00:00:00 EST

John T. Delacourt, Paul T. Denis, Chul Pak, Edwin S. Rockefeller, Margaret A. Ward The Federal Trade Commission, which appeared to be in the midst of a losing streak with respect to merger challenges as early as last summer, has worked its way back to a more respectable ratio of wins and losses. FTC challenges to mergers of entities as diverse as natural gas utilities, organic grocery stores, and hospitals have raised a host of issues that are likely to impact merger practice for years to come. Equitable Resources/Peoples Natural Gas was a (belated) victory for antitrust enforcement in regulated industries, Whole Foods/Wild Oats was a defeat (for now) for narrow market definitions, and Evanston Northwestern/Highland Park proved that a challenge to a consummated hospital merger could succeed... though the nature of the remedy has caused critics to question the value of that victory. What do these three cases tell us about the state of current FTC merger practice? Is the Commission challenging the right transactions and protecting consumers? Are the courts functioning as an unnecessary obstacle to merger enforcement or an appropriate check on agency authority? Join our panel of experts for a discussion of these issues and more. [Register now!]

2007 National Lawyers Convention

Fri, 16 Mar 2007 00:00:00 EST

Samuel A. Alito, Randy E. Barnett, Robert H. Bork, Frank H. Easterbrook, Richard A. Epstein, Charles Fried, Jamie Gorelick, Gail Heriot, Neal K. Katyal, Alex Kozinski, Andrew C. McCarthy, Michael W. McConnell, Edwin Meese III, Theodore B. Olson, Walter K. Olson, Stephen Reinhardt, John G. Roberts Jr., Antonin Scalia, Phyllis Schlafly, Jay Alan Sekulow, Nadine Strossen, George J. Terwilliger III, David C. Vladeck, Eugene Volokh, Akhil Reed Amar, Robert Audi, John S. Baker, Jr., Michael Barone, Bob Barr, Carlos T. Bea, Fran�ois-Henri Briard, Janice Rogers Brown, James S. Burling, Steven G. Calabresi, Lawrence W. Casey, Ronald A. Cass, Brett M. Kavanaugh This year marks the 25th Anniversary of the Federalist Society and on November 15-17 we will be celebrating this milestone during our Annual National Lawyers Convention. The theme for this year's convention is "Shining City Upon a Hill: American Exceptionalism." In addition to the numerous panels containing noted legal experts and scholars from across the political spectrum, The convention will also feature the Seventh Annual Barbara K. Olson Memorial Lecture, to be delivered by Chief Justice John Roberts. The highlight of the convention will be the 25th Anniversary Gala, attended by many more special guests, which will be held in the Main Hall of Washington, DC's Union Station.
[Register now!]

Scheme Liability, Section 10(b), and Stoneridge Investment Partners v. Scientific Atlanta

Tue, 18 Sep 2007 00:00:00 EST

Stephen Bainbridge, Barbara Black, J. Robert Brown Jr., Eric A. Isaacson, Richard W. Painter, Ashley C. Parrish, Andrea Seidt On October 9, the U.S. Supreme Court will hear Stoneridge Investment Partners v. Scientific-Atlanta, arguably the most important securities law case to reach the Court in a decade. In Stoneridge, the Court will consider whether primary liability under Section 10(b) extends to third-parties, such as auditors, attorneys, or vendors, who engage in allegedly fraudulent transactions with a public corporation. [Click here for more...]

Contingency Fees in Class Action Lawsuits

Mon, 11 Jun 2007 00:00:00 EST

Speakers:

John Beisner, O'Melveny & Myers
Ted Frank, American Enterprise Institute
Charles Stuckey, State Farm

How Should the Courts Interpret Split Decisions?

Tue, 19 Jun 2007 00:00:00 EST

The Supreme Court occasionally renders plurality opinions, which may involve 4-1-4 decisions or any number of other formulations of justices where no clear majority on particular issues emerges. These plurality opinions often address significant issues yet, due to the lack of a clear majority, are difficult for the lower courts, the regulated community, and practitioners to interpret and apply. On June 21, the Federalist Society presented a live audiocast of a panel of experts who discussed these issues and more. [Click here to listen to a replay of this event]

Contingency Fees in Class Action Lawsuits

Mon, 11 Jun 2007 00:00:00 EST

Speakers:

John Beisner, O'Melveny & Myers
Ted Frank, American Enterprise Institute
Charles Stuckey, State Farm