Court Casts Constitutional Cloud Over SEC Judges
George Jaresky is a hedge fund manager and conservative radio talk show host. In 2011, the Securities and Exchange Commission began an...


Are Activist Short Sellers Just Talking Their Own Book?
Short selling involves borrowing and then selling shares, placing a bet that they can later be bought back more cheaply to cover what the...


J & J Does the Texas Two Step
Maybe you thought the Texas two step was just a country dance. Not any more. It’s also the name given to a type of merger aimed at...


Google's Cost of Doing Business Got Higher
Google has provided us with a template for how not to deal with a corporate problem, and how to make a bad situation infinitely worse....


Citadel v. SEC: Fast and Furious
The latest battle over high-speed trading is being fought out in one of the nation’s federal appellate courts. The subject this time is a...


Employee or Independent Contractor? It Depends on Who's Asking
The most basic question about the employment relationship is whether a worker is, in fact, an employee or an independent contractor. The...


Suing Your Pension Plan Got More Complicated
The Employee Retirement Income Security Act of 1974 (“ERISA”) is a federal statute whose purpose is to protect the interests of...


Abacus Redux
Remember Abacus? Maybe you don’t. It all happened around the time of the Great Recession, more than a decade ago. Goldman Sachs offered...


The End of Nonunanimous Verdicts and the Persistence of Precedent
In a criminal case in England in 1367, one of the twelve jurors said he’d rather die in prison than vote to convict. As a result, the...


Metals Trading: It's a Racket
The Racketeer Influenced and Corrupt Organizations Act, better known as “RICO,” is a federal law which provides for extended penalties...

