As you might have heard, Michael Lewis has a new book out [Tyler Cowen, Cato panel with Louise Bennetts, Holly Bell and Hester Peirce, Charles Gasparino/NY Post]
We’ve been reporting on Standard & Poor’s contentions for a while (here, here, here), and now allegations have surfaced in a new legal filing [Politico; background from Cato's Mark Calabria]
Marc Hodak: “The golden parachute became popular after passage of the Williams Act [of 1968, which insulated managements against "hostile" takeover offers] because the Act effectively gave CEOs a veto over the acquisition of their firm. … Note that this ‘rent extraction,’ as it’s termed by economists, was not the result of managerial power granted by a lazy or corrupt board to a greedy CEO. This was managerial power created by law.”
My new Cato post tells how on-site feds increasingly direct big business decisions.
P.S. Related thoughts on deferred prosecution agreements from Brandon Garrett and David Zaring at NYT “DealBook.”
Roger Parloff makes the story clearer and more understandable than I’ve seen it anywhere else. [Fortune cover story]
Matt Levine concludes that a large share of it was for making dumb trades, as opposed to intentional malfeasance. (Earlier on whether regulators had taken a bead on Morgan because of chief Jamie Dimon’s perceived bad attitude.) Will Morgan’s admissions materially help plaintiff’s lawyers in the inevitable shareholder class action? Don’t be so sure [Alison Frankel, Reuters] More: WSJ (sees politics), Hank Greenberg via FedSocBlog, Iain Murray.
“Ratings agency Standard and Poor’s (S&P) has claimed the lawsuit filed against it by the US Justice Department was ‘retaliation’ against its decision to downgrade the US’s credit rating.” [BBC; earlier here, here] My Cato colleague Mark Calabria, a specialist on banking and finance issues, sees a pattern at work in which businesses that make life hard for the government get hit with enforcement actions:
Maybe S&P can compare notes with Craig Zucker of Buckyballs fame.
“Standard & Poor’s is trying to show it was unfairly singled out in a $5 billion fraud lawsuit 18 months after it downgraded U.S. sovereign debt. Getting the government to provide supporting evidence will prove difficult.” [Bloomberg Business Week]
“I mean, frankly, I am totally puzzled, given that plaintiffs’ bar in this area uses the Wall Street Journal as their source of clients and cases, right? You guys read it every day, looking for scandal, right? Other people read People Magazine, but you read the Wall Street Journal.” – Judge Naomi Reice Buchwald (S.D.N.Y.), during a proceeding on the LIBOR class actions. [Staci Zaretsky, Above the Law] “And in other news, the Sun rose today.” [@LawyerKitty]
Wait till you see how the market reacts, advises Marc Hodak [Hodak Value]
“Could the only cash payment so far from a credit rating agency in shareholder litigation stemming from the financial crisis go entirely to plaintiffs’ lawyers? It’s entirely possible, based on documents filed this week in consolidated shareholder derivative litigation against Moody’s.” [Nate Raymond, Reuters]
Not a parody: A Columbia University course will give students credit for Occupy Wall Street activism [CBS New York]