Board strife compounds failed deal for GFI

Steven Davidoff Solomon writes for The New York Times, February 5, 2015

If the allegations in the filing are true, the failure in the news releases to mention the independent directors’ opposition or the fact that two-fifths of the board was unaware of this recommendation does not exactly meet best practices in disclosure.

Finding the funds for infrastructure improvement

Alan Auerbach interviewed by WBUR, On Point, February 5, 2015

“We’ve seen evidence of collapsing bridges and crumbling highways around the country. There’s no doubt that, as we’ve spent money on a lot of other things in the U.S., infrastructure spending has really lagged behind.”

FCC’s net neutrality plan a win for startups, consumers

James Tuthill quoted in San Francisco Chronicle, February 4, 2015

The FCC’s pending move to treat the Internet as a utility is “a huge win for consumers,” said James Tuthill. … But Tuthill and other analysts say Wheeler’s battle will not be on Capitol Hill but in the courts, as major telecoms are preparing to fight reclassification. Tuthill said it could be “minimum two years in the courts and it could be as many as five.”

Will the Supreme Court’s lethal injection review kill the death penalty?

Megan McCracken quoted in ProPublica, February 4, 2015

“In 2008, all of the states were using a very similar protocol—all the states were using the same three drugs,” McCracken said. “Because some pharmaceutical companies have made their drugs unavailable for executions, the states have been changing their methods.” McCracken considers the botched executions a “consequence of using untested, untried combinations.”

UC Berkeley program on human rights, war crimes wins $1-million grant

Alexa Koenig and Eric Stover quoted in Los Angeles Times, February 4, 2015

The MacArthur grant will establish an endowment for the center and help fund its work on researching and preventing sexual violence, Koenig said. The new endowment will “provide a sense of stability and that makes this really important,” she said.

Eric Stover … said the center is working to ally Silicon Valley companies with international prosecutors on the use of digital videos, emails and other technologies that bolster evidence in trials of those accused of atrocities. Stover said that he was grateful for the MacArthur gift and that he hoped it “will attract others to recognize our work.”

In a sale gone awry, a lesson for other deal makers

Steven Davidoff Solomon writes for The New York Times, February 3, 2015

The prolonged takeover battle for the GFI Group, a New York brokerage firm and clearinghouse, has been littered with missteps by Michael Gooch, its founder and executive chairman, raising the question of why supposedly intelligent leaders time and again do dumb things when they sell their companies.

The next generation of patent claim construction

Peter Menell writes for Daily Journal, February 3, 2015

The court removed interpretation of patent claims from the black box of jury deliberations by holding that the Seventh Amendment jury trial right did not extend to patent claim construction and that trial judges were better equipped than juries to resolve the mixed fact/law controversies inherent in construing disputed patent claim terms.

The first casebook on reproductive rights and justice law

Melissa Murray writes for ACS Blog, January 28, 2015

Limitations on access to contraception and abortion are, by their very nature, efforts to regulate sex and sexuality by curtailing women’s efforts to control reproduction.  The legal regulation of reproduction is merely part of a broader story of efforts to discipline and regulate sex.