Category Archives: Regulations and regulators

Memo to Eliot Spitzer: If Even Harvard’s Own Law Firm is More Loyal to Bain, How Can You Get Good Legal Advice?

The saga of Harvard Management Company’s relationship with its lead law firm, Ropes & Gray, is a cautionary tale for those who like to believe that private equity investors are doing a good job of taking care of their interests. Just follow the money.

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Robert Prasch: The Next Chair of the Federal Reserve Must be a Regulator

If we go by the rumors circulating in the financial press, the Obama Administration is on the verge of selecting a proven failure – Lawrence Summers – to be the next Chair of the Federal Reserve System. We can, and need to, do a lot better than that.

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Wolf Richter: “Who Could Trust Such A Company?” – The Big Fat Lies About Radiation Exposure Of Workers At Fukushima

Yves here. This post is yet another reminder of how most companies’ first line of defense when they have engaged in seriously bad conduct is to lie, no matter how flagrant the lie is. Recall during British Petroleum’s Deepwater Horizon crisis when the oil producer repeatedly and grossly misrepresented the flow rate from its out-of-control well.

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How the AMA Engages in Government-Sanctioned Price Fixing

One of hedge fund manager David Einhorn’s saying is “no matter how bad you think it is, it’s worse.” An article in Washington Monthly, Special Deal by Haley Sweetland Edwards, deep dives into one big and largely hidden reason why medical costs in the US are out of control and are unlikely to be reined in any time soon.

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Germany Keeps Whistling as Iberia Starts to Burn

Yves here. One of my colleagues is back from a month in Europe (a lot of travel, and lots of meetings with economists and political types). I need to debrief him more fully, but his short take was Portugal is clearly in crisis, with Spain and Italy not far behind, and that the political train wrecks will hit faster than the economic ones. Although I can’t see how the former won’t accelerate the arrival of the latter.

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House Republican GSE Bill Would Codify MERS, Pre-Empt Private Property Rights

The top Republican on the House Financial Services Committee has tucked a provision into his mortgage finance reform bill that would create a privately held “National Mortgage Data Repository.” The repository would basically look like MERS, the bank-owned electronic database tracking mortgage transfer. The difference is that, while MERS’ activities have drawn legal challenges across the country, the National Mortgage Data Repository would have the force of statute to carry out the exact same behavior. According to the bill text, any document arising from this repository would be seen as presumptively legal, pre-empting state and federal laws on demonstrating the right to foreclose.

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Banks Win Again: CFTC Caves, SEC Opens Door Wide Open to Fraud

I’m going to be brief, in part because the CFTC’s probable demonstration of lack of gumption is still in play, while the SEC’s was expected but nevertheless appalling. But the bottom line is that even though we seem some intermittent signs of the officialdom recognizing that big banks remain a menace to the health and well-being to the general public*, the measures to constrain them continue to be inadequate.

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On the Poor Definition and Measurement of Corruption

Sadly, we’ve entered into a world where the word “corruption” has become inadequate to describe the many and varied practices of profitable abuse by the powerful and connected of their inferiors. Like the popular (and sadly apocryphal) accounts Inuit with their numerous words for “snow,” we need more refined and granular terminology to describe various types of corruption. Hugh uses “kleptocracy” but that’s a name for a system of governance, not particular behaviors within that system.

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