Comments for ; provided, however, http://www.providedhowever.com/blog Issues encountered by corporate lawyers Thu, 18 Jun 2009 22:27:12 -0600 hourly 1 Comment on Financial Reform Glossary by Julie Simon http://www.providedhowever.com/blog/2009/06/financial-reform-glossary/comment-page-1/#comment-28 Julie Simon Thu, 18 Jun 2009 22:27:12 +0000 http://www.providedhowever.com/blog/?p=176#comment-28 Michael J. O'Sullivan has begun to create the OED of financial terminology. The printed version of this compendium of terms might not smell as good as a set of OEDs fresh out of the shipping box but it will be phenomenally useful during our country's attempt at reform. Thank you! I am now your biggest fan! Thanks Ezra for the link! Michael J. O’Sullivan has begun to create the OED of financial terminology. The printed version of this compendium of terms might not smell as good as a set of OEDs fresh out of the shipping box but it will be phenomenally useful during our country’s attempt at reform. Thank you! I am now your biggest fan! Thanks Ezra for the link!

]]> Comment on Governance: The Platonic Ideal(s) by Doug Chia http://www.providedhowever.com/blog/2009/06/governance-the-platonic-ideals/comment-page-1/#comment-25 Doug Chia Mon, 15 Jun 2009 20:23:10 +0000 http://www.providedhowever.com/blog/?p=157#comment-25 I think Joe Nocera said it best in his piece about this year's Target Annual Meeting when he said, "And I’m in favor of good corporate governance as much as the next guy. But corporate governance is not an end unto itself; it is supposed to help make the corporation run better." http://bit.ly/TmVxJ I think Joe Nocera said it best in his piece about this year’s Target Annual Meeting when he said, “And I’m in favor of good corporate governance as much as the next guy. But corporate governance is not an end unto itself; it is supposed to help make the corporation run better.” http://bit.ly/TmVxJ

]]> Comment on Why Our Agreements Look Like Crap by Doug Cornelius http://www.providedhowever.com/blog/2009/05/why-our-agreements-look-like-crap/comment-page-1/#comment-16 Doug Cornelius Tue, 26 May 2009 14:04:23 +0000 http://www.providedhowever.com/blog/?p=113#comment-16 My biggest gripe is fully justified text in agreements. Mostly because it is never done properly. The result is wildly different spacing from line to line in the document. For fully justified to work, you need to use hyphenation. Most lawyers are loathe to do the work or allow for extra punctuation (even if it is automated in MS Word). My biggest gripe is fully justified text in agreements. Mostly because it is never done properly. The result is wildly different spacing from line to line in the document.

For fully justified to work, you need to use hyphenation. Most lawyers are loathe to do the work or allow for extra punctuation (even if it is automated in MS Word).

]]> Comment on The More Things Change by charles bartucci http://www.providedhowever.com/blog/2009/05/the-more-things-change/comment-page-1/#comment-6 charles bartucci Mon, 11 May 2009 14:55:20 +0000 http://www.providedhowever.com/blog/?p=50#comment-6 YELLOW KID "WEIL" HE WAS MY GREAT ,GREAT, GREAT GRANDFATHER .MY GREAT GRANDFATHER NAME WAS WILLIAM "WHITIE" SMITH LIVED IN CHICAGO AND WAS A GREAT GRANDPA. YELLOW KID “WEIL” HE WAS MY GREAT ,GREAT, GREAT GRANDFATHER .MY GREAT GRANDFATHER NAME WAS WILLIAM “WHITIE” SMITH LIVED IN CHICAGO AND WAS A GREAT GRANDPA.

]]> Comment on The Great Man Theory and Executive Compensation by Doug Cornelius http://www.providedhowever.com/blog/2009/05/the-great-man-theory/comment-page-1/#comment-4 Doug Cornelius Wed, 06 May 2009 17:10:34 +0000 http://www.providedhowever.com/blog/?p=58#comment-4 We always heap credit on the leaders for the success of their organizations and blame them for their failings. Take football as an example. The quarterbacks get more of the glory and more of the blame. The cameras are on them. The cameras do not see that the receiver was out of position. Personally, since they will get more of the blame, I think there should be some extra reward for it. They key is aligning awards to the long term success of the organization and recognizing the value. One idea that has been floated was aligning bonuses based on performance against peers instead of against the stock price itself. If the company outperforms its peers, there is a reward. Even if that is a negative return. On the other side, a reward is paid on an increase only if the increase outperforms its peers. We always heap credit on the leaders for the success of their organizations and blame them for their failings.

Take football as an example. The quarterbacks get more of the glory and more of the blame. The cameras are on them. The cameras do not see that the receiver was out of position.

Personally, since they will get more of the blame, I think there should be some extra reward for it. They key is aligning awards to the long term success of the organization and recognizing the value.

One idea that has been floated was aligning bonuses based on performance against peers instead of against the stock price itself. If the company outperforms its peers, there is a reward. Even if that is a negative return. On the other side, a reward is paid on an increase only if the increase outperforms its peers.

]]> Comment on As Amended by Anonie http://www.providedhowever.com/blog/2009/04/as-amended/comment-page-1/#comment-3 Anonie Mon, 04 May 2009 14:35:32 +0000 http://www.providedhowever.com/blog/?p=29#comment-3 It's superfluous because of the statute. It’s superfluous because of the statute.

]]> Comment on Sound and Fury by John Baker http://www.providedhowever.com/blog/2009/04/sound-and-fury/comment-page-1/#comment-2 John Baker Thu, 30 Apr 2009 15:14:20 +0000 http://www.providedhowever.com/blog/?p=34#comment-2 "By my compt, that’s three strikes. You know what that means." O.K., I give; what does it mean? That somebody or something is out, presumably, but who or what? Are we going to abolish the title of comptroller, forcing comptrollers to call themselves "chief accounting officers" and the Comptroller of the Currency the "Director of National Banks," or some such? But what about the effect of that on transparency! Or are we going to force a respelling to "controller" (already used by some less literate types)? If we do that, how will people who can pronounce it demonstrate their superiority? “By my compt, that’s three strikes. You know what that means.”

O.K., I give; what does it mean? That somebody or something is out, presumably, but who or what? Are we going to abolish the title of comptroller, forcing comptrollers to call themselves “chief accounting officers” and the Comptroller of the Currency the “Director of National Banks,” or some such? But what about the effect of that on transparency! Or are we going to force a respelling to “controller” (already used by some less literate types)? If we do that, how will people who can pronounce it demonstrate their superiority?

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