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Ribstein: Goldman Suit Is Political

by Roger Donway
Jul 19, 2010

The invaluable Larry Ribstein (who left his personal "Ideoblog" for the excellent group effort "Truth on the Market") offers the definitive first-take on the Goldman case from the perspective of a busiiness-law professor.  His key conclusion is that this suit was, in effect, the governmental version of a "strike suit," the term used when private individuals go after a corporation in the expectation that it will settle and they can pocket their gains without having to prove wrongdoing in court. But, as Ribstein writes: "Instead of attorneys’ fees, the SEC’s objective appears to have been purely political." And part of that political objective, as he notes, was to alter the obligations that a corporation has to others. Exactly. The purpose was to move the American economy away from the stand-alone individualism of the capitalist system to the paternalistic collectivism of a feaudalistic-seigneurial system.

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