Jim Hamilton's World of Securities Regulation: Corporate & Securities Law

Home -> Law Blog Directory -> Corporate & Securities Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Corporate & Securities Law

Jim Hamilton's World of Securities Regulation

Opines on every level of securities regulation (federal, state, international, theoretical) covering market players of all types (e.g., accountants, broker-dealers, foreign issuers, hedge funds, market manipulators) who engage all sorts of transactions and activities (acquisitions, financial reporting, private placements, pyramid schemes). Highlights issues of particular importance to securities lawyers and their clients with emphasis on SEC rulemaking, industry trends, and the many curiosities that inhabit this world.
By Jim Hamilton

Post Frequency: 15.3/day

Last Entry: April 01, 2011 at 16:29:00

Panelists Consider Stonebridge,

Posted on January 29, 2008
Panelists Consider Stonebridge, Tellabs CasesThe Supreme Court's recent decision in Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. (CCH Federal Securities Law Reporter ś94,556) will have a profound impact on private class action process, noted a panel at the Securities Regulation Institute sponsored by Northwestern University Law School...

SEC Official Discusses Executive

Posted on January 29, 2008
SEC Official Discusses Executive Compensation DisclosureThe SEC seeks better executive compensation disclosure, stated Shelley E. Parratt, deputy director of the SEC's Division of Corporation Finance, not longer disclosures. Ms. Parratt spoke at the at the recent annual Securities Regulation Institute in San Diego, California...

SEC Staff Guides on Internal Controls

Posted on January 29, 2008
SEC Staff Guides on Internal Controls Reporting for Acquired BusinessThe SEC staff has given guidance on a FAQ allowing a company to exclude internal controls related to acquired businesses from the scope of management's assessment of internal controls in the first Form 10-K following the business combination...

Rep. Baker to Lead Hedge Fund AssociationRep.

Posted on January 27, 2008
Rep. Baker to Lead Hedge Fund AssociationRep. Richard Baker (R-LA) will become CEO of the Managed Funds Association (MFA), the primary trade association of the hedge fund industry. He will succeed John. Gaine, who will move into a special advisor role and undertake the expansion of MFA?s global outreach with regulators, policy makers and market participants...

To access this complete feed in the blog feed reader login or register for free.

SEC Corp Fin Director Examines

Posted on January 24, 2008
SEC Corp Fin Director Examines Executive Compensation and Shareholder AccessAs the SEC staff?s review of the new executive compensation disclosures in companies' proxy statements is winding down, Corporation Finance Director John White urged companies and their counsel to focus on the idea that disclosure in this area can be clear and understandable yet not meaningful or responsive to the new SEC disclosure regime for executive compensation...

US Supreme Court Rules Trust Investment

Posted on January 24, 2008
US Supreme Court Rules Trust Investment Advisory Fees Not Fully Tax DeductibleA trust cannot fully deduct investment advisory fees it incurred from its federal taxable income, ruled the US Supreme Court, but instead is subject to the 2% floor on deductions...

UK Hedge Fund Working Group Sets

Posted on January 23, 2008
UK Hedge Fund Working Group Sets Standands for Fund ManagersThe UK Hedge Fund Working Group has adopted voluntary standards and best practices for hedge fund managers. The standards are on a comply or explain basis and include valuation, disclosure, and risk management guidelines...

SEC Official Reaffirms Mutual Fund

Posted on January 21, 2008
SEC Official Reaffirms Mutual Fund Advisory Contract Approval ProcessAndrew Donohue, the SEC?s Director of Investment Management has strongly praised the mandated process by which a mutual fund?s independent directors approve the fund?s investment advisory contract...

Corp Fin Director Would Vet Foreign

Posted on January 18, 2008
Corp Fin Director Would Vet Foreign Companies whose Shares Sold Through Mutual RecognitionThese remarks by John White struck me as somewhat revolutionary. As part of mutual recognition of brokers and exchanges, he proposes that the SEC vet the foreign companies whose securities the foreign brokers would bring to the US market and US investors...

Tellabs: Different Standard, Same

Posted on January 18, 2008
Tellabs: Different Standard, Same ResultThe 7th Circuit again found that fraud allegations against Tellabs Inc. raised the required strong inference of scienter under the PSLRA. The U.S. Supreme Court reversed the 7th Circuit panel's earlier decision in June 2007...

White Paper Out on Supreme Court

Posted on January 17, 2008
White Paper Out on Supreme Court Scheme Liability RulingI have prepared a white paper on the Supreme Court?s decision in Stoneridge rejecting scheme liability under Rule 10b-5. Click here for white paper.The opinion has broad implications for the business community and for securities professionals...

Supreme Court Rejects Scheme Liability

Posted on January 15, 2008
Supreme Court Rejects Scheme Liability Theory Under Rule 10b-5Secondary non-speaking actors said to have participated with a company in a securities fraud scheme were not liable in a private action under Rule 10b-5 since the acts of suppliers said to have participated in the fraud were too remote to satisfy the antifraud rule?s reliance requirement...

PCAOB Official Sees Increased Joint

Posted on January 15, 2008
PCAOB Official Sees Increased Joint Inspections with EU Audit OverseersThe PCAOB is committed to cooperation with European Union and other non-US audit regulators and expects to conduct joint inspections in fifteen countries by 2009, according to Rhonda Schnare, Director of the Board?s Office of International Affairs...

SEC Claim Against Hedge Fund Manager

Posted on January 11, 2008
SEC Claim Against Hedge Fund Manager for Illegal PIPES Transactions FailsIn an SEC enforcement action, a federal judge has ruled that a hedge fund manager and the managed funds did not violate Securities Act registration provisions in connection with PIPES transactions...

FASB and IASB Issue First Converged

Posted on January 10, 2008
FASB and IASB Issue First Converged Standard: It's on M&A AccountingIn a significant milestone towards international accounting standards, the FASB and the IASB have issued their first converged accounting standard as part of their long-range convergence initiative...

Basel II Helps Japanese Banks Manage

Posted on January 09, 2008
Basel II Helps Japanese Banks Manage Risks of SecuritizationThe implementation of Basel II has helped Japanese financial institutions to better manage the risk associated with derivatives and other the complex financial products engineered by securitization...

SEC Official Examines IOSCO Accounting

Posted on January 08, 2008
SEC Official Examines IOSCO Accounting and Auditing InitiativesAn SEC official who represents the Commission on IOSCO?s Accounting Subcommittee said that the organization is committed to the development of high quality international auditing standards and uniform international financial reporting standards...

Guidance Proposed on Limiting Auditor

Posted on January 07, 2008
Guidance Proposed on Limiting Auditor LiabilityA very significant event will occur on April 6, 2008. The UK Companies Act will come into force; and with it there will be provisions allowing outside auditors of financial statements to negotiate limits on their liability with client companies...

Euro Central Bank Chief Urges More

Posted on January 06, 2008
Euro Central Bank Chief Urges More Disclosure on SecuritizationIn light of recent market turmoil, European Central Bank President Jean-Claude Trichet has called on the financial industry to provide more public information about securitization. As part of this effort, he emphasized the need for the consistent valuation of complex derivatives and adequate disclosure by banks of their exposures...

Senate Colloquy Clarifies CFTC-FERC

Posted on January 04, 2008
Senate Colloquy Clarifies CFTC-FERC Jurisdiction in Reauthorization BillA colloquy between Sen. Bingaman, Chair of the Energy Committee, and Senators Levin, Harkin and Feinstein clarified the respective jurisdictions of the FERC and the CFTC in the CFTC Reauthorization Act passed last month by the Senate as part of the Farm Bill...

Antitrust Laws Preempted in Short

Posted on January 04, 2008
Antitrust Laws Preempted in Short Sale CaseA firm that engaged in short sales could not pursue antitrust claims against brokerage firms based on allegedly inflated fees paid in connection with the borrowing and purported borrowing of securities for these short sales...

Senate Passes Bill to Close Enron

Posted on January 03, 2008
Senate Passes Bill to Close Enron LoopholeA measure reauthorizing the CFTC and closing the Enron loophole has been tacked on to a bipartisan Farm Bill and passed by the Senate. The Feinstein amendment to the Farm Bill regulates energy transactions that perform a significant price discovery function...

Maine?s Take on Investment Adviser Hedge Clauses and Assets Under Management

Posted on January 03, 2008
Recently, an investment adviser queried the Maine Office of Securities whether a hedge clause such as the following placed in a client?s contract was appropriate:"Except for negligence or malfeasance, or violation of applicable law, neither you nor any of your officers, directors or employees shall be liable hereunder for any action performed or omitted to be performed or for any errors of judgment in managing the account...

Companies Urged to Dialogue with

Posted on January 01, 2008
Companies Urged to Dialogue with SEC Staff on Accounting JudgmentsWith the coming of judgment-driven principles-based standards, the SEC staff urges companies to engage in continuing upward dialogue regarding their accounting judgments made while preparing financial statements...

Walker Report Looks At Private

Posted on December 30, 2007
Walker Report Looks At Private Equity Duties to StakeholdersNoting that business leadership represents the largest concentration of power that is not derived from or accountable to an elected body, the recent Walker report on private equity transparency discusses the legitimizing of corporate power with regard to stakeholders such as employees and suppliers...

Japanese Regulator Proposes Broad

Posted on December 29, 2007
Japanese Regulator Proposes Broad Market ReformsThe Japanese Financial Services Authority has proposed wide-ranging reforms of the markets with a package of securities, banking and taxation changes. The reforms are designed to increase the global competitiveness of Japanese financial markets and increase the diversity of financial products while ensuring market fairness and transparency...

Cox Examines Global Exchanges and

Posted on December 29, 2007
Cox Examines Global Exchanges and MarketsWith global markets growing apace, SEC Chairman Christopher Cox recently addressed the benefits and the challenges posed by global competition among exchanges. He said that it is time for regulators to take collaboration to the next level; from information-sharing, which has traditionally been focused on enforcement, to supervisory matters...

SEC Official Outlines MD&A

Posted on December 27, 2007
SEC Official Outlines MD&A Disclosure on Fair Value in Wake of Sub-Prime CrisisAs negative news about the current credit environment multiples, the MD&A must give investors information about companies' exposure to sub-prime securities or other higher risk loans, noted an SEC official, risks related to off-balance structures which have the potential to become on-balance sheet structures, and exposure to investments that are not easily valued...

SEC and European Commission Seek

Posted on December 25, 2007
SEC and European Commission Seek More Transparency for Sovereign Wealth FundsAs sovereign wealth funds grow larger than all of the world's hedge funds combined, the SEC and European Commission are trying to increase the transparency in the funds while avoiding protectionism...

Treasury and SEC Call for Best

Posted on December 24, 2007
Treasury and SEC Call for Best Practices for Sovereign Wealth FundsSovereign wealth funds have exploded into the regulatory consciousness and the result has been a call from the Treasury and the SEC for best practices for these opaque vehicles. US regulators will work through the vehicle of the President's Working Group on Financial Markts to develop bi-lateral and multilateral initiatives to achieve greater transparency for these sovereign investment pools...

Previous | Next

Related Law Bulletins

When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...

World-renowned Dermatologist Warns Public of Botox Dangers
Beverly Hills, CA: Dr. Arnold Klein, a world-renowned dermatologis...