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Securities Law Prof Blog 

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Post Frequency: 38.1/day Last Entry: March 31, 2011 at 16:18:26 Recent Entries: 3007
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Morris Pleads Guilty in New York's "Pay to Play" Kickback Scheme
Posted on November 22, 2010New York AG announced a felony guilty plea by Henry ?Hank? Morris, the chief political adviser to former Comptroller of the State of New York Alan Hevesi, for his involvement in a pay-to-play kickback scheme at the Office of the...
Jones on the Future of the SEC
Posted on November 21, 2010Will the SEC Survive Financial Regulatory Reform?, by Renee M. Jones, Boston College - Law School, was recently posted on SSRN. Here is the abstract: The Securities and Exchange Commission?s (?SEC?) conspicuous failures during the financial crisis of 2008 have...
Gibson on Regulating OTC Derivatives Swaps
Posted on November 21, 2010Clearing and Trade Execution Requirements for OTC Derivatives Swaps Under the Frank-Dodd Wall Street Reform and Consumer Protection Act, by Willa E. Gibson, University of Akron - School of Law, was recently posted on SSRN. Here is the abstract: This....
SEC Proposes Two Sets of Rules for Security-Based Swaps
Posted on November 20, 2010At its open meeting on Friday, the SEC proposed two sets of rules relating to security-based swaps. The first would require security-based swap data repositories (SDRs) to register with the SEC. The proposed rules also lay out other requirements with...
Wells Pays Citi $100 Million to Settle Wachovia Dispute
Posted on November 19, 2010Wells Fargo and Citigroup settled their dispute arising from Wells' acquisition of Wachovia after Citigroup had offered to buy Wachovia in October 2008. Wells will pay Citi $100 million.
SEC Proposes New Rules on Investment Adviser Oversight
Posted on November 19, 2010At its open meeting today the SEC voted to propose new rules to strengthen the SEC's oversight of investment advisers and fill key gaps in the regulatory landscape. The SEC's proposed rules would implement provisions of the Dodd-Frank Wall Street...
SEC Charges Two Former Madoff Employees with Involvement in Ponzi Scheme
Posted on November 18, 2010The SEC charged two longtime employees at Bernard L. Madoff Investment Securities LLC (BMIS) with playing key roles in the Madoff Ponzi scheme. One employee produced phony account statements for investors and feathered her own accounts for personal gain, while...
Rattner Settles SEC Charges for $6.2 Million; New York AG Seeks Lifetime Ban from Securities Industry
Posted on November 18, 2010The much-anticipated settlement between the SEC and the former Car Czar, Steven Rattner, was announced today, and the New York Attorney General announced it had filed two actions against Rattner. In the SEC settlement, Rattner agreed to settle the SEC?s...
SEC Grants Accelerated Approval of New FINRA Suitability Rule
Posted on November 18, 2010The SEC granted approval, on an accelerated basis, to FINRA's proposed rule change to adopt FINRA Rule 2090 (Know Your Customer) and FINRA Rule 2111 (Suitability) in the consolidated FINRA rulebook. FINRA originally filed with the SEC the proposed rule...
SEC Takes Up Investment Advisers, Security-Based Swaps at Nov. 19 Meeting
Posted on November 18, 2010SEC Open Meeting Agenda for November 19, 2010 Item 1: Rules Implementing Amendments to the Investment Advisers Act of 1940 Item 2: Exemptions for Advisers to Venture Capital Funds, Private Fund Advisers With Less Than $150 Million in Assets Under...
U.S. Expects to Sell Half its GM Shares at $33
Posted on November 17, 2010The U.S. Department of the Treasury announced today that it has agreed to sell 358,546,795 shares of its General Motors (GM) common stock at $33.00 per share, as part of GM's initial public offering. The underwriters in the offering have...
Former Kmart CEO Ordered to Pay $5.5 Million
Posted on November 17, 2010On November 15, 2010, the United States District Court for the Eastern District of Michigan entered an Amended Final Judgment against Charles C. Conaway, the former Chief Executive Officer of Kmart Corporation, ordering that he pay disgorgement of $3 million,...
Two New York Firms Settle SEC Charges Involving Failure to Protect Non-Public Information
Posted on November 17, 2010The SEC settled charges that two affiliated New York-based firms and their former chief compliance officer failed to have adequate policies and procedures to prevent misuse of nonpublic information. One of the firms - investment adviser Buckingham Capital Management Inc...
GAO Report Underscores Need to Address Long-Term Sustainability of Government's Fiscal Policies
Posted on November 16, 2010Since 1992, GAO has published long-term fiscal simulations showing federal deficits and debt levels under both "Baseline Extended" and an "Alternative" set of assumptions. GAO has regularly updated these twice a year. GAO developed its long-term model in response to...
GAO Finds Improvements in TARP Financial Reporting
Posted on November 16, 2010The Emergency Economic Stabilization Act of 2008 (EESA), which authorized the Secretary of the Treasury to implement the Troubled Asset Relief Program (TARP) and established the Office of Financial Stability (OFS), requires the annual preparation of financial statements for TARP,...
GAO Finds Failure of Internal Controls at SEC
Posted on November 16, 2010The SEC is required to prepare and submit to Congress and the Office of Management and Budget audited financial statements. GAO, under its audit authority, audited SEC?s financial statements to determine whether (1) the financial statements are fairly stated, and...
Law Profs File Amicus Brief in Case Addressing Definition of Materiality
Posted on November 15, 2010In January the Supreme Court will hear oral argument in Matrixx Initiatives Inc. v. Siracusano, a securities fraud action that addresses again the definition of materiality under Rule 10b-5. The issue is whether the application of a test of statistical...
SEC Releases its Annual Report
Posted on November 15, 2010The SEC posted on its website its 2010 Performance and Accountability Report.
SEC Announces Agenda for Nov. 19 Open Meeting
Posted on November 15, 2010The SEC announced the subject matter of its next Open Meeting, on November 19, 2010: The Commission will consider whether to propose new rules and rule amendments under the Investment Advisers Act of 1940 to implement provisions of the Dodd-Frank...
Zaring on Resolution Authority
Posted on November 14, 2010A Lack of Resolution, by David T. Zaring, University of Pennsylvania - Legal Studies Department, was recently posted on SSRN. Here is the abstract: The failure to resolve ? that is, impose a quick death penalty on ? enormous financial...
Schwarcz on Securitization
Posted on November 14, 2010Leverhulme Lecture: The Future of Securitization, by Steven L. Schwarcz, Duke University - School of Law, was recently posted on SSRN. Here is the abstract: The securitization of subprime mortgage loans is widely viewed as a root cause of the...
Eisenberg & Miller on Attorney Fee Clauses
Posted on November 14, 2010The English vs. The American Rule on Attorneys Fees: An Empirical Study of Attorney Fee Clauses in Publicly-Held Companies? Contracts, by Theodore Eisenberg, Cornell University - School of Law, and Geoffrey P. Miller, New York University - School of Law,...
Bebchuk et alia on Staggered Boards
Posted on November 14, 2010Staggered Boards and the Wealth of Shareholders: Evidence from a Natural Experiment, by Lucian A. Bebchuk, Harvard University - Harvard Law School; National Bureau of Economic Research (NBER); European Corporate Governance Institute (ECGI); Alma Cohen, Tel Aviv University - Eitan...
SEC Charges Additional Defendants in Insider Trading Rings
Posted on November 13, 2010The SEC announced that it had charged additional defendants in its ongoing investigations related to two enforcement actions, SEC v. Galleon Management, LP, et al., 09-CV-8811 (S.D.N.Y.) (JSR) and SEC v. Cutillo, et al., 09-CV-9208 (S.D.N.Y.) (RJS). The insider trading...
SEC Announces Speakers for Nov. 18 Small Business Forum
Posted on November 12, 2010The SEC has posted on its website the agenda and list of speakers for its 2010 SEC Government-Business Forum on Small Business Capital Formation, to be held on November 18, 2010.
SEC Bars Attorney for Unethical and Improper Professional Conduct
Posted on November 11, 2010The SEC recently determined that an attorney who engaged in unethical and improper professional conduct while representing prospective witness in Commission administrative proceeding, in violation of state bar disciplinary rules, should be permanently barred from appearing or practicing before the...
Rabbi Convicted of Trying to Extort Hedge Fund
Posted on November 10, 2010The dean of a Hebrew day school in Brooklyn, Rabbi Milton Balkany, was convicted of trying to extort $4 million for his school from SAC Capital Advisers, a hedge fund, and its founder Stephen A. Cohen. The jury found that...
Charles Schwab Terminates Settlement Over YieldPlus Fund
Posted on November 10, 2010On November 8 Charles Schwab announced that it was invoking the termination clauses in settlement agreements in a consolidated class action lawsuit relating to the Schwab YieldPlus Fund®. Schwab also filed with the court a notice of withdrawal from the...
SEC Issues Cease and Desist Order Against Former President of NRSRO
Posted on November 09, 2010The SEC issued an administrative Cease-And-Desist Order against Damyon Mouzon, the former President of registered Nationally Recognized Statistical Rating Agency (NRSRO) LACE Financial Corporation (LACE). The Order finds that Mouzon was a cause of LACE's misrepresentations in its application to...
FINRA Fines Goldman Sachs For Failing to Disclose Tourre's Wells Notice
Posted on November 09, 2010FINRA has fined Goldman, Sachs & Co. $650,000 for failing to disclose that two of its registered representatives, including Fabrice Tourre, had received formal notices from the SEC that they were the subjects of investigations. Tourre's "Wells Notice" was issued...
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If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
Can I substitue photo of people in blog
no...
Where can I read more about the latest Compliance Alert issued by the U.S. Securities and Exchange Commission?
You can read more on SEC website http://sec.gov/about/offices/ocie/complialert07...

If a person defames me and threatens me to pay a bill that they made and it is posted to others besides myself, can I sue ?
The documentation of your actions in this case pretty much preclude any legal ac...
Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
Can I substitue photo of people in blog
no...
Where can I read more about the latest Compliance Alert issued by the U.S. Securities and Exchange Commission?
You can read more on SEC website http://sec.gov/about/offices/ocie/complialert07...








