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Former Dow Jones Director In Settlement Talks with SEC

Posted on January 28, 2008
David Li, CEO of the Bank of East Asia and former director of Dow Jones & Co., reportedly will soon settle with the SEC allegations that he was involved in trading on inside information before the public announcement that News...


Sallie Mae Settles Suit for New Financing

Posted on January 28, 2008
Sallie Mae settled its lawsuit against the former buyers who backed out of the $25 billion buyout and claimed that new legislation cutting federal subsidies to student lenders was a material adverse change that allowed them to walk away without...


Two Hedge Funds Seek to Elect 4 Directors to NY Times

Posted on January 28, 2008
Two hedge funds, Firebrand Partners and Harbinger Capital Partners, owning 4.9% stake in the New York Times, announced their intent to name four directors. In a letter to the Times, Firebrand said it wanted the company to sell some assets...


Countrywide Financial ECO Will Forfeit $37.5 Million in Severance Pay, Benefits

Posted on January 28, 2008
Angelo Mozilo, chair and CEO of mortgage lender Countrywide Financial Corp., and the public face of the mortgage crisis, will forfeit $37.5 million of severance pay and benefits in response to political outrage. He is expected to step down when...


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Black on Retail Investors

Posted on January 27, 2008
Are Retail Investors Better Off Today?, by BARBARA BLACK, University of Cincinnati - College of Law, was recently posted on SSRN. Here is the abstract: In recent years, investors' attitudes towards the securities industry plummeted, in reaction to both the...


Simmons on Delaware's Dominance in the Market for Corporate Law

Posted on January 27, 2008
Branding the Small Wonder: Delaware's Dominance and the Market for Corporate Law, by OMARI SCOTT SIMMONS, Wake Forest University School of Law, was recently posted on SSRN. Here is the abstract: The Delaware brand is to corporate law what Google...


Huang on Hedge Fund's Role in LBOs

Posted on January 27, 2008
When Bad Stocks Make Good Investments: The Role of Hedge Funds in Leveraged Buyouts, by JIEKUN HUANG, Boston College - Department of Finance, was recently posted on SSRN. Here is the abstract: I examine the role of hedge funds in...


Choi, Fisch & Pritchard on Attorneys as SRO Securities Arbitrators

Posted on January 27, 2008
Attorneys as Arbitrators, by STEPHEN J. CHOI, New York University - School of Law, JILL E. FISCH, Fordham University - School of Law, ADAM C. PRITCHARD, University of Michigan Law School, was recently posted on SSRN. Here is the abstract:...


Brown & Gopalan on Del. 102(b)(7) Waiver of Liability Provisions

Posted on January 27, 2008
Opting Only in: Contractarians, Waiver of Liability Provisions, and the Race to the Bottom, by J. ROBERT BROWN Jr., University of Denver Sturm College of Law, and SANDEEP GOPALAN, Arizona State University - College of Law, was recently posted on...


South Texas Seeks Faculty Visitors

Posted on January 25, 2008
South Texas College of Law seeks one or more visitors for either or both semesters of the 2008-09 academic year. Priority will be given to applicants interested in teaching torts, evidence, and business courses (e.g., corporations, agency and partnership, securities...


SEC Publishes Small Entity Compliance Guide

Posted on January 25, 2008
The SEC published on its website a "small entity compliance guide" prepared by SEC staff to summarize and explain the changeover to the SEC's new Smaller Reporting Company System by Small Business Issuers and Non-Accelerated Filer Companies.


New York's Efforts to Bail Out Bond Insurers Hits a Snag

Posted on January 25, 2008
As New York State Insurance Superintendent Eric Dinallo explores ways to bail out the bond insurers that guarantee municipal bonds and other debt, he is encountering resistance from Wall St. Part of the problem is that the firms may not...


SEC's Atkins on Stoneridge

Posted on January 25, 2008
SEC Commissioner Paul S. Atkins says Stoneridge, far from being an anti-investor decision, upholds the rule of law and protects investors from the greedy securities plaintiffs' bar, in a commentary in today's WSJ, Stoneridge and the Rule of Law.


SWFs and Political Acceptance

Posted on January 25, 2008
Politicians, academics and the general public will at some time perhaps debate the effect sovereign wealth funds are likely to have both on the companies they are investing in and more generally the U.S. economy, but to date all have...


Corporations Drop Stock Buybacks

Posted on January 24, 2008
Why aren't there any stock repurchase programs when investors could really use them? Corporations frequently buy their own shares in the open market as a way of maintaining the stock price, yet buybacks are down. A Wall St. Journal article...


Possible Bailout of Bond Insurers is Discussed

Posted on January 24, 2008
New York state insurance regulators are trying to solve one of Wall St.'s biggest concerns -- the solvency of bond insurers Ambac Financial Group and MBIA, Inc. Bond insurers guarantee the principal and interest payments of municipal bonds. Both have...


Societe General Reports Futures Hedging Losses

Posted on January 24, 2008
Societe General, France's second largest bank, announced a $7.16 billion write-down due to "massive fraudulent directional positions" by a single trader in charge of futures hedging on European equity market indices. The unnamed trader concealed losses through an elaborate scheme...


Corporation Finance's Plans for 2008

Posted on January 24, 2008
John W. White, Director, Division of Corporation Finance,SEC, spoke on Corporation Finance in 2008 ? A Focus on Financial Reporting, at 35th Annual Securities Regulation Institute, San Diego, California, on January 23, 2008. In his remarks, he identified: two themes...


SEC Settles Pump & Dump Scheme Involving Aimsi Technologies

Posted on January 24, 2008
The SEC settled an enforcement action alleging a deliberate "pump and dump" scheme to defraud investors in the stock of Aimsi Technologies, against Defendants Aimsi Technologies, Inc. and Winfred Fields. The SEC filed its action on an emergency basis on...


SEC Is Looking into Stock Sales by Sallie Mae Officers and Directors

Posted on January 23, 2008
In addition to its financial difficulties, Sallie Mae disclosed that the SEC has sought information about the company's disclosures and actions last December when some of the company's officers and directors sold their Sallie Mae shares. WSJ, SLM Swings to...


SEC Settles Backdating Charges Against Former Monster CEO

Posted on January 23, 2008
The SEC announced a settled enforcement action against Andrew J. McKelvey, the former Chief Executive Officer of Monster Worldwide, Inc., for his participation in a multi-year scheme to secretly backdate stock options granted to Monster officers, directors and employees...


Bayou Co-Founder Sentenced for Fraud

Posted on January 23, 2008
James G. Marquez, co-founder of several Bayou Management hedge funds, was sentenced to 51 months in prison and ordered to pay $6.26 million in restitution for scheming to defraud investors into investing in the funds by misrepresenting their profitability...


Reactions to Denial of Cert in Enron

Posted on January 23, 2008
Reactions to the Supreme Court's denial of cert in the Enron appeal: "Our thinking was, if there was room for private actions, we'd be in a situation of a litigation free-for-all, that there'd really be no limiting principle here," said...


Lawsuits Follow Market Crash

Posted on January 22, 2008
The New York Times provides a catalogue of the various types of lawsuits, brought by both regulators and private parties, resulting from the collapse of the mortgage-related securities markets. The common theme is whether lenders and investment banks provided sufficient...


SEC's Nazareth Leaving Jan. 31

Posted on January 22, 2008
SEC Commissioner Annette Nazareth, the lone Democrat, is leaving Jan. 31 to pursue other professional opportunities in the private sector. Ms. Nazareth has been at the SEC first as staff attorney then as Commissioner for nearly a decade. She was...


Wachovia's Directors Asked About Risk Policies

Posted on January 22, 2008
CtW Investment Group, an affiliate of a coalition of labor unions called "Change to Win," sent letters to the four directors who are members of Wachovia's Risk Committee, asking them to describe what they did to protect shareholders from excess...


SEC Settles Insider Trading Charges Against Former OrthoClear Director

Posted on January 22, 2008
The SEC filed insider trading charges against a former director of San Francisco-based company OrthoClear Holdings, Inc., alleging that he netted nearly $1.5 million by trading on confidential company information. According to the SEC, Saiyed Atiq Raza was informed in...


Supreme Court Denies Cert in Enron Case

Posted on January 22, 2008
For those who had some hope that the Supreme Court's Stoneridge opinion would allow an opportunity to distinguish Enron because the defendants in the latter case are investment bankers and the transactions thus were not the "ordinary" commercial transactions involved...


New York's Commission to Modernize Financial Services Regulation

Posted on January 21, 2008
New York Governor Eliot Spitzer has joined the chorus advocating "principles-based regulation" as a cure for what ails the financial services industry. On Jan. 18, the Governor hosted the first meeting of the Commission to Modernize the Regulation of Financial...


Prentice on Scheme Liability

Posted on January 20, 2008
Scheme Liability: Why Should Plaintiffs Be Able to Sue Under Subsection (b) of Rule 10b-5, But Not Subsection (a)?, by ROBERT A. PRENTICE, University of Texas at Austin - McCombs School of Business, was recently posted on SSRN. Here is...


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