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Full-Text Articles in Law
Mandatory Disclosure In Primary Markets, Andrew A. Schwartz
Mandatory Disclosure In Primary Markets, Andrew A. Schwartz
Publications
Mandatory disclosure—the idea that companies must be legally required to disclose certain, specified information to public investors—is the first principle of modern securities law. Despite the high costs it imposes, mandatory disclosure has been well defended by legal scholars on two theoretical grounds: ‘Agency costs’ and ‘information underproduction.’ While these two concepts are a good fit for secondary markets (where investors trade securities with one another), this Article shows that they are largely irrelevant in the context of primary markets (where companies offer securities directly to investors). The surprising result is that primary offerings—such as an IPO—may not require mandatory …
More On Mortgage Transfer Mysteries, Roger Bernhardt
More On Mortgage Transfer Mysteries, Roger Bernhardt
Publications
A review of recent federal and state decisions in California involving mortgage transfers.
Ferguson V. Avelo Mortgage, Llc, Roger Bernhardt
Ferguson V. Avelo Mortgage, Llc, Roger Bernhardt
Publications
Ability of secondary market participants to foreclose on transferred mortgages.
Challenges To California Foreclosures Based On Mers Transfers, Roger Bernhardt
Challenges To California Foreclosures Based On Mers Transfers, Roger Bernhardt
Publications
A review of recent California decisions challenging the validity of mortgage transfers through MERS.