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- Administrative proceedings; Dodd-Frank; Securities Regulation; Chamber of Commerce; Fair enforcement; Admissibility of evidence; Hearsay; Discovery; Securities and Exchange Commission (SEC) Rules of Practice; Administrative guidelines; History of the SEC; Securities Exchange Acts of 1933 and 1934; Insider Trading Sanctions Act of 1984 (ITSA); Securities Fraud Enforcement Act of 1988 (ITSFEA); Securities Enforcement Remedies and Penny Stock Reform Act of 1990; Sarbanes-Oxley; Administrative Law Judges (ALJs); Statutory interpretation; Chevron deference; Forum selection; Administrative rulemaking; Code of Federal Regulations (CFR); CFR Rule 360; CFR Rule 233; CFR Rule 320; Pre-hearing length; Depositions (1)
- Attorney’s fees; Bankruptcy attorneys; Bankruptcy Reform Act of 1978; Baker Botts v. ASARCO; L.L.C.; Fee applications; Prejudicial treatment; United States Trustee; Bankruptcy Code Section 330; Bankruptcy Code Section 328; Administrative expense; Reasonable fees; Actual and necessary services; Supreme Court; Fee-defense litigation; Frivolous litigation; Quantum meruit; Lodestar Method; Hindsight approach; Hybrid approach; Statutory interpretation; Underlying benefit; Enhanced fees; The American Rule; Fee-shifting; Bad faith exception to the American Rule; Higher standard (1)
- Privacy law; Cybersecurity; Hackers; FTC v. Wyndham Worldwide Corp.; Data breaches; Data security procedures; Self-regulatory organizations (SROs); Financial Trade Commission (FTC); Corporate privacy; Cyber Crime; Section 5 of the Federal Trade Commission Act; Deceptive or unfair business practice; Congressional inaction; Key principles of compliance; Best Practices Guidelines; Cyber risk insurance; Commercial general liability (CGL) insurance; First party cyber loss; Third party cyber liability; Technical policies and procedures; Written information security plan (WISP) (1)
- Securities regulation; Investment advisers; Third party examiners; Third party examination models; Self-regulatory Organizations (SROs); Arbitrary and Capricious Standard; Administrative Procedure Act (APA); Administrative Rulemaking; Section 206(4) of the Investment Advisers Act of 1940; “Reasonably designed to prevent fraud” test; Unauthorized tax; Congress’s Power of the Purse; Securities regulation; Compliance policies and procedures; Adviser examinations; Nationally recognized statistical rating organizations (NRSROs); Proxy advisory firms; Certified Financial Analyst (CFA) Institute/CFA; Public company auditors; Chief Compliance Officers (CCOs); Compliance audits and reviews; Internal controls; Cost-benefit analysis; Financial regulation (1)
Articles 1 - 4 of 4
Full-Text Articles in Civil Law
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi
The Choice Is (Not) Yours: Why The Sec Must Further Amend Its Rules Of Practice To Increase Fairness In Administrative Proceedings, Madeline Ilibassi
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission (SEC) plays an extremely important role within the securities industry—it oversees the financial markets, protects consumers, and maintains market efficiency. One of the most important (and recently one of most criticized) responsibilities of the SEC is its duty to enforce the securities laws and punish violators. During the past two decades, and especially after the implementation of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the SEC’s Division of Enforcement has grown substantially and has utilized administrative enforcement proceedings at an increasing rate. However; this utilization has been occurring without any substantial …
Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard
Mandatory Third Party Compliance Examinations For Investment Advisers: An Sec Waterloo?, Mercer Bullard
Brooklyn Journal of Corporate, Financial & Commercial Law
The Securities and Exchange Commission (SEC or Commission) appears to be on the verge of requiring investment advisers to undergo third party examinations. One justification for the rulemaking is that the Commission lacks sufficient resources to examine advisers frequently enough. Another is to create indirectly a self-regulatory organization (SRO) for investments advisers. Both may leave a rulemaking particularly vulnerable to challenge as arbitrary and capricious under the Administrative Procedures Act. This Article considers three novel grounds on which a rulemaking may be successfully challenged. Congress has repeatedly rejected SEC requests to provide additional funding for examinations or to create an …
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon
Brooklyn Journal of Corporate, Financial & Commercial Law
Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
Bankruptcy: Where Attorneys Can Lose Big Even If They Win Big, Stanislav Veyber
Brooklyn Journal of Corporate, Financial & Commercial Law
Historically, bankruptcy attorneys received the short end of the stick and were paid less for their services than attorneys in other fields of law. With the Bankruptcy Reform Act of 1978, Congress attempted to reduce the discrepancy in compensation. However, after the Supreme Court’s decision in Baker Botts v. ASARCO; L.L.C., the playing field remains unequal for bankruptcy attorneys. Following this decision, if a debtor disputes their attorney’s fee application, attorneys are at a disadvantage and cannot recover fees for defending their fee application. As a result, bankruptcy attorneys take an effective pay cut if they are faced with a …