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Why Does The Sec Hate Lawyers And Will The Bitterness Ever Go Away: A Review Of The Reasons For The Current State Of This Relationship And A Proposed Path Forward, Ernest Edward Badway, Joshua Horn, Christie Mcguinness May 2019

Why Does The Sec Hate Lawyers And Will The Bitterness Ever Go Away: A Review Of The Reasons For The Current State Of This Relationship And A Proposed Path Forward, Ernest Edward Badway, Joshua Horn, Christie Mcguinness

Brooklyn Journal of Corporate, Financial & Commercial Law

The United States Securities and Exchange Commission (“SEC” or “Commission”) and its staff (“Staff”) have brought numerous actions against lawyers in a variety of contexts over the last several years. These enforcement actions have arguably prevented zealous advocacy as well as potentially leaving lawyers reluctant to make certain arguments on behalf of their clients so as to avoid potential disciplinary actions against them. While it is important for the Commission and its Staff to ensure that lawyers do not engage in violative conduct, this Article notes that the SEC and its Staff’s actions should be limited to only those occasions …


Onlookers Tell An Extraordinary Entity What To Do, Anita Bernstein Jan 2014

Onlookers Tell An Extraordinary Entity What To Do, Anita Bernstein

Faculty Scholarship

No abstract provided.


Corrupt Intentions: Bribery, Unlawful Gratuity, And Honest-Services Fraud, Alex Stein Jan 2012

Corrupt Intentions: Bribery, Unlawful Gratuity, And Honest-Services Fraud, Alex Stein

Faculty Scholarship

No abstract provided.


Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court, William D. Araiza Jul 2011

Playing Well With Others -- But Still Winning: Chief Justice Roberts, Precedent, And The Possibilities Of A Multi Member Court, William D. Araiza

Faculty Scholarship

No abstract provided.


Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin Jul 2011

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Stacy Caplow, Lisa Griffin

Faculty Scholarship

No abstract provided.


Life At The Center Reflections On My Career, Roberta S. Karmel Jan 2009

Life At The Center Reflections On My Career, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Pitfalls Ahead: A Manifesto For The Training Of Lawyers, Anita Bernstein Jan 2009

Pitfalls Ahead: A Manifesto For The Training Of Lawyers, Anita Bernstein

Faculty Scholarship

No abstract provided.


Sanctioning The Ambulance Chaser, Anita Bernstein Jul 2008

Sanctioning The Ambulance Chaser, Anita Bernstein

Faculty Scholarship

No abstract provided.


Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber Oct 2006

Therapeutic Forgetting: The Legal And Ethical Implications Of Memory Dampening, Adam Kolber

Faculty Scholarship

No abstract provided.


The Zeal Shortage, Anita Bernstein Apr 2006

The Zeal Shortage, Anita Bernstein

Faculty Scholarship

No abstract provided.


Introduction: The Plaintiff's Bar, Anita Bernstein, Marc Galanter, Tanina Rostain Jan 2006

Introduction: The Plaintiff's Bar, Anita Bernstein, Marc Galanter, Tanina Rostain

Faculty Scholarship

No abstract provided.


Corporate Misbehavior By Elite Decision-Makers Symposium - Perspectives From Law And Social Psychology: Introduction, James A. Fanto Jan 2005

Corporate Misbehavior By Elite Decision-Makers Symposium - Perspectives From Law And Social Psychology: Introduction, James A. Fanto

Faculty Scholarship

No abstract provided.


Whistleblowing And The Public Director: Countering Corporate Inner Circles, James A. Fanto Jan 2004

Whistleblowing And The Public Director: Countering Corporate Inner Circles, James A. Fanto

Faculty Scholarship

No abstract provided.


The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen Jan 2003

The Gatekeeping Role In Civil Litigation And The Abdication Of Legal Values In Favor Of Scientific Values, Neil B. Cohen

Faculty Scholarship

No abstract provided.


Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel Jul 1991

Greenmail, The Control Premium And Shareholder Duty, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow Apr 1989

Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow

Faculty Scholarship

No abstract provided.


Duty To The Target: Is An Attorney's Duty To The Corporation A Paradigm For Directors?, Roberta S. Karmel Mar 1988

Duty To The Target: Is An Attorney's Duty To The Corporation A Paradigm For Directors?, Roberta S. Karmel

Faculty Scholarship

No abstract provided.