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Full-Text Articles in Securities Law
Calculating Sec Whistleblower Awards: A Theoretical Approach, Amanda M. Rose
Calculating Sec Whistleblower Awards: A Theoretical Approach, Amanda M. Rose
Vanderbilt Law Review
The Dodd-Frank Act provides that Securities and Exchange Commission (“SEC”) whistleblower awards must equal not less than ten and not more than thirty percent of the monetary penalties collected in the action to which they relate; SEC Rule 21F-6 provides criteria that the SEC may consider in determining the award percentage within the statutory bounds. When applying the Rule 21F-6 criteria, the SEC is required to think only in percentage terms, ignoring the dollar payout the award will actually yield. Last June, the SEC proposed to change this, at least in cases where the existing methodology would yield an award …
Requiring Broker-Dealers To Disclose Conflicts Of Interest: A Solution Protecting And Empowering Investors, Daniel P. Guernsey Jr.
Requiring Broker-Dealers To Disclose Conflicts Of Interest: A Solution Protecting And Empowering Investors, Daniel P. Guernsey Jr.
University of Miami Law Review
Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) instructed the Securities and Exchange Commission (“SEC”) to analyze the gaps in the regulatory regimes of investment advisers and broker-dealers. After analyzing the differences between the two regimes, the SEC proposed a rule that essentially created a fiduciary duty for broker-dealers equivalent to that of investment advisers. In theory, a uniform fiduciary duty would increase investor protection; however, such a drastic overhaul of broker-dealer regulation has attendant consequences. Indeed, as seen from the federal government’s previous attempts to create a broker-dealer fiduciary duty, increasing broker-dealer regulatory requirements limits lower-capital …
Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody
Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody
Maryland Law Review
Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) created a novel approach to corporate social responsibility (“CSR”) in supply chains by requiring public companies to disclose the presence of conflict minerals in their products. Dodd-Frank, as a whole, has faced a barrage of criticism since its passage, and Section 1502 was not immune from intense critical backlash. As I argued in prior scholarship and congressional testimony, Section 1502 was ill-conceived in substance and form. Its application resulted in the improper use of securities laws to the detriment of its laudable public international law …