Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
Articles 1 - 5 of 5
Full-Text Articles in Securities Law
Rescuing Expedited Discovery From The Commodity Futures Trading Commission & Returning It To Fed. R. Civ. P. 26(D)(1): Using A Doctrine's Forgotten History To Achieve Legitimacy, Jesse N. Panoff, Esq.
Rescuing Expedited Discovery From The Commodity Futures Trading Commission & Returning It To Fed. R. Civ. P. 26(D)(1): Using A Doctrine's Forgotten History To Achieve Legitimacy, Jesse N. Panoff, Esq.
Golden Gate University Law Review
For over a decade, judicial decisions have “authorized” the CFTC to conduct expedited discovery irrespective of 26(d)(1)’s structure and text. Instead, courts typically allow discovery because either: (i) “good cause” exists, or (ii) for no articulated reason at all. Consider that the so-called Good-Cause Test merely proclaims, “[g]ood cause exists for the plaintiff [CFTC] to conduct expedited discovery . . . .” Hence, judicial decisions have developed the doctrine in ways that are attenuated from 26(d)(1). The overall result is if the Commission asks for accelerated discovery, then courts will grant such relief. This is somewhat unsurprising because the very …
Discretionary Commodity Accounts: Why They Are Not Governed By The Federal Securities Laws, Kenneth M. Raisler, Whitney Adams, Maureen A. Donley-Hoopes
Discretionary Commodity Accounts: Why They Are Not Governed By The Federal Securities Laws, Kenneth M. Raisler, Whitney Adams, Maureen A. Donley-Hoopes
Washington and Lee Law Review
No abstract provided.
Customer Rights Under The Commodity Exchange Act, Jerry W. Markham, Kyra K. Bergin
Customer Rights Under The Commodity Exchange Act, Jerry W. Markham, Kyra K. Bergin
Vanderbilt Law Review
This Article reviews customer rights and remedies now available under the CEA. Specifically, part II of this Article explores the scope of transactions covered by the CEA, part III addresses the antifraud provisions of the CEA, and part IV discusses the standard of intent required to prove that fraud has been committed under CEA provisions. Part V of this Article examines the secondary liability of brokerage firms and others for the fraudulent acts of its employees, part VI discusses fiduciary liability under the CEA, and part VII enumerates the various forums available for customer remedies." This Article concludes in part …
Contract Market Self-Regulation Under The Commodity Exchange Act, Marshall J. Nachbar
Contract Market Self-Regulation Under The Commodity Exchange Act, Marshall J. Nachbar
Cleveland State Law Review
On May 3, 1982, the Supreme Court decided Curran v. Merrill Lynch, Pierce, Fenner & Smith, Inc. The Court answered the question o fwhether there was a private right of action for violations of the Commodity Exchange Act by holding that there was an implied right of action. In Curran, the CFTC had argued that a private right of action strengthens the enforcement and regulatory mechanisms already in place. The Court apparently found this to be a persuasive argument. Whether a private right of action will have the desired effect remains to be seen.
Fraud In Commodity Futures Trading--An Examination Of The Investor's Remedies, Lisa G. Demartini
Fraud In Commodity Futures Trading--An Examination Of The Investor's Remedies, Lisa G. Demartini
Vanderbilt Law Review
This Note examines the various avenues of redress available to the defrauded commodity futures investor. Initially, an examination of two remedies expressly provided in the Commodity Exchange Act (CEA)--reparations and arbitration--demonstrates their current inefficiencies and inadequacies. Next, the Note considers the possibility of recovery under the antifraud provision of the Securities Exchange Act and argues that such a cause of action should still be available when the investor can show that the particular discretionary trading account is a security." Finally, a discussion of an implied private right of action for violations of the antifraud provision of the CEA reveals much …