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Articles 1 - 7 of 7
Full-Text Articles in Securities Law
Internal Revenue Service Summonses For "Sensitive"Accountants' Papers, Robert G. Nath
Internal Revenue Service Summonses For "Sensitive"Accountants' Papers, Robert G. Nath
Vanderbilt Law Review
Every modern public corporation has obligations of accountability and disclosure to the public and to its shareholders. These accepted duties of disclosure, however, become the source of conflicts when government agencies make unanticipated inquiries of accountants about otherwise private or background data concerning the corporations they audit. This is particularly true when a public corporation's duties of financial accountability, which stem chiefly from securities law requirements and fiduciary duties,evoke the Internal Revenue Service's interest in information that may reveal or be probative of the corporation's tax liability. Most corporate taxpayers and their accountants understand and accept--if only reluctantly--their obligations to …
Discretionary Commodity Accounts: Are They Securities And Does It Really Matter?
Discretionary Commodity Accounts: Are They Securities And Does It Really Matter?
Washington and Lee Law Review
No abstract provided.
The Securities And Exchange Commission's Enforcement Program: A Debate On The Enforcement Process, Monroe H. Freedman, Stanley Sporkin
The Securities And Exchange Commission's Enforcement Program: A Debate On The Enforcement Process, Monroe H. Freedman, Stanley Sporkin
Washington and Lee Law Review
No abstract provided.
Securities Regulation: Improved Financing Alternatives For Small Issuers
Securities Regulation: Improved Financing Alternatives For Small Issuers
Washington and Lee Law Review
No abstract provided.
The Proposed Federal Securities Code: Time To Recognize That Financial Information Becomes Stale, Scott V. Simpson
The Proposed Federal Securities Code: Time To Recognize That Financial Information Becomes Stale, Scott V. Simpson
Fordham Urban Law Journal
This note addresses the Federal Securities Code ("Code"), developed by the American Law Institute ("ALI"). It specifically focuses on the underlying policy of continuous disclosure implemented by the Code, which requires companies to register once and then continuously disclose to the securities marketplace important developments on their financial position. This note poses a question: "At what point does financial information become stale?" It focuses on the nature of stale financial information by reviewing the treatment of staleness in common law fraud and bankruptcy cases. It then analyzes the approach taken with regard to stale financial information in existing securities law. …
The Proposed Federal Securities Code: Time To Recognize That Financial Information Becomes Stale, Scott V. Simpson
The Proposed Federal Securities Code: Time To Recognize That Financial Information Becomes Stale, Scott V. Simpson
Fordham Urban Law Journal
This note addresses the Federal Securities Code ("Code"), developed by the American Law Institute ("ALI"). It specifically focuses on the underlying policy of continuous disclosure implemented by the Code, which requires companies to register once and then continuously disclose to the securities marketplace important developments on their financial position. This note poses a question: "At what point does financial information become stale?" It focuses on the nature of stale financial information by reviewing the treatment of staleness in common law fraud and bankruptcy cases. It then analyzes the approach taken with regard to stale financial information in existing securities law. …
The Survival Of The Derivative Suit: An Evaluation And A Proposal For Legislative Reform, John C. Coffee Jr., Donald E. Schwartz
The Survival Of The Derivative Suit: An Evaluation And A Proposal For Legislative Reform, John C. Coffee Jr., Donald E. Schwartz
Faculty Scholarship
The shareholder derivative suit today faces extinction. Long considered the "chief regulator of corporate management," and a recognized form of litigation in American courts at least since 1855, it now confronts the second great challenge of its history. Thirty-odd years ago, commentators foresaw the derivative suit's demise when state legislatures began adopting security-for-expenses statutes to curb the abuses of "strike suit" litigation. These reports of its death proved exaggerated, however, as plaintiffs discovered various tactics by which to outflank these statutes. As a result, by the late 1960's, the crisis was past, and a revival in the action's popularity was …