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Sec Chairman, Chris Cox, Speech At Joint News Conference With Ofheo; Washington, Dc, Christopher Cox

Documents

No abstract provided.

Paper Session Iv: Development And Delivery Of Coursework - The Legal/Regulatory/Policy Environment Of Cyberforensics, John W. Bagby, John C. Ruhnka

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper describes a cyber-forensics course that integrates important public policy and legal issues as well as relevant forensic techniques. Cyber-forensics refers to the amalgam of multi-disciplinary activities involved in the identification, gathering, handling, custody, use and security of electronic files and records, involving expertise from the forensic domain, and which produces evidence useful in the proof of facts for both commercial and legal activities. The legal and regulatory environment in which electronic discovery takes place is of critical importance to cyber-forensics experts because the legal process imposes both constraints and opportunities for the effective use of evidence gathered through …

Public Courts Versus Private Justice: It's Time To Let Some Sun Shine In On Alternative Dispute Resolution, Laurie Kratky Dore

Chicago-Kent Law Review

In her article, Public Courts versus Private Justice: It's Time to Let Some Sun Shine in on Alternative Dispute Resolution, Professor Laurie Doré explores the divergent attitudes toward confidentiality in litigation and confidentiality in alternative dispute resolution. In adjudicating even seemingly private disputes, a court balances the legitimate need for confidentiality against any countervailing public interest in disclosure. A strong presumption of public access attaches to judicial records and proceedings and good cause must support any protective, sealing, or confidentiality order of a court. Today, however, an increasing number of disputes that would otherwise be litigated before a judge …

Determining The Level Of Network Security Awareness Of Utc Students Living On Campus, Alma Cemerlic

Honors Theses

While information technology divisions in various schools often conduct surveys on general computer use, almost no studies have been done that directly targeted the level of Internet security awareness among college students. The National Cyber Security Alliance (NCSA), a not-for-profit, public-private partnership focused on increasing online security awareness, in collaboration with the Government and the Internet industry, organized a number of different projects designed to promote "safe online practices" among college students. However, since research has not been done to investigate the relationship between students' demographics and their Internet security awareness, it is not possible to tell how effective these …

Enron And The Special Purpose Entity. Use Or Abuse? The Real Problem - The Real Focus, Neal F. Newman

ExpressO

In December of 2001, Enron Corporation filed for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code; one of the largest corporate bankruptcy filings at that time. When the investigations commenced and the tangled Enron web was unraveled, it was discovered that Enron had perpetrated a very sophisticated form of accounting fraud through its repeated use of what are referred to as Special Purpose Entities (“SPEs”). In their most basic forms, SPEs are business entities formed for the purpose of conducting a well specified activity such as construction of a gas pipeline, or collection of a specific group of accounts …

Notice Requirements: Common Themes And Differences In The Regulatory And Legislative Responses To Data Security Breaches, Satish M. Kini, James T. Shreve

North Carolina Banking Institute

No abstract provided.

Vol. 4, No. 03 (March/April 2006)

Indiana Law Update

No abstract provided.

Penny Wise, Pound Foolish: Why Investors Would Be Foolish To Pay A Penny Or A Pound For The Protections Provided By Sarbanes-Oxley, Cory L. Braddock

BYU Law Review

No abstract provided.

Sarbanes-Oxley's Structural Model To Encourage Corporate Whistleblowers, Richard E. Moberly

ExpressO

Recent corporate scandals demonstrate that rank-and-file employees often remain silent in the face of significant fraud. This silence is unfortunate because corporate employees have inside knowledge of misconduct that gives them an information advantage over more traditional corporate monitors, such as independent directors and government regulators. To address this problem, the Sarbanes-Oxley Act utilized a new approach that encourages employee whistleblowers to disclose information about corporate wrongdoing. This approach, which Professor Richard Moberly labels the “Structural Model,” requires that corporations provide a standardized channel for employees to report organizational misconduct to official monitors within the corporation. This Article offers an …

Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo

ExpressO

Legislation and Legitimation:

Congress and Insider Trading in the 1980s

Abstract

Orthodox corporate law-and-economics holds that American corporate and securities regulation has evolved inexorably toward economic efficiency. That position is difficult to square with the fact that regulation is the product of government actors and institutions. Indeed, the rational behavior assumptions of law-and-economics suggest that those actors and institutions would tend to place their own self-interest ahead of economic efficiency. This article provides anecdotal evidence of such self-interest at work. Based on an analysis of legislative history—primarily Congressional hearings—this article argues that Congress had little interest in the economic policy …

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Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook

American University Law Review

No abstract provided.

Recrafting The Jurisdictional Framework For Private Rights Of Action Under The Federal Securities Laws, Jeffrey T. Cook

American University Law Review

No abstract provided.

Implementation Of Sarbanes-Oxley: New Rules For Lawyers And What Lawyers Think, Olga Yevglevskaya-Wayne

ExpressO

This paper discusses practical implications of Sarbanes-Oxley for lawyers. Emphasis is on the new federal rules of professional responsibility the Act sets up. The paper includes the views of various renowned practitioners interpreting and using these rules. The paper also contains suggestions for how the Securities and Exchange Commission could potentially improve those areas that are proving problematic for attorneys so as to better effectuate the purpose of this major new law, in light of its legislative history and intent, which are also discussed in the paper.

Identity Theft And Solicitation. Criminal Gang Activity. Forensic Computer Analysis Fund. Initiative Statute.

Initiatives

Increases criminal penalties for persons convicted of specified identity theft crimes. Adds crimes involving personal identification to enumerated list of criminal gang activities. Expands definition of personal identifying information, and requires prison terms and increased fines for acquisition of such information with intent to defraud. Outlaws electronic solicitation of identifying information through misrepresentation (phishing). Expands venue in identity theft prosecutions to include county where victim resided. Creates fund to pay for analysis of electronic evidence in criminal investigations, financed through criminal fines. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: …

The Historical Roots Of Regional Sentencing Variation, Ian Weinstein

Roger Williams University Law Review

No abstract provided.

Tattlers And Trail Blazers: Attorneys' Liability For Clients' Fraud, Barbara Black

Faculty Articles and Other Publications

No abstract provided.

Focus, Vol. 2 No. 6, October/November/December 2006, American Institute Of Certified Public Accountants. Business Valuation And Forensic & Litigation Services Section

Newsletters

No abstract provided.

The Inevitability Of A Strong Sec, Robert A. Prentice

Cornell Law Review

No abstract provided.

What Would Make Atticus Finch Flinch?, Robert Westley

Florida A & M University Law Review

No abstract provided.

Focus, Vol. 2, No. 4, June/July 2006, American Institute Of Certified Public Accountants. Business Valuation And Forensic & Litigation Services Section

Newsletters

No abstract provided.

Concerning Creation Of The "Identity Theft And Financial Fraud Deterrence Act", And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Restoring Trust In Corporate Directors: The Disney Standard And The ‘New’ Good Faith, Sarah Helene Duggin, Stephen M. Goldman

Scholarly Articles

The purpose of this Article is to explore the parameters and potential impact of the good faith standard articulated in Disney V and clarified in Stone. Part I begins with a brief review of the historical impact of the tension between entrepreneurial freedom and managerial accountability, and Part II explains why the Disney standard differs significantly from the traditional understanding of good faith as the absence of subjective bad faith. Part III points out that the court's use of the language of bad faith to articulate the new good faith may undercut the effectiveness of the standard. It urges further …

A Comparative Analysis Of Shareholder Protections In Italy And The United States: Parmalat As A Case Study, Lorenzo Segato

Northwestern Journal of International Law & Business

The goal of this article is to compare the protections offered to minority shareholders by the Italian system of corporate law with those offered by the U.S. legal system of corporate and securities law in order to determine if Parmalat's minority shareholders would have been better off had Parmalat been an American company listed in the U.S. financial market. This analysis will reveal several weaknesses in Italian corporate and securities laws, thereby providing a basis for suggestions on how to improve minority shareholders' rights in Italy based on the U.S. experience. Section II of this paper provides an overview of …

Irresistible Forces And Political Obstacles: Securities Litigation Reform And The Structural Regulation Of Corporate Governance, John W. Cioffi

Comparative Research in Law & Political Economy

Congress passed the Sarbanes-Oxley Act of 2002 in reaction to the enormous political pressures generated by the wave of corporate financial scandals during 2001-2002. The Act's innovative reforms of corporate governance law were shaped by powerful political constraints on the use of private litigation and tensions over the use of "structural regulation" to alter the internal governance structures and procedures of publicly traded corporations. The conservative political realignment during 1990s precluded the development or expansion of litigious enforcement mechanisms (i.e., private causes of action) to curb corporate and managerial financial misconduct. Consequently, a number of the Sarbanes-Oxley Act's core provisions …

Section 1103 Of The Sarbanes-Oxley Act: Securities And Exchange Commission V. Gemstar-Tv Guide International, Inc., And The Ninth Circuit's Interpretation Of "Extraordinary Payments", Christine J. Unger

Western New England Law Review

No abstract provided.

Delegated Regulatory Administration In Mandatory Disclosure - Some Observations From Eu Securities Regulations, Iris H-Y Chiu

The International Lawyer

No abstract provided.

Subject Index Session Laws - 2006, Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Senior Corporate Officers And The Duty Of Candor: Do The Ceo And Cfo Have A Duty To Inform?, Z. Jill Barclift

Valparaiso University Law Review

No abstract provided.

Bringing Coherence To Mens Rea Analysis For Securities-Related Offenses, Michael L. Seigel

UF Law Faculty Publications

This Article has demonstrated that the failure of commentators and the courts to tackle mens rea analysis head-on has resulted in lasting incoherence in the law. Unintelligible legal doctrine does not simply upset individuals who strive for elegant solutions to legal problems; it also exacts a huge, real-life toll. Juries faced with incoherent legal instructions are likely to become disillusioned about the justice system. Citizens receive inadequate guidance as to acceptable and unacceptable behavior, hampering deterrence -- particularly in the securities-law arena, where one presumably finds mostly rational actors who would be deterred by clear legal rules. Securities regulation is …