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Articles 1 - 30 of 59
Full-Text Articles in Law
No Misrepresentation Needed: Excepting Discharge For Actual Fraud Under 11 U.S.C. § 523 Without Misrepresentation, Morgan Green
No Misrepresentation Needed: Excepting Discharge For Actual Fraud Under 11 U.S.C. § 523 Without Misrepresentation, Morgan Green
Fordham Law Review
Imagine buying a game from a seller and promising to repay him at a later date. However, instead of repayment, you decide to give the game to your friend, who in turn allows you to use it. Then your friend declares bankruptcy to discharge the price of the game from his debts, thus allowing you both to use it without paying. This repayment runaround is the issue that the First and Fifth Circuits were asked to decide in two recent cases. Specifically, the question was whether a debt incurred by “actual fraud” may be discharged by the recipient of the …
The Sec Adds A New Weapon: How Does The New Admission Requirement Change The Landscape?, Paul Radvany
The Sec Adds A New Weapon: How Does The New Admission Requirement Change The Landscape?, Paul Radvany
Faculty Scholarship
Over the past several years, the Securities and Exchange Commission (the “SEC”) has settled the vast majority of the cases it has brought. Some people have suggested, however, that settlements by public agencies such as the SEC should be scrutinized more closely. For instance, in a series of recent opinions, Judge Jed S. Rakoff of the Southern District of New York has “question[ed] the wisdom” of the SEC’s well-established practice of permitting defendants to enter into consent judgments while neither admitting nor denying the allegations. During the past two years, the SEC has implemented new policies that have altered its …
Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem, Lydia Segal, Benjamin Ngugi, Jafar Mana
Credit Card Fraud: A New Perspective On Tackling An Intransigent Problem, Lydia Segal, Benjamin Ngugi, Jafar Mana
Fordham Journal of Corporate & Financial Law
This article offers a new perspective on battling credit card fraud. It departs from a focus on post factum liability, which characterizes most legal scholarship and federal legislation on credit card fraud and applies corrective mechanisms only after the damage is done. Instead, this article focuses on preempting credit card fraud by tackling the root causes of the problem: the built-in incentives that keep the credit card industry from fighting fraud on a system-wide basis. This article examines how credit card companies and banks have created a self-interested infrastructure that insulates them from the liabilities and costs of credit card …
Breaking Past The Parallax: Finding The True Place Of Lawyers In Securities Fraud, Marianne C. Adams
Breaking Past The Parallax: Finding The True Place Of Lawyers In Securities Fraud, Marianne C. Adams
Fordham Urban Law Journal
Lawyers often play an integral part in business transactions and securities offerings. This puts lawyers on the sidelines of not only great business successes, but also, every so often, tremendous failures. Because they are viewed by many as gatekeepers, and in that role provide a degree of assurance (with their reputational capital) that gross illegalities will not occur, a series of questions arise in the minds of many when illegalities do happen on attorneys’ watch. This Note analyzes the legal standards that are in play and those that should be imposed when lawyers aid or abet a fraud. Part I …
The Rule 10b-5 Suit: Loss Causation Pleading Standards In Private Securities Fraud Claims After Dura Pharmaceuticals, Inc. V. Broudo, Evan Hill
Fordham Law Review
In 2005, the U.S. Supreme Court decided Dura Pharmaceuticals, Inc. v. Broudo. The Court held that a plaintiff alleging securities fraud must prove that a defendant’s misrepresentation caused actual economic loss. The Dura decision put to rest the loss causation standard applied by several U.S. courts of appeals, which allowed plaintiffs to merely plead that a misrepresentation caused an artificially inflated purchase price. However, in Dura’s wake, the circuit courts have fashioned divergent standards with respect to pleading loss causation. The courts currently apply pleading standards ranging from the lenient and generally applicable Federal Rule of Civil Procedure 8(a) to …
Securities Fraud, Officer And Director Bars, And The "Unfitness" Inquiry After Sarbanes-Oxley, Jon Carlson
Securities Fraud, Officer And Director Bars, And The "Unfitness" Inquiry After Sarbanes-Oxley, Jon Carlson
Fordham Journal of Corporate & Financial Law
No abstract provided.
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Fordham Law Review
Immigrants are often easy prey for bogus or incompetent attorneys, "notarios," scam artists, and other bad actors who take advantage of immigrants' limited knowledge of U.S. law, lack of English fluency, and lack of cultural knowledge to charge exorbitant fees for wild promises of green cards and citizenship that the bad actors annot-or in some cases never inteded to-deliver. Such exploitation is merely a symptom, however, of the larger prolem of inadequate access to competent legal counsel by foreign nationals seeking to navigate our labyrinthine scheme of immigration laws, regulations, and policies. ontrary to popular belief, not all of these …
The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange
The New Antifraud Rule: Is Sec Enforcement The Most Effective Way To Protect Investors From Hedge Fund Fraud?, Kathleen E. Lange
Fordham Law Review
Hedge Funds have consistently grown in both size and influence. Traditionally, hedge funds escaped regulation because access was limited to the wealthy and sophisticated. However, due to inflation, the wealth threshold has become more attainable to less sophisticated investors. Also, an increasing number of pension funds and other institutional investors have begun to invest a significant portion of their money in hedge funds. This increased growth, combined with the "retailization" of the industry, has led to concern over whether investors are adequately protected from the corresponding growth in hedge fund fraud. This Note argues that, absent new legislation, the SEC …
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova
Fordham Journal of Corporate & Financial Law
No abstract provided.
Still "Ain't No Glory In Pain": How The Telecommunications Act Of 1996 And Other 1990s Deregulation Facilitated The Market Crash Of 2002, André Douglas Pond Cummings
Still "Ain't No Glory In Pain": How The Telecommunications Act Of 1996 And Other 1990s Deregulation Facilitated The Market Crash Of 2002, André Douglas Pond Cummings
Fordham Journal of Corporate & Financial Law
No abstract provided.
Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus
Fordham Law Review
After Internal Revenue Service investigations exposed widespread fraud among tax shelter promoters, angry investors sued for securities fraud under Securities and Exchange Commission Rule 10b-5, which provides a cause of action against “primary violators” of the Rule but not against mere “aiders and abettors.” This controversial distinction is further complicated by the recent introduction of “scheme liability” lawsuits under two previously obscure provisions of Rule 10b-5. This Note examines the circuit split over the “primary violator”/“aider and abettor” distinction in scheme liability claims, arguing that the circuits' conflicting concepts of scheme liability actually cover similar conduct, and that tax shelter …
Breach Of Fiduciary Duty As Securities Fraud: Sec V. Chancellor Corp., Carl W. Mills
Breach Of Fiduciary Duty As Securities Fraud: Sec V. Chancellor Corp., Carl W. Mills
Fordham Journal of Corporate & Financial Law
No abstract provided.
Jurisdictional Line-Drawing In A Time When So Much Litigation Is "Related To" Bankruptcy: A Practical And Constitutional Solution, Duane Loft
Fordham Law Review
No abstract provided.
An Indictment Of Bright Line Tests For Honest Services Mail Fraud, Carrie A. Tendler
An Indictment Of Bright Line Tests For Honest Services Mail Fraud, Carrie A. Tendler
Fordham Law Review
No abstract provided.
Good Laws For Junk Fax? Government Regulation Of Unsolicited Solicitations, Adam Zitter
Good Laws For Junk Fax? Government Regulation Of Unsolicited Solicitations, Adam Zitter
Fordham Law Review
No abstract provided.
Corporate Governance Issues, Peter Peterson, John Foster, Jeffrey M. Colon, William Treanor
Corporate Governance Issues, Peter Peterson, John Foster, Jeffrey M. Colon, William Treanor
Fordham Journal of Corporate & Financial Law
No abstract provided.
Proposals For Insider Trading Regulation After The Fall Of The House Of Enron, James P. Jalil
Proposals For Insider Trading Regulation After The Fall Of The House Of Enron, James P. Jalil
Fordham Journal of Corporate & Financial Law
No abstract provided.
Keynote Address, Susan S. Bies, Alan Rechtschaffen
Keynote Address, Susan S. Bies, Alan Rechtschaffen
Fordham Journal of Corporate & Financial Law
No abstract provided.
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Multinational Enforcement Of U.S. Securities Laws: The Need For The Clear And Restrained Scope Of Extraterritorial Subject-Matter Jurisdiction., Kun Young Chang
Fordham Journal of Corporate & Financial Law
No abstract provided.
On The Liability Of Corporate Directors To Holders Of Securities For Illegal Corporate Acts: Can The Tension Between The "Net-Loss" And "No-Duty-To-Disclose" Rules Be Resolved, Geoffrey Rapp
Fordham Journal of Corporate & Financial Law
No abstract provided.
Which Came First, The Fraud Or The Market: Is The Fraud-Created-The-Market Theory Valid Under Rule 10b-5, Peter J. Dennin
Which Came First, The Fraud Or The Market: Is The Fraud-Created-The-Market Theory Valid Under Rule 10b-5, Peter J. Dennin
Fordham Law Review
It is true that you may fool all the people some of the time;you can even fool some of the people all the time; but you can't fool all of the people all the time.
The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy
The Poor Fit Of Traditional Evidentiary Doctrine And Sophisticated Crime: An Empirical Analysis Of Health Care Fraud Prosecutions, Pamela H. Bucy
Fordham Law Review
No abstract provided.
Puppet Masters Of Marionettes: Is Program Trading Maniuplative As Defined By The Securites Exchange Act Of 1934, Lawrence Damian Mccabe
Puppet Masters Of Marionettes: Is Program Trading Maniuplative As Defined By The Securites Exchange Act Of 1934, Lawrence Damian Mccabe
Fordham Law Review
No abstract provided.
The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii
The Mother Court And The Foreign Plaintiff: Does Rule 10b-5 Reach Far Enough?, James J. Finnerty, Iii
Fordham Law Review
No abstract provided.
10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber
10b-5 Or Not 10b-5: Are The Current Efforts To Reform Securities Litigation Misguided?, Adam F. Ingber
Fordham Law Review
No abstract provided.
Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort
Rule 10b-5 As An Adaptive Organism, Donald C. Langevoort
Fordham Law Review
In this Article, Professor Langevoort examines the adaptive qualities of Rule 10b-5 and how the rule has remained intact despite sweeping changes in the intellectual and political landscapes in which it operates. In Professor Langevoort's view, Rule l0b-5's survival is largely due to the flexibility of its language which has enabled the rule to embrace malleable social perceptions of the securities market and the securities business. Professor Langevoort also addresses the question of whether Rule l0b-5 has outlived its usefulness and should therefore be repealed and replaced by more precisely-drafted legislation. Professor Langevoort concludes that Rule l0b-5's continued survival is …
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
As Time Goes By: New Questions About The Statute Of Limitations For Rule 10b-5, Jill E. Fisch
Fordham Law Review
In this Article. Professor Fisch examines the history and legacy of Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilberston, the controversial 1991 Supreme Court decision that established a federal statute of limitations for private causes of action brought under Rule 10b-5. In Part I Professor Fisch reviews the history of the 10b-5 statute of limitations prior to LampE Part II then analyzes both the issues resolved and questions raised by Lampf. Part III traces the congressional reaction to Lampf that culminated in the addition of section 27A to the Securities Act of 1934. In Part IV, Professor Fisch concludes by …
Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal
Rule 10b-5 And Transnational Bankruptcies: Whose Law Should Apply?, Lauren D. Rosenthal
Fordham Law Review
No abstract provided.
The Duty To Disclose Forward-Looking Information: A Look At The Future Of Md&A, Suzanne J. Romajas
The Duty To Disclose Forward-Looking Information: A Look At The Future Of Md&A, Suzanne J. Romajas
Fordham Law Review
No abstract provided.
Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen
Congratulations From Your Continental Cousins, 10b-5: Securities Fraud Regulation From The European Perspective, Gerhard Wegen
Fordham Law Review
No abstract provided.