Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- IPO (4)
- Initial public offering (4)
- Securities (4)
- Special purpose acquisition company (4)
- SPAC (3)
-
- Inc. (2)
- Litigation (2)
- SEC (2)
- Accounts (1)
- American Legislative Exchange Council (ALEC) (1)
- Antitrust policy (1)
- Arbitration; securities disputes; NASD arbitrations; process of arbitration; National Association of Securities Dealers (1)
- Arkansas Deceptive Trade Practices Act (ADTPA) (1)
- Arkansas law (1)
- Background (1)
- Bankruptcy (1)
- Bankruptcy Reform Act of 1978 (1)
- Blank check (1)
- Brokerage (1)
- Business judgment rule (1)
- Class action (1)
- Class action securities lawsuits (1)
- Commodity Exchange Act (1)
- Company (1)
- Control holder (1)
- Conundrum (1)
- Core operations inference (1)
- Corporate fiduciary duty (1)
- Corporate scandal (1)
- Corporate scandals (1)
- Publication Year
- Publication Type
Articles 1 - 23 of 23
Full-Text Articles in Law
Financial Innovation And Unforeseen Consequences: Spacs, Sec Lending, And Shorts, Christian A. Johnson
Financial Innovation And Unforeseen Consequences: Spacs, Sec Lending, And Shorts, Christian A. Johnson
University of Arkansas at Little Rock Law Review
Although publicly traded “special purpose acquisition companies” (SPAC) have been trading for decades, the effect of the unique shareholder rights found in SPAC shares should be fully studied and compared with the rights of publicly traded non-SPAC shares. Because of their differences, PAC shares will not necessarily behave in the same way as non-SPAC shares in certain situations. The short selling of SPAC shares offers a useful case study as well as lessons for regulators, investors, and short sellers about the unforeseen and unintended consequences of financial innovation in the other-wise understood corner of securities lending and short selling of …
Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood
Spac Regulation—Past, Present And Future, E. Ramey Layne, K. Stancell Haigwood
University of Arkansas at Little Rock Law Review
No abstract provided.
Spac Attack, Justin Kuehn
Spac Attack, Justin Kuehn
University of Arkansas at Little Rock Law Review
No abstract provided.
Top Ten Issues In De-Spac Securities Litigation, Wendy Gerwick Couture
Top Ten Issues In De-Spac Securities Litigation, Wendy Gerwick Couture
University of Arkansas at Little Rock Law Review
I am delighted to contribute to this symposium on special purpose acquisition companies (SPACs). The securities litigation associated with the de-SPAC transaction is at an early stage, but courts are already wrestling with a number of unsettled issues that cast a mirror on SPACs and the securities laws more broadly. As these issues are resolved, they will affect the future of de-SPAC transactions as well as the regulatory environment in which they operate. In this essay, I identify ten such issues, drawing from the pleadings, briefings, and hearings in pending de-SPAC securities cases, with the goal of highlighting the key …
Business Judgment Rule Or Due Diligence? How To Reduce Vicarious Liability For Spac Directors And Officers, Beau Duty
University of Arkansas at Little Rock Law Review
No abstract provided.
Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee
Guide To Structuring Resales Of Restricted Securities Held By Control And Non-Control Holders Under Federal And Arkansas Law, John F. Griffee
University of Arkansas at Little Rock Law Review
No abstract provided.
Securities Law—The Erosion Of Securities Class Actions, Rashida Sims
Securities Law—The Erosion Of Securities Class Actions, Rashida Sims
University of Arkansas at Little Rock Law Review
In the last fifteen years, Congress has enacted Federal Rule of Civil Procedure 23, The Private Securities Litigation Reform Act of 1995, and the Securities Litigation Uniform Standards Act of 1998 (collectively the "securities legislation"). This note examines interrelated provisions of the securities legislation and the resulting impact on the effectiveness of class actions as a remedy for defrauded investors. First, the note discusses securities class actions and the background, history, and intended goal of each relevant legislative provision. Next, the note discusses the securities legislation's impact on the feasibility of securities class actions, the parties to securities class actions, …
Securities Law—The Securities Exchange Act Of 1934—'Round And 'Round We Go: The Supreme Court Again Limits The Circumstances In Which Federal Courts May Hold Secondary Actors Liable Under Section 10(B) And Sec Rule 10b-5. Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc., 128 S. Ct. 761 (2008)., W. Taylor Marshall
University of Arkansas at Little Rock Law Review
In Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., the Supreme Court addressed the plaintiffs' bar's most recent theory for recovery against secondary actors under section 10(b): "scheme liability." Rejecting the theory as beyond the scope of liability intended by Congress, the court sharply narrowed the circumstances under which courts may hold secondary actors liable under section 10(b) and SEC Rule 10b-5. Although Stoneridge clearly limits the circumstances in which federal courts may hold secondary actors liable under section 10(b) and SEC Rule 10b-5, lower federal courts have historically alleviated the harshness of the Supreme Court's approach to securities litigation by …
Mere Thieves, Robert E. Steinbuch
Antitrust—Robinson-Patman Act—No Salt Added: The Supreme Court Promotes Healthy Competition By Taking The Salt Out Of The Robinson-Patman Act. Volvo V. Reeder-Simco, 126 S. Ct. 860 (2006)., James Paul Purnell
University of Arkansas at Little Rock Law Review
Arkansas's current path in nursing-home regulation is leading to the destruction of its nursing-home system. In particular, the Arkansas Resident's Rights Statute favors plaintiffs and allows for high damage awards. The statute's civil enforcement provision lacks guidelines for the application of the statute or the award of damages. In February of 2006, the Arkansas Supreme Court decided Health Facilities Management Corp. v. Hughes, a nursing home case concerning the Arkansas Resident's Rights Statute. The court's decision on the issue of liability under the statute was well-reasoned and stayed faithful to the goals of the statute, encouraging nursing-home licensees to live …
The Integration Conunudrum: Debilitating Failures Of The Securities And Exchange Commission Must Be Addressed As Corporate Malfeasance Is 'Getting Serious, So Serious', André Douglas Pond Cummings
The Integration Conunudrum: Debilitating Failures Of The Securities And Exchange Commission Must Be Addressed As Corporate Malfeasance Is 'Getting Serious, So Serious', André Douglas Pond Cummings
Faculty Scholarship
The Securities Regulation doctrine of Integration has vexed securities lawyers and academics since its inception in the 1930s. The Securities and Exchange Commission (SEC) has struggled historically to define, refine and manage the securities Integration problem.
This article undertakes an historical analysis of securities integration recognizing both the evolution of the doctrine and the problems that it has engendered. The conclusion therein suggests that the SEC should abandon, if only momentarily, its practice of leaving securities rules undefined or loosely detailed in order to bring reason to the securities integration arena. A new solution is proposed that suggests that in …
Resolving The Circuit Split On Standing In False Advertising Claims And Incorporation Of Prudential Standing In State Deceptive Trade Practices Law: The Quest For Optimal Levels Of Accurate Information In The Marketplace, Kevin M. Lemley
University of Arkansas at Little Rock Law Review
This article has two significant goals. First, it addresses the circuit split on the proper test for standing in false advertising claims under section 43 (a) of the Lanham Act. With slight modification, courts should adopt the reasonable interest test as articulated in two recent opinions authored by Justice Alito while he was sitting on the Third Circuit of Appeals, Second, this article proposes similar prudential standing considerations, along with proposed legislative amendments, for state deceptive trade laws. This section of the article focuses primarily on Arkansas law, but the proposals set forth can be applied to other jurisdictions. The …
Ain't No Glory In Pain': How The 1994 Republican Revolution And The Private Securities Litigation Reform Act Contributed To The Collapse Of The United States Capital Markets, André Douglas Pond Cummings
Ain't No Glory In Pain': How The 1994 Republican Revolution And The Private Securities Litigation Reform Act Contributed To The Collapse Of The United States Capital Markets, André Douglas Pond Cummings
Faculty Scholarship
Ain't No Glory In Pain recalls the deregulatory legislation adopted by the 104th Congress in 1995 and 1996, including the shareholder lawsuit limiting Private Securities Litigation Reform Act (PSLRA) and connects several of those measures with the historic corporate malfeasance that marked the capital market collapse of 2001-02. I propose, in the face of recent calls for further efforts to deregulate crucial industries and further hamstring shareholder lawsuits, that Congress and the SEC work together to reject certain provisions of the PSLRA and act in ways to ensure investor protection in this post-Enron/WorldCom environment.
Preference Determinations Concerning Bankruptcy Reform Act Of 1978 And Securities Act Of 1933, Securities And Exchange Act Of 1934, And Commodity Exchange Act, J. B. Grossman
University of Arkansas at Little Rock Law Review
No abstract provided.
Securities Regulation—Fraud—Rule 10b-5 No Longer Scares The Judiciary, But May Scare Corporate Defendants: The United States Supreme Court Switches Directions. Wharf (Holdings) Ltd. V. United International Holdings, Inc., 532 U.S. 588 (2001)., Bhavik R. Patel
University of Arkansas at Little Rock Law Review
No abstract provided.
An Arkansas Practitioner's Guide To Perfecting Security Interests In Securities, Brokerage Accounts, And Other Forms Of Investment Property Under Revised Article 8 And Amended Article 9, Everette L. Martin
University of Arkansas at Little Rock Law Review
No abstract provided.
The Ebb And Flow Of Section 10(B) Jurisprudence: An Analysis Of Central Bank, S. Scott Luton
The Ebb And Flow Of Section 10(B) Jurisprudence: An Analysis Of Central Bank, S. Scott Luton
University of Arkansas at Little Rock Law Review
No abstract provided.
Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James
Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James
University of Arkansas at Little Rock Law Review
No abstract provided.
Securities—Section 12(1) Seller Liability Limited To Persons Who Pass Title Or Solicit Securities Sales For Financial Gain. Pinter V. Dahl, 108 S. Ct. 2063 (1988)., Stan D. Smith
University of Arkansas at Little Rock Law Review
No abstract provided.
Securities Law—Partnerships—Adoption Of An Expansive Test For Defining A Security. Casali V. Schultz, 292 Ark. 602, 732 S.W.2d 836 (1987)., Charles P. Turley
Securities Law—Partnerships—Adoption Of An Expansive Test For Defining A Security. Casali V. Schultz, 292 Ark. 602, 732 S.W.2d 836 (1987)., Charles P. Turley
University of Arkansas at Little Rock Law Review
No abstract provided.
Judicial Activism In The Enforcement And Interpretation Of The Federal Securities Laws, John M. Sheffey
Judicial Activism In The Enforcement And Interpretation Of The Federal Securities Laws, John M. Sheffey
University of Arkansas at Little Rock Law Review
No abstract provided.
Real Estate And Unconventional Securities Under The Arkansas Securities Act, Harvey L. Bell
Real Estate And Unconventional Securities Under The Arkansas Securities Act, Harvey L. Bell
University of Arkansas at Little Rock Law Review
No abstract provided.
A Definition Of "Investment Contracts" And Equitable Defenses To Suit For Rescission For Nonregistration Under The Arkansas Securities Act, Anne P. Ritchey
A Definition Of "Investment Contracts" And Equitable Defenses To Suit For Rescission For Nonregistration Under The Arkansas Securities Act, Anne P. Ritchey
University of Arkansas at Little Rock Law Review
No abstract provided.