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Full-Text Articles in Law
The Bleeding Edge: Theranos And The Growing Risk Of An Unregulated Private Securities Market, Theodore O'Brien
The Bleeding Edge: Theranos And The Growing Risk Of An Unregulated Private Securities Market, Theodore O'Brien
University of Miami Business Law Review
America’s securities laws and regulations, most of which were created in the early twentieth century, are increasingly irrelevant to the most dynamic emerging companies. Today, companies with sufficient investor interest can raise ample capital through private and exempt offerings, all while eschewing the public exchanges and the associated burdens of the initial public offering, public disclosures, and regulatory scrutiny. Airbnb, Inc., for example, quickly tapped private investors for $1 billion in April of 2020, adding to the estimated $4.4 billion the company had previouslyraised.2 The fundamental shift from public to private companies is evidenced by the so-called “unicorns,” the more …
Exactly What They Asked For: Linking Harm And Intent In Wire Fraud Prosecutions, Christina M. Frohock, Marcos Daniel Jiménez
Exactly What They Asked For: Linking Harm And Intent In Wire Fraud Prosecutions, Christina M. Frohock, Marcos Daniel Jiménez
University of Miami Law Review
Recent opinions have obscured the U.S. Court of Appeals for the Eleventh Circuit’s guidance on federal criminal fraud prosecutions. In 2016, the court decided United States v. Takhalov and found no crime of wire fraud where the alleged victims received the benefit of their bargain. Just three years later, the concurring opinion in United States v. Feldman criticized that prior reasoning as puzzling, inviting problematic interpretations that become untethered from the common law of fraud. This Article tracks the development of the court’s view and argues for an interpretation of Takhalov that links harm to the specific intent necessary for …
Extraterritorial Criminal Enforcement Of Securities Fraud Regulations After United States V. Vilar, Edgardo Rotman
Extraterritorial Criminal Enforcement Of Securities Fraud Regulations After United States V. Vilar, Edgardo Rotman
University of Miami Law Review
In August 2013, the Court of Appeals for the Second Circuit in the case of United States v. Vilar denied extraterritorial application of the criminal law antifraud provisions contained in the Securities Exchange Act. The specific object of this paper is to criticize this decision and negate its premises.
After delving in depth into the notion of extraterritoriality, the paper offers a dynamic interpretation of the 1922 Supreme Court’s decision in United States v. Bowman, which is still the governing precedent on extraterritorial application of criminal laws. Furthermore, the paper criticizes the application of the 2010 Supreme Court’s decision …
The Arbitrage Of Truth: Combating Dissembling Disclosure, Derivatives, And The Ethic Of Technical Compliance, William H. Widen
The Arbitrage Of Truth: Combating Dissembling Disclosure, Derivatives, And The Ethic Of Technical Compliance, William H. Widen
University of Miami Law Review
No abstract provided.
Misrepresentations In Applications For Insurance, John Dwight Ingram
Misrepresentations In Applications For Insurance, John Dwight Ingram
University of Miami Business Law Review
No abstract provided.
Antitrust Liability Premised, Edward D. Cavanagh
Antitrust Liability Premised, Edward D. Cavanagh
University of Miami Business Law Review
No abstract provided.
Immigration Marriage Fraud Amendments Of 1986: Till Congress Do Us Part, Eileen P. Lynskey
Immigration Marriage Fraud Amendments Of 1986: Till Congress Do Us Part, Eileen P. Lynskey
University of Miami Law Review
No abstract provided.