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Full-Text Articles in Law
Merging The Sec And Cftc - A Clash Of Cultures, Jerry W. Markham
Merging The Sec And Cftc - A Clash Of Cultures, Jerry W. Markham
Faculty Publications
The massive subprime losses at Citigroup, UBS, Bank of America, Wachovia, Washington Mutual, and other banks astounded the financial world. Equally shocking were the failures of Lehman Brothers, Merrill Lynch, and Bear Stearns. The conversion of Goldman Sachs and Morgan Stanley into bank holding companies left no large independent investment banks standing. If all that was not enough, Bernard Madoff's incredible $50 billion Ponzi scheme was a new milestone in the nation's financial history. Those failures and Madoff's fraud were unforeseen and undetected by the regulator, the Securities and Exchange Commission (SEC), which was responsible for overseeing the broker-dealers that …
Leveraged Liquidity: Bear Raids And Junk Loans In The New Credit Market, Jose M. Gabilondo
Leveraged Liquidity: Bear Raids And Junk Loans In The New Credit Market, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Credit Rating Agencies, Structured Securities, And The Way Out Of The Abyss, Lois R. Lupica
Credit Rating Agencies, Structured Securities, And The Way Out Of The Abyss, Lois R. Lupica
Faculty Publications
The article examines the role of credit rating agencies (CRAs) in the evolving financial markets, and particularly in connection with the structured finance markets. The movement away from relationship-based lending based on trust, to the less personal capital markets, makes an objective assessment of creditworthiness essential to the structure of legitimate transactions, as well as to the credibility of investor decision-making. Yet, the financial crisis of 2008-2009 revealed that the CRAs seriously underestimated the risk of many complex securities that they rated. As CRAs have devoted a greater share of their resources to develop methods of rating these progressively more …
A Middle Ground On Insider Trading, Thomas A. Lambert
A Middle Ground On Insider Trading, Thomas A. Lambert
Faculty Publications
For more than four decades, corporate law scholars have debated whether government should prohibit insider trading, commonly defined as stock trading on the basis of material, nonpublic information. Participants in this long-running debate have generally assumed that trading that decreases a stock's price should be treated the same as trading that causes the price to rise: either both forms of trading should be regulated or neither should. I argue for a middle-ground position in which "price-decreasing insider trading" (sales, short sales, and purchases of put options on the basis of negative information) is deregulated, while "price-increasing insider trading" (purchases of …