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Articles 1 - 26 of 26

Full-Text Articles in Law

Incorporation And The Securities Acts, Daniel T. Murphy Oct 1980

Incorporation And The Securities Acts, Daniel T. Murphy

Law Faculty Publications

ATTORNEYS, when advising clients regarding the advantages and disadvantages of incorporating a business, must carefully consider the applicability of the securities laws, state and federal, to the venture from its inception. If a business were run as a proprietorship or a general partnership, the principals could dispose of their interests in the business without consideration of the securities laws. The issuance of stock by a corporation to such individuals in exchange for cash or their interests in the business triggers the application of both state and federal securities laws. More importantly, however, the attorney must recognize that these statutes will …


United States V. Naftalin Jun 1980

United States V. Naftalin

Washington and Lee Law Review

No abstract provided.


Emergency Power Of The Commodity Futures Trading Commission Jun 1980

Emergency Power Of The Commodity Futures Trading Commission

Washington and Lee Law Review

No abstract provided.


Reliance Requirement For A Non-Tendering Shareholder Jun 1980

Reliance Requirement For A Non-Tendering Shareholder

Washington and Lee Law Review

No abstract provided.


Delaware Developments Jun 1980

Delaware Developments

Washington and Lee Law Review

No abstract provided.


Proving Fraud Under The Commodities Acts Jun 1980

Proving Fraud Under The Commodities Acts

Washington and Lee Law Review

No abstract provided.


Implied Private Rights Of Action Under Section 17(A) Jun 1980

Implied Private Rights Of Action Under Section 17(A)

Washington and Lee Law Review

No abstract provided.


Rule 10b-5: The Circuits Debate The Exclusivity Of Remedies, The Purchaser-Seller Requirement, And Constructive Deception Jun 1980

Rule 10b-5: The Circuits Debate The Exclusivity Of Remedies, The Purchaser-Seller Requirement, And Constructive Deception

Washington and Lee Law Review

No abstract provided.


Rule 10b-5 And Section 18: The Conflict Between Express And Implied Remedies Jun 1980

Rule 10b-5 And Section 18: The Conflict Between Express And Implied Remedies

Washington and Lee Law Review

No abstract provided.


Pledges Of Securities After Blue Chip Jun 1980

Pledges Of Securities After Blue Chip

Washington and Lee Law Review

No abstract provided.


Constructive Deception Under Rule 10b-5 Jun 1980

Constructive Deception Under Rule 10b-5

Washington and Lee Law Review

No abstract provided.


Standing To Sue Under The Williams Act Jun 1980

Standing To Sue Under The Williams Act

Washington and Lee Law Review

No abstract provided.


Freezeout Merger Regulation: An Sec Rule Joins State Efforts Jun 1980

Freezeout Merger Regulation: An Sec Rule Joins State Efforts

Washington and Lee Law Review

No abstract provided.


Federal Regulation Jun 1980

Federal Regulation

Washington and Lee Law Review

No abstract provided.


What Is A Commodity? Jun 1980

What Is A Commodity?

Washington and Lee Law Review

No abstract provided.


Implied Private Rights Of Action Under The Commodities Acts Jun 1980

Implied Private Rights Of Action Under The Commodities Acts

Washington and Lee Law Review

No abstract provided.


Performance-Based Compensation For Investment Advisers To Business Development Companies, David P. Porter Jan 1980

Performance-Based Compensation For Investment Advisers To Business Development Companies, David P. Porter

Case Western Reserve Law Review

No abstract provided.


Securities Law - Rule 10b-5 - Recklessness Formulation Of Scienter Requirement Under Rule 10b-5, Thomas G. Wilkinson Jr. Jan 1980

Securities Law - Rule 10b-5 - Recklessness Formulation Of Scienter Requirement Under Rule 10b-5, Thomas G. Wilkinson Jr.

Villanova Law Review

No abstract provided.


Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino Jan 1980

Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino

Fordham Law Review

No abstract provided.


A New Direction For Implied Causes Of Action, Catherine M. Costa Jan 1980

A New Direction For Implied Causes Of Action, Catherine M. Costa

Fordham Law Review

No abstract provided.


A New Direction For Implied Causes Of Action, Catherine M. Costa Jan 1980

A New Direction For Implied Causes Of Action, Catherine M. Costa

Fordham Law Review

No abstract provided.


Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino Jan 1980

Mutual Fund Advisory Fees--Too Much For Too Little?, Angelo G. Savino

Fordham Law Review

No abstract provided.


Standing Under Section 14(E) Of The Securities Exchange Act Of 1934: May A Tender Offeror Sue For Injunctive Relief?, James A. Scaduto Jan 1980

Standing Under Section 14(E) Of The Securities Exchange Act Of 1934: May A Tender Offeror Sue For Injunctive Relief?, James A. Scaduto

Fordham Urban Law Journal

This Note examines certain legal issues arising out of the increasing popularity of cash tender offers as a means for gaining control of public companies. Specifically, this Note will examine The Williams Act and its protection against possible fraud committed by parties attempting to use cash tender offers to take control of a company. Next, the Note will review the U.S. Supreme Court decision Piper Aircraft, Inc. v. Chris-Craft Industries, Inc. to see if a tender offeror can sue for damages under section 14(e) of Securities Exchange Act of 1934 if it is defrauded by another tender offeror.


The Right To Financial Privacy Act: New Protection For Financial Records, Lorena Kern Davitt Jan 1980

The Right To Financial Privacy Act: New Protection For Financial Records, Lorena Kern Davitt

Fordham Urban Law Journal

This Comment looks at the right of financial privacy and Congress' recent attempt to recognize it. It goes on to analyze the Financial Privacy Act. Finally, the Comment examines the origins of the Act, the various provisions of the Act, and the problems associated with the Act.


Mandating Disclosure In Municipal Securities Issues: Proposed New York Legislation, Thomas S. Currier Jan 1980

Mandating Disclosure In Municipal Securities Issues: Proposed New York Legislation, Thomas S. Currier

Fordham Urban Law Journal

This article surveys the existing mechanisims (primarily stemming from federal law) resulting in financial disclosure in connection with the offering and sale to the public of securities of New York municipal issuers. It also describes and compares alternative models for regimes of municipal issuer financial disclosure, such as the MFOA Guidelines, the federal Williams Bill and Industrial Bond Act and New York's Disclosure Proposals. The article ultimately concludes that although the isolated purpose of protecting investors in a municipal securities market that is largely national could most effectively be pursued by the imposition of uniform disclosure requirements through federal law, …


What Is A Security? -- A Redefinition Based On Eligibility To Participate In The Financial Markets, Scott T. Fitzgibbon Dec 1979

What Is A Security? -- A Redefinition Based On Eligibility To Participate In The Financial Markets, Scott T. Fitzgibbon

Scott T. FitzGibbon

No abstract provided.