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Securities Law Commons

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Securities

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Institution
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Articles 421 - 450 of 523

Full-Text Articles in Securities 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 …


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.


United States V. Naftalin Jun 1980

United States V. Naftalin

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.


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.


Reliance Requirement For A Non-Tendering Shareholder Jun 1980

Reliance Requirement For A Non-Tendering Shareholder

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.


Delaware Developments Jun 1980

Delaware Developments

Washington and Lee Law Review

No abstract provided.


Federal Regulation Jun 1980

Federal Regulation

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.


Proving Fraud Under The Commodities Acts Jun 1980

Proving Fraud Under The Commodities Acts

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 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 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.


Standing To Sue Under The Williams Act Jun 1980

Standing To Sue Under The Williams Act

Washington and Lee 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 (1956 - )

No abstract provided.


Directors' Duties And Liabilities Under The Securities Acts And Corporation Law, Elliot Goldstein, Michael Shepherd Jun 1979

Directors' Duties And Liabilities Under The Securities Acts And Corporation Law, Elliot Goldstein, Michael Shepherd

Washington and Lee Law Review

No abstract provided.


Extraterritorial Effect Of The Registration Requirements Of The Securities Act Of 1933, Peter John Mitchell Rohall Jan 1979

Extraterritorial Effect Of The Registration Requirements Of The Securities Act Of 1933, Peter John Mitchell Rohall

Villanova Law Review (1956 - )

No abstract provided.


Federal Courts - Use Of Mandamus To Compel Adjudication Of A Claim Within Exclusive Federal Jurisdiction, Glenn S. Goldstein Jan 1979

Federal Courts - Use Of Mandamus To Compel Adjudication Of A Claim Within Exclusive Federal Jurisdiction, Glenn S. Goldstein

Villanova Law Review (1956 - )

No abstract provided.


Sec Accounting Series Release No. 150: A Critical Analysis, Ronald E. Large Jan 1979

Sec Accounting Series Release No. 150: A Critical Analysis, Ronald E. Large

Indiana Law Journal

No abstract provided.


The Foreign Corrupt Practices Act Of 1977: A Private Right Of Action?, Mary F. Lyle Jan 1979

The Foreign Corrupt Practices Act Of 1977: A Private Right Of Action?, Mary F. Lyle

Vanderbilt Journal of Transnational Law

The Foreign Corrupt Practices Act of 1977 (the Act) was passed as a consequence of revelations of foreign and domestic bribes, kickbacks, political payoffs and other questionable financial practices by corporations throughout the past several years. The Act requires issuers of securities subject to the registration and reporting provisions of the Securities Exchange Act of 1934 to comply with specific accounting standards. In addition, the Act provides for civil and criminal liability when an issuer or any domestic concern not an issuer uses the mails or any instrumentality of interstate commerce in furtherance of certain payments to foreign officials...

The …


Director And Audit Committee Responsibilities Relating To Perquisites, Charles B. Tomm Jan 1979

Director And Audit Committee Responsibilities Relating To Perquisites, Charles B. Tomm

Washington and Lee Law Review

No abstract provided.


Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii Jan 1979

Definition Of A Security: Risk Capital And Investment Contracts In Washington, Michael E. Stevenson, John J. O'Leary, Iii

Seattle University Law Review

The addition of the risk capital definition to Washington's securities law will expand regulation to many transactions that in the past were excluded. Although its full application is unforeseeable, the risk capital definition should apply to financing arrangements in the formation of clubs, associations, and cooperatives. Practitioners must be keenly aware that ventures not traditionally defined within Washington's securities regulations many now fall under the risk capital definition of a security.


The Plight Of Small Issuers Under The Securities Act Of 1933: Practical Foreclosure From The Capital Market, Rutheford B. Campbell Jr. Jan 1978

The Plight Of Small Issuers Under The Securities Act Of 1933: Practical Foreclosure From The Capital Market, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

The thesis of this Article is simple: the Securities Act of 1933 does not work very well for small issuers, a premise which the Securities and Exchange Commission appeared to tacitly recognize in a series of announcements released early this year. Because of a combination of exorbitant costs, unmanageable levels of ambiguity, unworkable resale provisions and contamination caused by prior illegal sales of stock, a small issuer often is unable to comply with the 1933 Act. As a result it may be difficult or even impossible for a small issuer to raise capital by selling stock.

There are obvious pernicious …


Voluntary Recapitalization, Fairness, And Rule 10b-5: Life Along The Trail Of Santa Fe, Rutheford B. Campbell Jr. Jan 1978

Voluntary Recapitalization, Fairness, And Rule 10b-5: Life Along The Trail Of Santa Fe, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

In corporate recapitalizations, the board of directors will sometimes propose a recapitalization plan which substantially alters the “bundle of rights” represented by preferred shares. Although these plans cannot usually be completed without the approval of a majority of the preferred shareholders, the preferred shareholders are at a disadvantage to protect their interests for several reasons. Thus preferred shareholders who are dissatisfied with the change in their rights will sometimes call upon state courts to enjoin the recapitalization on the grounds that it is unfair or fraudulent; state courts, however, have provided only slight protection for preferred shareholders. In this article, …


Security Interests In Motor Vehicles: A Conflict In Kentucky Law, Henry Lawson Jan 1978

Security Interests In Motor Vehicles: A Conflict In Kentucky Law, Henry Lawson

Kentucky Law Journal

No abstract provided.


Securities Law - Rule 10b-5 - Oral Executory Contract To Purchase Securities Held To Provide Sufficient Basis For Standing To Bring Private 10b-5 Action, And Fraud Occuring During The Pendency Fo The Executory Contract Held To Be In Connection With The Purchase Of Securities, Lisa S. Hunter Jan 1978

Securities Law - Rule 10b-5 - Oral Executory Contract To Purchase Securities Held To Provide Sufficient Basis For Standing To Bring Private 10b-5 Action, And Fraud Occuring During The Pendency Fo The Executory Contract Held To Be In Connection With The Purchase Of Securities, Lisa S. Hunter

Villanova Law Review (1956 - )

No abstract provided.


Federalism And The Law Of Securities Regulation: Thelegacy Of Brown V. Board Of Education, Jan G. Deutsch, Lewis H. Larue Jun 1977

Federalism And The Law Of Securities Regulation: Thelegacy Of Brown V. Board Of Education, Jan G. Deutsch, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.


1976-1977 Securities Law Developments Jun 1977

1976-1977 Securities Law Developments

Washington and Lee Law Review

No abstract provided.