Around The World Of Securities Fraud In Eighty Motions To Dismiss,
2014
University of Idaho
Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture
Loyola University Chicago Law Journal
No abstract provided.
Drowning In Disclosure: The Overburdening Of The Securities & Exchange Commission,
2014
University of Denver
Drowning In Disclosure: The Overburdening Of The Securities & Exchange Commission, Celia R. Taylor
Sturm College of Law: Faculty Scholarship
The belief that mandatory disclosure requirements enhance the efficiency of the United States capital markets and protect investors therein is a touchstone of federal securities regulation. During the 1932 presidential campaign, Franklin Delano Roosevelt promised to enact federal legislation to protect investors by mandating disclosure, drawing on the views of Louis Brandeis who famously stated, "publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." The fruit of those promises was the Securities Act of 1933, which requires companies issuing public securities to …
Power To The People: How The Sec Can Empower The Crowd,
2014
Vanderbilt University Law School
Power To The People: How The Sec Can Empower The Crowd, R. Kevin Saunders, Ii
Vanderbilt Journal of Entertainment & Technology Law
Crowdfunding emerged as a heralded capital-formation mechanism at a time when capital markets desperately need it, but is it actually viable? Following passage of the JOBS Act and issuance of proposed rules by the SEC, equity crowdfunding will soon become reality. When signing the JOBS Act, President Obama touted it as a means "to increase American job creation and economic growth," but that will only hold true for Title III, Crowdfunding, if the SEC creates an attractive market for high-quality projects. The SEC's proposed rules impose a heavy disclosure burden relative to a low maximum offering amount, offering a poor …
Surveillant And Counselor: A Reorientation In Compliance For Broker-Dealers,
2014
Brooklyn Law School
Surveillant And Counselor: A Reorientation In Compliance For Broker-Dealers, James A. Fanto
Faculty Scholarship
No abstract provided.
The Improbable Birth And Conceivable Death Of The Securities Arbitration Clinic,
2014
Pace Law School
The Improbable Birth And Conceivable Death Of The Securities Arbitration Clinic, Jill Gross
Cardozo Journal of Conflict Resolution
This Article explores the birth, life, and possible death of SACs in the United States. Part II of this Article describes the history of the securities arbitration clinic in the United States. Part III describes how a SAC operates and how SAC students help investors. Part IV reviews the pedagogical advantages and disadvantages of a SAC, and addresses the reluctance of many law schools to embrace this type of clinic. Part V concludes by predicting whether these clinics have a future in light of the modern challenges to clinical legal education.
Ipos And The Slow Death Of Section 5,
2014
Georgetown University Law Center
Ipos And The Slow Death Of Section 5, Donald C. Langevoort, Robert B. Thompson
Kentucky Law Journal
No abstract provided.
Substituted Compliance And Systemic Risk: How To Make A Global Market In Derivatives Regulation,
2014
Fordham University School of Law
Substituted Compliance And Systemic Risk: How To Make A Global Market In Derivatives Regulation, Sean J. Griffith
Faculty Scholarship
The conventional wisdom is that the global financial crisis of 2007-2008 revealed faults in the ability of international financial regulation to contain the problem of systemic risk. Further conventional wisdom suggests that the failure to regulate comple
From Revolutionary To Palace Guard: The Role And Requirements Of Intermediaries Under Proposed Regulation Crowdfunding,
2014
CrowdCheck, Inc.
From Revolutionary To Palace Guard: The Role And Requirements Of Intermediaries Under Proposed Regulation Crowdfunding, Andrew D. Stephenson, Brian R. Knight, Matthew Bahleda
Michigan Business & Entrepreneurial Law Review
Intermediaries in securities crowdfunding face significant requirements as a result of the statutory mandates of Title III of the JOBS Act. The SEC, in its proposed rules, provided structure to these requirements. The proposed rules would create strict requirements for intermediaries regarding their relationships with investors and how they undertake crowdfunding transactions under Section 4(a)(6) of the Securities Act. The proposed rules would also create and establish the guidelines for funding portals, a new type of limited purpose securities broker. While some commentators decry the SEC for placing undue burdens and legal liabilities on intermediaries in securities crowdfunding, the SEC …
The Jobs Act Trojan Horse: A Gift To Startups With Something Else Inside?,
2014
University of Michigan Ross School of Business
The Jobs Act Trojan Horse: A Gift To Startups With Something Else Inside?, Erik Gordon
Michigan Business & Entrepreneurial Law Review
This Comment will analyze which provisions of the Act are consistent with the purpose that sponsors would have the public believe, that emphasized by the name “JOBS Act,” and distinguish them from those provisions that serve as menacing soldiers hidden under the cover of a name that diverts attention from the Act’s true purpose.
Enhancing The Legal And Regulatory Environment For Investment In Social Enterprise,
2014
University of Michigan Law School
Enhancing The Legal And Regulatory Environment For Investment In Social Enterprise, Dilpreet K. Minhas
Michigan Business & Entrepreneurial Law Review
The objectives of this Note are: 1) to provide readers interested in social enterprise and entrepreneurship an introduction to these endeavors and the growing trend toward using them; 2) to present the challenges stemming from the legal and financial frameworks surrounding social investment activity, which can inhibit the survival and growth of social enterprises; and 3) to propose suggestions for addressing such challenges and limitations in order to better support the survival of social enterprise. Part II and Part III provide a broad perspective of the types of investment in and nurturing of social entrepreneurship in the U.S. Part IV …
Insider Trading And Other Securities Frauds In The United States: Lessons For Chile,
2014
Wöss & Partners, PPLC
Insider Trading And Other Securities Frauds In The United States: Lessons For Chile, Dante Figueroa
Michigan Business & Entrepreneurial Law Review
This Article is a comparative analysis of insider trading law in the United States and Chile. The study summarily reviews the historical, political, and legal foundations of insider trading regulation in both jurisdictions, identifying areas of convergence, as well as areas in which the Chilean securities market could benefit vis- ` a-vis the more advanced experience of the considerably larger American securities market. The Article also highlights the axiological closeness between both jurisdictions concerning the protection of inside corporate information and the fiduciary role of those who intervene in securities markets in their various capacities (as investors, shareholders, corporate officers, …
Legally "Strong" Shareholders Of Japan,
2014
University of Tokyo
Legally "Strong" Shareholders Of Japan, Gen Goto
Michigan Business & Entrepreneurial Law Review
Foreign investors often criticize Japanese corporations for not paying enough attention to the interests of their shareholders. It might surprise these critics, then, to learn that shareholders’ legal rights under the Japanese Companies Act are actually quite strong. Indeed, many of the rights that shareholders’ rights advocates often support, including shareholders’ power to alter a corporate charter without board consent, shareholders’ power to control dividend payments, majority voting for board elections, shareholders’ power to replace the board of directors, and shareholder access to a corporate ballot—all of which are strongly debated elsewhere— are already effective in Japan. Moreover, derivative suits …
Around The World Of Securities Fraud In Eighty Motions To Dismiss,
2014
University of Idaho College of Law
Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture
Articles
No abstract provided.
The Pslra Discovery Stay Meets Complex Litigation: Five Questions Answered,
2014
University of Idaho College of Law
The Pslra Discovery Stay Meets Complex Litigation: Five Questions Answered, Wendy Gerwick Couture
Articles
No abstract provided.
Securities Regulation Of Alternative Litigation Finance,
2014
University of Idaho College of Law
Securities Regulation Of Alternative Litigation Finance, Wendy Gerwick Couture
Articles
No abstract provided.
Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc.,
2014
University of Miami School of Law
Opening The Floodgates Of Small Customer Claims In Finra Arbitration: Finra V. Charles Schwab & Co., Inc., Teresa J. Verges
Articles
No abstract provided.
Comments: The Securities And Exchange Commission's Proposed Regulations Under The Crowdfund Act Strike A Necessary Balance Between The Burden Of Disclosure Placed On Issuers Of Securities And Meaningful Protection For Unsophisticated Investors,
2014
University of Baltimore School of Law
Comments: The Securities And Exchange Commission's Proposed Regulations Under The Crowdfund Act Strike A Necessary Balance Between The Burden Of Disclosure Placed On Issuers Of Securities And Meaningful Protection For Unsophisticated Investors, Stuart Evan Smith
University of Baltimore Law Review
No abstract provided.
Liability And Admission Of Wrongdoing In Public Enforcement Of Law,
2014
Duke Law School
Liability And Admission Of Wrongdoing In Public Enforcement Of Law, Samuel W. Buell
Faculty Scholarship
Some judges and scholars have questioned the social value of the standard form in which the Securities and Exchange Commission settles its corporate enforcement actions, including the agency’s use of essentially unreviewed consent decrees that include no admission of liability or wrongdoing. This essay for a symposium on SEC enforcement provides an analysis of the deterrent effects of the three main components of settlements in public enforcement of law: liability, admission, and remedy. The conclusions are the following. All three components have beneficial deterrent effects. Cost considerations nonetheless justify some settlements that dispense with liability or admission, or even both. …
The Gathering Storm: Restructuring Sovereign Contingent Liabilities,
2014
Duke Law School
The Gathering Storm: Restructuring Sovereign Contingent Liabilities, Lee C. Buchheit, Mitu Gulati
Faculty Scholarship
The contingent liabilities of a sovereign, such as guarantees of the debts of third parties, can normally be kept off the balance sheet of the sovereign guarantor. That is their charm. As the debt to GDP ratios of many developed countries approach red-zone levels, contingent liabilities are increasingly being favored over direct, on-the-balance-sheet, borrowings.
But what happens if a country carrying large contingent liabilities needs to restructure its debt? The borrower dare not leave its contingent claims out of the restructuring. To do so would risk undermining the financial predicates of the sovereign’s economic recovery program should the beneficiaries of …
Santa Anna And His Black Eagle: The Origins Of Pari Passu?,
2014
Duke Law School
Santa Anna And His Black Eagle: The Origins Of Pari Passu?, Benjamin Chabot, Mitu Gulati
Faculty Scholarship
One of the most debated issues in international finance is the meaning of the pari passu clause in sovereign bonds. The clause is ubiquitous; it is in almost every single foreign-law sovereign bond out there. Yet, almost no one seems to agree on its meaning. One way to cut the Gordian knot is to track down the origins of the clause. Modern lawyers may have simply copied the clause from the documents of their predecessors without understanding its meaning. But surely the people who first drafted the clause knew what it meant. Four enterprising students at Duke Law School may …
