Mandatory Class Action Lawsuits As A Restructuring Technique,
2012
Pepperdine University
Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt
Pepperdine Law Review
No abstract provided.
Corporate Governance: Some Unasked Questions A Personal Commentary,
2012
Pepperdine University
Corporate Governance: Some Unasked Questions A Personal Commentary, Henry Lesser
Pepperdine Law Review
No abstract provided.
Foreword,
2012
Pepperdine University
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform,
2012
Pepperdine University
The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino
Pepperdine Law Review
No abstract provided.
Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers,
2012
William & Mary Law School
Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina
William & Mary Law Review
No abstract provided.
Striking The Wrong Balance: Constituency Statutes And Corporate Governance ,
2012
Pepperdine University
Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers
Pepperdine Law Review
No abstract provided.
How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders,
2012
Pepperdine University
How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers
Pepperdine Law Review
No abstract provided.
Beneficial Ownership And The Remic Classification Rules,
2012
Cornell Law School
Beneficial Ownership And The Remic Classification Rules, Bradley T. Borden, David J. Reiss
Cornell Law Faculty Publications
REMICs are securitized pools of mortgages that qualify for special flow-through taxation. To qualify for flow-through tax treatment, the pool must satisfy several requirements. An intended REMIC that fails to satisfy those requirements will likely be taxed as a corporation and payments made to holders of interests in a failed REMIC will likely be nondeductible dividend payments, subjecting the REMIC to significant tax and penalties. Such tax and penalties will cause beneficial interests in the pool to lose value and frustrate investors who relied upon REMIC classification as an incentive to purchase interests. Thus, tax classification is critical to REMICs …
The 2012 Us Model Bit And What The Changes (Or Lack Thereof) Suggest About Future Investment Treaties,
2012
Columbia Law School, Columbia Center on Sustainable Investment
The 2012 Us Model Bit And What The Changes (Or Lack Thereof) Suggest About Future Investment Treaties, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In April of this year the US State Department released a new version of its model bilateral investment treaty (BIT). This text, like the various models the US has used over roughly the past 3 decades, represents the US’s basic policy position when it starts negotiations on investment treaties with other countries, and is therefore an important benchmark for the outcome US investors might hope for as a result of ongoing and potential future talks with countries such as China, Russia, and India. Overall, this new model text follows the approach taken by the US in its investment treaties over …
Basel Iii And Credit Risk Measurement: Variations Among G20 Countries,
2012
University of San Diego
Basel Iii And Credit Risk Measurement: Variations Among G20 Countries, Matt Schlickenmaier
San Diego International Law Journal
Most countries require banks to hold extra capital to protect against unforeseen financial calamities; banks with riskier loans must hold more capital than those with safer loans. Basel II, a set of international banking standards, allows banks to measure a loan’s risk in different ways: some banks make their own judgments; others use outside agencies. The recent mortgage crisis prompted banks to reevaluate these methods, in part due to banks having failed to perceive the high level of risk inherent in securitized mortgages. The international community’s response was Basel III, an updated version of its previous standards. This Comment will …
Intra-African Investment – A Pressing Issue,
2012
Columbia Law School, Columbia Center on Sustainable Investment
Intra-African Investment – A Pressing Issue, Lise Johnson, Shawn Pelsinger
Columbia Center on Sustainable Investment Staff Publications
Intra-African investment is a critical source of growth for the continent, but is often overlooked. Africa Investor, together with the Vale Columbia Center on Sustainable Investment, reveals intra-African foreign direct investment is a rapidly growing phenomenon.
Can Timor-Leste Rely On Its Endowments To Achieve The Strategic Development Plan Targets?,
2012
Columbia Law School, Columbia Center on Sustainable Investment
Can Timor-Leste Rely On Its Endowments To Achieve The Strategic Development Plan Targets?, Nicolas Maennling
Columbia Center on Sustainable Investment Staff Publications
The Government of Timor-Leste invited the Earth Institute and CCSI to advise on the sustainable management and use of oil resources, in order to achieve higher living standards and sustainable development. One component of the project included the preparation of a sector study that assesses whether the Government can rely on agriculture, tourism and the petrochemical sectors to achieve its long term GDP growth and employment targets.
Death In One Act: The Case For Company Registration,
2012
Pepperdine University
Death In One Act: The Case For Company Registration, Michael Mcdonough
Pepperdine Law Review
No abstract provided.
An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital,
2012
Pepperdine University
An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital, Daniel Everett Giddings
Pepperdine Law Review
No abstract provided.
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration ,
2012
Pepperdine University
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Pepperdine Law Review
No abstract provided.
The New Crowdfunding Registration Exemption: Good Idea, Bad Execution,
2012
University of Florida Levin College of Law
The New Crowdfunding Registration Exemption: Good Idea, Bad Execution, Stuart R. Cohn
Florida Law Review
Title III of the JOBS Act, signed by President Obama on April 5, 2012, sets forth a new exemption from federal and state securities registration for so-called “crowdfunding” promotions. Crowdfunding is an increasingly popular form of raising capital through broad-based internet solicitation of donors. Many promotions simply seek charitable or other donations. But the lure of raising funds through the internet has also led to promotions for potentially profitable ventures that offer an economic return to donors. These efforts invoke the federal and state securities laws, as there are no de minimis standards protecting even the smallest of offerings. Registration …
Facebook, The Jobs Act, And Abolishing Ipos,
2012
University of Michigan Law School
Facebook, The Jobs Act, And Abolishing Ipos, Adam C. Pritchard
Law & Economics Working Papers
The market for initial public offerings (IPOs) — the first sale of private firms’ stock to the public — is notorious for its swings from peaks to valleys. This paper argues that these swings reflect serious flaws in the IPO scheme, and that U.S. capital markets should move toward a more stable alternative. Specifically, this paper argues for a two-tier market system in which new stock issuers initially participate in a less-regulated private capital market of accredited investors and then, if they choose, they can move to a more regulated, broader public market. Likewise, firms currently participating in the public …
Becoming The Fifth Branch,
2012
IIT Chicago-Kent College of Law
Becoming The Fifth Branch, William Birdthistle, M. Todd Henderson
All Faculty Scholarship
Observers of our federal republic have long acknowledged that a fourth branch of government comprising administrative agencies has arisen to join the original three established by the Constitution. In this article, we focus our attention on the emergence of perhaps yet another, comprising financial self-regulatory organizations. In the late eighteenth century, long before the creation of state and federal securities authorities, the financial industry created its own self-regulatory organizations. These private institutions then coexisted with the public authorities for much of the past century in a complementary array of informal and formal policing mechanisms. That equilibrium, however, appears to be …
A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5,
2012
New England Law School
A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop
The University of New Hampshire Law Review
[Excerpt] “Lawyers who make their living representing securities issuers face a myriad of challenges. Securities lawyers must navigate and master an intricate body of statutory, regulatory, and case law at both the state and the federal level and ensure that their clients comply with the law. The compliance requirement, however, is not limited to the issuer clients. Defrauded investors will often seek recovery of their losses from both the issuer of the failed investment securities and from the lawyers who represent the issuer, which only exacerbates the complexity of the securities lawyer’s work. These securities fraud actions against lawyers raise …
Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough",
2012
University of Missouri - Kansas City, School of Law
Executive Compensation: In Culture Of Greed And Selfishness, Is There Room For Theory Of "Enough", Robert C. Downs
Faculty Works
No abstract provided.
