Dodd-Frank Litigation
Recent CLE Materials – Minnesota Law
Litigation, Uncategorized David Jenson and I recently presented at the Minnesota CLE’s annual Business Law Institute. Our formal 2011 case and statutory summary can be accessed here and our PowerPoint can be accessed here. We’ve also included our summary from 2010 here. Among other things, they contain plenty of cautionary tales for lawyers and their business clients [...] Read more →
SEC Study on the Cross-Border Scope of the Private Right of Action Under Section 10(b) of the Exchange Act
Litigation Section 929Y of the Dodd-Frank Act directed the SEC to solicit public comment and then conduct a study to consider extending a private right of action for transnational securities... Read more →
SEC Approves FINRA Rule Change Regarding Non-Arbitration of Whistleblower Disputes
Broker-Dealer, Litigation On November 21, 2011, the Financial Industry Regulatory Authority, Inc., or FINRA, filed with the SEC a proposed rule change to amend FINRA Rule 13201 of the Code of Arbitration... Read more →
Plaintiffs Challenging CFTC Position Limits Dealt Set Back
Derivatives, Litigation As we noted, the International Swaps and Derivatives Association, Inc., or ISDA, and the Securities Industry and Financial Markets Association, or SIFMA, filed a legal challenge... Read more →
Sentencing Commission Acts on Dodd-Frank
Litigation The United States Sentencing Commission is considering promulgating certain amendments to the sentencing guidelines, policy statements, and commentary. With respect to the... Read more →
Social Media Fraudster Causes Knee Jerk SEC Reaction
Broker-Dealer, Investment Advisers, Litigation, Private Equity The SEC recently commenced an enforcement action against a registered investment adviser who allegedly “offered more than $500 billion in fictitious securities through various... Read more →
One Cincinnati Bell Say-on-Pay Case Settled, Second in Limbo
Employment, Executive Compensation, Litigation, Public Companies and Securities Cincinnati Bell has agreed to settle one of the say-on-pay law suits which is pending against it in the Hamilton County Court of Common Pleas. The lawsuit arises out of the... Read more →
FINRA Proposes Amendment to Conform Arbitration to Dodd-Frank
Broker-Dealer, Employment, Litigation FINRA has filed a proposed rule change to amend FINRA Rule 13201 of the Code of Arbitration Procedure for Industry Disputes to align the rule with statutes that invalidate... Read more →
Kaufman Memorial Securities Law Moot Court Competition
Litigation, Public Companies and Securities Each spring, Fordham University School of Law hosts the Irving R. Kaufman Memorial Securities Law Moot Court Competition. Held in honor of Chief Judge Kaufman, a Fordham Alumnus... Read more →
Faultless Sarb-Ox Clawbacks for CEOs and CFOs – Delay Lets You Negotiate Down
Executive Compensation, Litigation, Public Companies and Securities The SEC has announced that the former chief executive officer and chairman of CSK Auto Corporation, Maynard Jenkins, has agreed to return $2.8 million in bonus compensation and... Read more →