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Disclosure
830 published works
Securities Law Prof Blog
FINRA Fines Jefferies $1.5 Million for Conduct Involving ARS
FINRA announced that it fined Jefferies & Company, Inc. $1.5 million for failing to disclose additional compensation received and conflicts in connection with the sale of auction rate securities (ARS). FINRA also…
Pension Risk Matters
Gateway to More ERISA Litigation
According to a March 30, 2011 regulatory update from attorneys at Goodwin Procter, ERISA litigation may increase as the result of U.S. Department of Labor ("DOL") efforts. Click to access "Regulatory…
Global Investigations & Compliance Review
SEC Moves to Require Companies to Report Use of “Conflict Minerals”
Squire Patton Boggs' James Barresi writes that in April, the Securities and Exchange Commission plans to issue new regulations requiring companies to disclose whether their production utilizes “conflict minerals” from…
The Business of Benefits
Guidelines For Keeping It Simple Under 408(b)(2)
By Robert Toth
Working through the technical terms of 408(b)(2) is not much different than putting together a picture puzzle. There are a lot of pieces which fit together in some very precise ways.…
Securities Law Prof Blog
Oesterle on Materiality
The Overused and Under-Defined Notion of 'Material' in Securities Law, by Dale A. Oesterle, Ohio State University (OSU) - Michael E. Moritz College of Law, was recently posted on SSRN. …
Securities Law Prof Blog
Tenth Circuit Addresses Broker-Dealer Exemption from Definition of Investment Adviser
The Investment Advisers Act of 1940 excludes from its broad definition of "investment adviser" broker-dealers that provide advice "solely incidental to" their conduct as broker-dealers and receive no "special compensation" for…
Securities Law Prof Blog
Bartram et alia on U.S. Stock Volatility
Why are U.S. Stocks More Volatile?, by Sohnke M. Bartram, Lancaster University; Gregory W. Brown , University of North Carolina (UNC) at Chapel Hill - Finance Area; and Rene M.…
InsureReinsure
New York Court of Appeals: Brokers Have No Common-Law Duty to Disclose Incentives, But Are Required To Do So by New Regulation
New York's highest court recently ruled insurance brokers do not have a common law duty to disclose to their customers the fact that they may have received incentive payments received…
Corporate and Securities Law
SEC Adopts Rules Regarding Review of Assets in ABS Offerings
By Jill Radloff
Securities Law Prof Blog
SEC ADOPTS DISCLOSURE FOR ASSET-BACKED SECURITIES
The SEC today adopted new rules related to representations and warranties in asset-backed securities offerings. The final rules require securitizers of asset-backed securities to disclose fulfilled and unfulfilled repurchase requests. They also…