These are some compliance-related stories that recently caught my attention: A Study of Individual Liability under the Foreign Corrupt Practices Act (.pdf 6 pages)By M. Scott Peeler of Chadbourne & Park LLP In this Special Report, Scott Peeler reviews lessons and patterns from his review of government initiated civil and criminal FCPA cases filed against … Read more »
Some New Financial Legislation is Moving Along
Four bills made their way through the Capital Markets and Government Sponsored Enterprises Subcommittee of the House Financial Services Committee. Private Company Flexibility and Growth Act (H.R. 2167) Access to Capital for Job Creators Act (H.R. 2940) Entrepreneur Access to Capital Act (H.R. 2930) The Small Company Job Growth and Regulatory Relief Act (H.R. ____) The Private … Read more »
2011 LexisNexis Corporate and Securities Law Blog Nominees
For the second year, LexisNexis is seeking your input in choosing the top blogs for their Corporate and Securities Law Community. (Warning, this post post contains blatant self-promotion.) Looking at the list of candidates, I see many blogs that I read regularly. But there are several on the list that I had not heard of … Read more »
The SEC and Rating Agencies
The SEC examined all 10 firms registered Nationally Recognized Statistical Rating Organization (.pdf 23 pages) and found all 10 had “apparent failures”. The SEC has requested remediation plans from each of the agencies within 30 days and is continuing its investigation. The issues found included “apparent failures in some instances to follow ratings methodologies and … Read more »
Compliance Bits and Pieces for October 7
These are some compliance-related stories that recently caught my eye: How Well Do Financial Markets Separate News from Noise? Evidence from an Internet Blooper by Carlos Carvalho, Nicholas Klagge, and Emanuel Moench in Liberty Street Economics How efficiently do financial markets process news of unexpected events? This question becomes particularly salient now, as multiple events … Read more »
Reckless Endangerment
So what caused the 2008 financial crisis? We know that the direct cause was the meltdown in the US housing market. I think we are still trying to put together the pieces and point the finger of blame. It was a big bubble and the explosive reaction when the bubble burst. It took many different … Read more »
Lifting the Ban on General Solicitation
From a securities compliance perspective, when you see an advertisement or an email seeking capital for an investment opportunity there is most likely a problem. Now there is a bill in Congress that would change that view. When selling a security, you need to register the security or find an appropriate exemption from registration. Most … Read more »
Crowdfunding
It’s hard to raise capital. The regulatory restrictions imposed by securities laws make it harder to do so. As any bright-eyed entrepreneur with a dream project will tell you, the lawyers and the securities laws make it very expensive and time consuming to raise capital for a small project. The central goal of the Securities … Read more »
Stealing Private Equity Investment Opportunities
Private equity transactions are not outside the scope of enforcement by the Securities and Exchange Commission. The SEC filed a case against a former principal of an investment adviser that manages private equity funds. The charge is that he “usurped …[a] lucrative investment opportunity in a private company.” At this point, the SEC has only … Read more »
Compliance Bits and Pieces for September 30
These are some compliance-related stories that recently caught my eye: “Is there anything connected with this accelerator that involves the security of the country?” by Chris Yeh in Adventures in Capitalism “It has only to do with the respect with which we regard one another, the dignity of man, our love of culture. It has … Read more »