On November 14, 2008, the Department of the Treasury issued its final rule to implement the Foreign Investment and National Security Act of 2007, which provided guidelines for the Committee on Foreign Investment in the United States when reviewing investments by foreign persons in U.S. businesses for national security issues. The final regulations go into … Read more »
Treasury Issues Final Regulations for Committee on Foreign Investment in the United States
On November 14, 2008, the Department of the Treasury issued its final rule to implement the Foreign Investment and National Security Act of 2007, which provided guidelines for the Committee on Foreign Investment in the United States when reviewing investments by foreign persons in U.S. businesses for national security issues. The Foreign Investment and National … Read more »
Hedge Fund Registration Act
Senator Charles Grassley of Iowa is looking to expand the registration requirements of the Investment Advisers Act. According to Jim Hamilton’s World of Securities Regulation, the Senator Will Reintroduce in 111th Congress Bill Requiring SEC Registration of Hedge Fund Advisers. The Washington Post story has Senator’s Grassley’s statement coming out of the House Oversight and … Read more »
Mark Cuban and Insider Trading
The Wall Street Journal reported that the SEC filed insider trading charges against Mark Cuban (owner of the Dallas Mavericks basketball team): SEC Charges Mark Cuban With Insider Trading. You can read the full text of the complaint against Mark Cuban. According to the complaint, Cuban owned 600,000 shares in Mamma.com Inc. (now called Copernic … Read more »
Additional Time to Comply with Identity Theft Prevention Regulations
The Massachusetts Department of Consumer Affairs and Business Regulation have extended the deadline for compliance with 201 CMR 17.00: Business Community Given Additional Time to Comply with Identity Theft Prevention Regulations. The regulations were orginally set to take effect on January 1, 2009. That deadline has been extended to May 1, 2009. The deadlines for … Read more »
Risk Factors for OFAC Compliance – Updated
OFAC has released a revised Risk Factors for OFAC Compliance in the Securities Industry on 11/05/2008. This release includes guidance regarding some specific risk factors relevant to firms in the securities industry. Read more »
Opening Securities and Futures Accounts from an OFAC Perspective
The Office of Foreign Assets Control published new guidance specific to the securities industry on 11/06/2008: Opening Securities and Futures Accounts from an OFAC Perspective. A strong OFAC compliance program consists of procedures that are similar to those found in a brokerage firm’s Customer Identification Program (“CIP”). Firms should use risk-based measures for verifying the … Read more »
Corporate Governance of Public Web Sites
Jane K. Storero and Yelena Barychev of The Legal Intelligencer and Law.com authored an article that the system of reviewing and monitoring information posted on a company Web site should be part of the disclosure controls included in the enterprise-wide risk management system established by the company: Corporate Governance of Public Web Sites. This article … Read more »
Deloitte sues vice chairman for client stock trades
Accounting firm Deloitte & Touche LLP has sued its former vice chairman for trading in securities of the firm’s audit clients. In a lawsuit filed Oct. 29 in Delaware Chancery Court, Deloitte said Thomas Flanagan “repeatedly lied to Deloitte about his clandestine trading activities in annual written certifications, going so far as to conceal the … Read more »
Imposing Caremark Fiduciary Duty on Corporate Officers
I previously posted on the Midland Grange case [Delaware Imposing Same Fiduciary Duty on Officers as Directors] where the Delaware Chancery Court imposed the same obligations on officers as directors, including the duty of loyalty and the duty of care. In Miller v. McDonald, et al., ( D. Del., Bankr., April 9, 2008), the Bankruptcy Court … Read more »