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Category Archives: Securities Law

New GAO Reports – Army Corps of Engineers, Defense Business Systems, Oil and Gas, USPS

ARMY CORPS OF ENGINEERS: Actions Needed to Further Improve Management of Hopper Dredging, GAO-14-290: Published: Apr 10, 2014. Publicly Released: May 12, 2014. CLEAR AIR FORCE STATION: Air Force Reviewed Costs and Benefits of Several Options before Deciding to Close the Power Plant, GAO-14-550: Published: May 12, 2014. Publicly Released: May 12, 2014. DEFENSE BUSINESS SYSTEMS: Further Refinements Needed to Guide theContinue Reading

Securities/Commodities/Exchange Civil Filings Jump 43%

“The latest available data from the federal courts show that during March 2014 the government reported a 43 percent jump in new securities/commodities/exchange civil filings. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), there were 93 new filings in March, up from 65 in February. It is too soon toContinue Reading

The Virtues of Private Securities Litigation: An Historic and Macroeconomic Perspective

Ramirez, Steven A., The Virtues of Private Securities Litigation: An Historic and Macroeconomic Perspective (April 18, 2014). Loyola University Chicago Law Journal, Vol. 45, No. 3, 2014. Available at SSRN: “In the wake of the Great Depression, the federal securities laws operated to mandate disclosure of material facts to investors and extend broad private remediesContinue Reading

SEC Staff Analysis of Data and Academic Literature Related to Money Market Fund Reform

“The staff of the Securities and Exchange Commission made available certain analyses of data and academic literature related to money market fund reform.  The analyses, which were conducted by the staff of the SEC’s Division of Economic and Risk Analysis, are available for review and comment on the Commission’s website as part of the commentContinue Reading

New GAO Reports – HHS National Preparedness, Social Security Death Data, Financial Audit of the SEC

NATIONAL PREPAREDNESS – HHS Is Monitoring the Progress of Its Medical Countermeasure Efforts but Has Not Provided Previously Recommended Spending Estimates, GAO-14-90, Dec 27, 2013 SOCIAL SECURITY DEATH DATA – Additional Action Needed to Address Data Errors and Federal Agency Access, GAO-14-46, Nov 27, 2013 FINANCIAL AUDIT – Securities and Exchange Commission’s Fiscal Years 2013 and 2012 Financial Statements [ReissuedContinue Reading

New GAO Reports – Clinical Data Registries, Federal Employees Health Benefits, 401(k) Plans

CLINICAL DATA REGISTRIES – HHS Could Improve Medicare Quality and Efficiency through Key Requirements and Oversight, GAO-14-75, Dec 16, 2013 FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM – Oversight of Carriers’ Fraud and Abuse Programs, GAO-14-39, Nov 14, 2013 FINANCIAL AUDIT – Bureau of Consumer Financial Protection’s Fiscal Years 2013 and 2012 Financial Statements, GAO-14-170R, Dec 16, 2013 FINANCIAL AUDIT – Federal Housing FinanceContinue Reading

OFR Report – Asset Management and Financial Stability

“The OFR delivered this report, Asset Management and Financial Stability, to the Financial Stability Oversight Council (Council) on ways that activities in the asset management industry could pose risks to the financial stability of the United States by creating, amplifying, or transmitting stress through the financial system. The OFR studied the activities of asset management firms andContinue Reading

Executive Excess 2013: Bailed Out, Booted, and Busted

“This 20th anniversary Executive Excess report examines the “performance” of the 241 corporate chief executives who have ranked among America’s 25 highest-paid CEOs in one or more of the past 20 years. The lavishly compensated CEOs we spotlight here should be exemplars of value-added performance. After all, sky-high CEO pay purportedly reflects the superior value that elite chief executivesContinue Reading

New SEC Ethics Rule Expands Ban on Former Employee Contact

Bloomberg: “Hundreds of U.S. Securities and Exchange Commission lawyers and examiners face new obstacles to cashing in on their agency experience under an expanded ethics rule to take effect in January. The change targets the practice of regulators moving to jobs at law firms and investment banks where they capitalize on their SEC relationships. TheContinue Reading

New SEC Policy – Violations by financial institutions include admission of guilt

Washington Post Wonkblog: “A few weeks ago, SEC Chairwoman Mary Jo White announced a significant change in policy: For certain violations, the agency would no longer allow financial institutions to simply pay a fine without admitting wrongdoing (also known as a “nolo contendere” plea). And in its latest cases, the SEC has been following through,Continue Reading

Discussion Paper – The Clearing Obligation under EMIR

“The European Securities and Markets Authority (ESMA) is publishing this discussion paper in order to seek stakeholders’ views on the preparation of the regulatory technical standards ESMA is required to draft under Article 5(2) “Clearing Obligation Procedure” of the Regulation (EU) No 648/2012 of the European Parliament and Council on OTC derivatives, central counterparties andContinue Reading

82 of top 100 publicly traded U.S. companies operate subsidiaries in tax haven jurisdictions

“With Congress considering big cuts to public programs, U.S. PIRG released fresh evidence that the vast majority of large companies are dodging taxes by stashing money in offshore tax havens. In a study of the top 100 publicly traded companies, as measured by revenue, the study  – Offshore Shell Games  – reveals that 82 maintainContinue Reading