Securities Franchise

Read need-to-know updates, commentary, and analysis on Securities issues written by leading professionals.
News & Analysis as of

The Ethical Business Compact-A New Compliance Best Practice?

Found on page 54 of the recently released Department of Justice (DOJ) Guidance on the Foreign Corrupt Practices Act (FCPA) is the following language: “Chapter 8 of the Sentencing Guidelines, which governs the sentencing of...more

Doing More with Less in Your Compliance Program (Not the 2013 Astros)

t was reported today that the Houston Astros pitchers and catchers report for Spring Training on February 11, 2013, with position players reporting on February 15. I thought about how much I used to look forward to Spring...more

How to Create a Post-Acquisition FCPA Compliance Program Integration Plan

Your company has just made its largest acquisition ever and your Chief Executive Officer (CEO) says that he wants you to have a compliance post-acquisition integration plan on his desk in one week. Where do you begin? Of...more

The FCPA Guidance and Declinations

I have previously written about my belief that the US Department of Justice (DOJ) should go further in releasing information about Declinations to Prosecute Foreign Corrupt Practices Act (FCPA) cases self-reported to both it...more

How the Noir Novel Informs Your Compliance Program

In the Work Matters column in the December 3 Issue of the Texas Lawyer, in an article entitled, “Ten Phrases Lawyers Hear That Portend Disaster” author Michael Maslanka explored his love of noir fiction, which I...more

Can a Party to Bribery be a Victim under the Crime Victim Rights Act?

It is the matter that my This Week In FCPA colleague Howard Sklar calls “This little lawsuit that could.” As reported by the FCPA Professor last week, the Instituto Costarricense De Electricidad (ICE) filed a...more

Five Essentials of a Chief Compliance Officer Position

Most of Shakespeare’s histories involve issues relating to kingship and how a king might reign. In some of the plays, such as Henry V, the example is of a positive nature. In others, such as Richard III, you may need to...more

Using History to Create or Rebuild a Compliance Culture

I have worked for and with a number of companies that may seem to have lost their compliance path and have become embroiled in a lengthy Foreign Corrupt Practices Act (FCPA) or UK Bribery Act investigation. They may need to...more

China 20/20 Legal & Regulatory Developments - September 29, 2012

In This Issue: - 12th Five Year Plan for Financial Industry Development and Reform - 12th Five Year Plan for the Development of Cloud Computing in China - MOFCOM Establishes Administrative Office for Commercial...more

Will the UK Let the Light of Day Shine Into Its Regulatory Process

Should the regulators process be shrouded in mystery or should there be disclosure into the light of day? That is a question currently before authorities in London. As reported in the Financial Times (FT) column Inside...more

Infobytes - August 17 2012 - A Weekly In-depth review of news & developments in the financial services industry.

TOPICS COVERED THIS WEEK - FEDERAL ISSUES - MORTGAGES - BANKING - CONSUMER FINANCE - SECURITIES - E-COMMERCE - PRIVACY/DATA SECURITY Excerpt From Federal Issues: CFPB...more

Pfizer DPA Part II – Enhanced Compliance Obligations and Corporate Compliance Obligations

Last week I began an exploration of the Pfizer Deferred Prosecution Agreement (DPA) which was announced last week by the Department of Justice (DOJ) in connection with its settlement of Foreign Corrupt Practices Act (FCPA)...more

Barclay’s Speeding Defense and GlaxoSmithKline’s Claw backs – Implications for FCPA Compliance

I once heard James Baker say that the only way to know how a person will perform as President of the United States is by being President. In other words, there is no way to test how a person will respond to the stresses and...more

China 20/20: Legal & Regulatory Developments - January 23, 2012

In This Issue: -China Issues New Foreign Investment Catalogue -NDRC Issues Notice to Standardize Equity Investment Enterprises -China Improves Administration of Foreign Invested Holding Companies -MOFCOM...more

Chapman v. Rudd Paint and Varnish , 409 F.2d 635 (1969)

Chapman v. Rudd Paint and Varnish

The Ninth Circuit held that the promotional brochure was not part of the agreement, and contained fundamental elements that did not create a security as defined by federal law. The distributor agreement specified that the...more

Preserving The Stockholder Franchise: Johnston V. Pedersen (Del. Ch. Sept 23, 2011)

In This Issue - Preserving the Stockholder Franchise: Johnston v. Pedersen (Del. Ch. Sept 23, 2011) - Recent Compensation Trends in Mergers and Acquisitions and Section 409A - Recent Reforms and Trends in the...more

Former Chairman of Wm Morrison Supermarkets Plc Fined for Breach of Share Disclosure Rules

On August 16, the UK Financial Services Authority (FSA) announced that it had published a final notice imposing a penalty of £210,000 (approximately $350,000) on Sir Ken Morrison (KM), the former chairman of Wm Morrison...more

Saint or Sinner? The Efficacy of the Proposed “1,000 Shareholder” Amendment to Section 12(g)

In response to what they believe to be a hindrance to capital formation, Representatives David Schweikert (R-AZ) and Jim Himes (D-CT) have introduced a bill in the House that would amend Section 12(g) of the Exchange Act. The...more

Franchsing and the FCPA

The Foreign Corrupt Practices Act (FCPA) applies to all US companies and individuals which conduct business overseas. FPCA practitioners recognize there are two components: (1) the anti-bribery component, handled by the...more

California’s Big EASI

My friend, Bill Twomey, suggested a post describing how to get copies of securities and franchise filings made with the Department of Corporations. It’s actually pretty easy. The DOC maintains the California Electronic...more

Meadow Fresh Farms v. Sandstrom

Does the sale of $25 worth of merchandise and a $3.50 literature packet satisfy the statutory standard for an "investment" under...

The North Dakota Supreme Court held that the de minimus fees involved in joining Meadow Fresh qualified the program as a franchise and as a security, subjecting it to both regulatory schemes. Meadow fresh sold milk powder...more

46 Results
|
View per page
Page: of 2

Follow Securities Updates on:

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×