On June 11, 2013, the European Commission (E.C.) took another big step in its ongoing effort to make it easier for victims of antitrust violations in the European Union to seek damages for their injuries. It proposed legislation…more
The CFPB faces no easy task, but inspiration may be found in similar efforts outside the U.S.
In the world’s financial capital, financial literacy is surprisingly poor. In fact, a recent study published in the Wall Street…more
Baron de Montesquieu, explaining how best to avoid abuses by leaders, put it simply: “power must check power.” Although the principles of checks and balances have fostered stable governments for more than three hundred years,…more
In August 2011, the U.S. Court of Appeals for the Second Circuit issued a decision that has not received much attention: Fait v. Regions Financial, 655 F.3d 105 (2d Cir. 2011), about the scope of liability under Sections 11 and…more
A frightening reminder of the downside to the new push to encourage retail investors to dive into complex, illiquid investments…more
If any of us still thought that Facebook, Twitter, and other social media outlets were just for cheezburger-haz-ing cat pics, the Securities and Exchange Commission put an end to that yesterday.
Active investor engagement is essential to identify the red flags common among zombie private equity fund abuse…more
Although the FRC has now formally identified Autonomy as the target of an investigation related to pervasive accounting improprieties, it may be HP that has the most to lose, writes Michael Stocker, partner at Labaton…more
CPAs play an important role in protecting investors, and their primary duty is to serve the public—that is, all “who rely on the objectivity and integrity of certified public accountants to maintain the orderly functioning of…more
According to recent research by Cornerstone, 9 out of 10 mergers in 2010 and 2011 with a value of more than $100 million involved some form of dispute amongst the shareholders.
Originally published in Lawyer Monthly…more
Shareholder sensitivity to excessive corporate perks has continued to heighten these past few years, driven in part by a constant barrage of negative press over perks and an upward trend in SEC enforcement regarding how these…more
A drastic new change to long-established rulemaking practices may signal that our increasingly partisan political process is now exerting a powerful influence on proposed rules relating to the financial markets. The consequences…more
Naked price-fixing agreements among competitors traditionally have been subject to the per se rule, which declares such conduct to be illegal without analysis of its effect on competition.
Originally published in New York…more
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