Securities

Recent Posts

Dodd – Frank: Credit Rating Agencies, Part II
Posted on 25 Aug 2010 by Thomas O. Gorman

Dodd-Frank focuses on the structure of credit rating agencies, requiring revisions and imposing other requirements in an effort to resolve the conflicts of interest and other difficulties many believe were at the center of the market crisis. The article... Read More

Secretary of the Treasury Seeks Input on Whether Foreign Exchange Swaps and Foreign Exchange Forwards Should Be Regulated as Swaps Under Dodd-Frank
Posted on 8 Nov 2010 by Eversheds Sutherland LLP

by Sutherland's Derivatives and Structured Products Team Section 1a(47)(E) of the Commodity Exchange Act (CEA), as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), empowers the Secretary of the Treasury (Treasury... Read More

The US Private Equity Fund Compliance Guide
Posted on 23 Nov 2010 by Doug Cornelius

One of the struggles with implementing a compliance program for a private equity fund is that the Investment Advisers Act is targeted at retail operations dealing with relatively liquid investments. Neither fits well with the private equity model of... Read More

Pay to Play Rules for Placement Agents
Posted on 20 Jan 2011 by Doug Cornelius

The SEC imposed strict limitations on the ability of investment advisers to make political contributions when their clients include government bodies when it issued Rule 206(4)-5 . They don't want government investment decisions decided campaign... Read More

Proposed Rules for Implementing the Whistleblower Provisions From Dodd-Frank
Posted on 4 Nov 2010 by Doug Cornelius

The SEC has released the text of its proposed new rules for implementing the whistleblower provisions of Section 21F of the Securities Exchange Act of 1934: Release No. 34-63237 . In fashioning these proposed rules, the Commission has considered... Read More

Whistleblower Report Follow-On Securities Suit: We'll Be Seeing More of These
Posted on 4 Nov 2013 by Kevin M. LaCroix

On October 30, 2013, the SEC announced another whistleblower bounty award under the Dodd-Frank whistleblower program. Although the size of this latest award ($150,000) is relatively modest compared to the recent $14 million award (about which refer here... Read More

The Dodd-Frank Act: Commentary and Insights
Posted on 12 Nov 2010 by Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates has authored a 200-page analysis of the Dodd-Frank Act, which will offered as a LexisNexis Emerging Issues Analysis in the near future. Following is the firm's overview of their commentary... Read More

Morrison & Foerster: Securitization Reform
Posted on 13 Jul 2012 by Morrison and Foerster LLP

Since enactment of the Dodd-Frank Act, the most talked-about piece of securitization reform remains in the proposal phase. The proposed credit risk retention rule mandated under the Act has yet to be finalized. Most commenters believe that the risk retention... Read More

Morrison Foerster-One Down, One to Go: The SEC Completes the First Required Dodd-Frank Act Regulation D Rulemaking
Posted on 19 Jan 2012 by Morrison and Foerster LLP

The Securities and Exchange Commission (the "SEC") recently completed the first of two Regulation D rulemakings mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act"). The Dodd-Frank... Read More

SEC Targets Use of Side Pockets by Hedge Funds
Posted on 28 Oct 2010 by Clint A. Keller

The Securities and Exchange Commission's Asset Management Unit has been investigating whether hedge fund managers have overvalued assets in "side pockets" and then charged investors higher fees based on those inflated values. A side pocket... Read More

Interview with Stanford Law Professor Joseph Grundfest About the State of Securities Class Action Litigation
Posted on 25 Jan 2011 by Kevin M. LaCroix

Every year, the Stanford Law School Securities Class Action Clearinghouse , in conjunction with Cornerstone Research , releases its annual overview of securities class action lawsuit flings. As I noted in a post last week, this year's version introduced... Read More

Blowing Your Own Whistle: Trumpeting Your Whistleblower Policies in Response to the SEC's New Whistleblower Program
Posted on 26 Aug 2011 by Eversheds Sutherland LLP

by Cynthia Krus The U.S. Securities and Exchange Commission ("SEC") has issued final rules (the "Rules") implementing the whistleblower incentive program (the "Program") pursuant to Section 922 of the Dodd-Frank Wall Street... Read More

SEC: Whistleblower Protections Extend to Those Who Report Internally
Posted on 18 Feb 2015 by Doug Esten

A critical component of the SEC’s whistleblower program is the anti-retaliatory provisions of Exchange Act Section 21F, added to the statute by the Dodd-Frank Act. To implement that provision the Commission promulgated two rules. The first, Exchange... Read More

Sutherland Alert: Chairman Gensler Outlines Timeline for Finalizing and Implementing the Commodity Futures Trading Commission’s Dodd-Frank Rulemakings March 18, 2011
Posted on 29 Mar 2011 by Eversheds Sutherland LLP

by Jamie Cain In a speech (a copy of which can be found here ) at the recent Futures Industry Association (FIA) conference held in Boca Raton, Florida, earlier this week, Commodity Futures Trading Commission (CFTC) Chairman Gary Gensler laid out his... Read More