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SNR Denton on The Consumer Financial Protection Agency Act of 2009
Posted on 14 Oct 2009 by Stephen Ornstein, Matthew Yoon, John Holahan

As part of its comprehensive plan for financial regulatory reform, the Obama Administration has proposed the creation of a new federal regulator, the Consumer Financial Protection Agency (CFPA). In this Emerging Issues Analysis, Stephen F.J. Ornstein... Read More

Jaworski on the Clearing House Decision: A Supreme Defeat for the OCC
Posted on 27 Jul 2009 by Robert M Jaworski

In June 2009, the Supreme Court in Cuomo v. Clearing House Ass'n, L.L.C. , 129 S. Ct. 2710 (U.S. 2009) invalidated a regulation adopted by the Office of the Comptroller of the Currency (OCC) which purported to preempt efforts by state officials to... Read More

Kardis on Antitfraud, the Internet and the Blogosphere
Posted on 23 Mar 2009 by Phillip J. Kardis II

In 2000, the Securities and Exchange Commission (the Commission) issued systematic guidance on the electronic delivery of disclosure documents and company liability for their Web sites content. Since the 2000 Electronic Release, company Web sites have... Read More

Perlow, Peery and Rosenblum on Regulators Focus on Flash Orders, Indicators of Interest, Dark Pools and Co-location
Posted on 7 Sep 2009 by Mark Perlow, Gordon Peery, Robert Rosenblum

The United States Securities and Exchange Commission (SEC) has announced that it will examine and reconsider the legality of "flash orders," a market practice that is associated with high-frequency trading (HFT), as part of a larger review of... Read More

K&L Gates on Dodd-Frank Wall Street Reform: Future Rulemaking
Posted on 26 Jul 2010 by K & L Gates LLP

Excerpt: On June 30, 2010, the House adopted the conference report on H.R. 4173, the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Bill" or "Bill"). The Senate is expected to follow suit when it returns from... Read More

Backgrounder: Obama Administrations Plan for Financial Regulatory Reform
Posted on 22 Jun 2009 by Matthew Bender Editorial Staff

On June 17, 2009, President Obama proposed plans for sweeping changes to our financial regulatory system to better oversee the complex system of financial products and services and prevent future financial crises. This backgrounder provides an overview... Read More

CFPA, AFS, FIRA: Regulatory Reform Alphabet Soup--Making Sense of the Systemic Risk and Financial Regulatory Reform Legislative Proposals from the Obama Administration and Congress
Posted on 29 Dec 2009 by arnold

The past several weeks have seen the US Senate and House of Representatives each take the legislative proposals regarding systemic risk and financial regulatory agency reform proposed by the Administration and put its own spin on the subjects in introducing... Read More

Kardis, Lyden, Wise and Green on 2008 REIT Developments
Posted on 23 Mar 2009 by P. Kardis, R. Wise, A. Green, and T. Lyden

While 2008 was a difficult year for many real estate investment trusts (REITs), there were a number of positive developments. In this Commentary, Phillip J. Kardis II, Thomas J. Lyden, Roger S. Wise, and Anthony C. Green summarize the top tax and securities... Read More

Taylor on Amending the Foreign Private Issuer Exemption
Posted on 6 Apr 2009 by Jeffrey M. Taylor

The SEC Exchange Act Release No. 58465, 2008 SEC LEXIS 2098 (Sept. 5, 2008), adopted amendments to the conditions for foreign private issuers to rely upon the “information exemption.” The amendments will require such issuers to publish certain... Read More

The New Amendment to NYSE Rule 452
Posted on 7 Dec 2009 by K & L Gates (William Gleeson et al.)

Excerpt: Rule 452 of the New York Stock Exchange has been amended to eliminate broker discretionary voting in uncontested elections of directors (the "Amendment"). The NYSE proposed the Amendment and the SEC approved it on July 1, 2009... Read More

Gabe Shawn Varges Examines Emerging International Indicators for Compliance Function Expectations, Particularly Positioning, Resources, and Authority
Posted on 30 Mar 2010 by Gabe Shawn Varges

Global trends on risk management help foreshadow what may come to be expected of compliance functions in an increasing number of jurisdictions, particularly in respect of positioning, resources, and authority. Gabe Shawn Varges, Head of Governance at... Read More

The SEC’s Proposed Revisions to Money Market Fund Rules
Posted on 17 Nov 2009 by K & L Gates (Clair Pagnano et al.)

The Securities and Exchange Commission ("SEC'') has proposed amendments to the rules governing money market mutual funds (''money funds'') registered under the Investment Company Act of 1940 (the ''1940 Act''... Read More

Winer on the SEC's Enforcement Developments
Posted on 23 Mar 2009 by Kenneth Winer

In October 2008, the SEC's Enforcement Division adopted a manual setting forth general policies and procedures on the investigation of potential securities laws violations. In February 2009, SEC Chairman Mary Schapiro made two announcements changing... Read More

Frank Aquila and Melissa Sawyer on Contingent Value Rights -- Means to an End: Using CVRs to Bridge Valuation Gaps in Public Company M&A Deals
Posted on 8 Oct 2009 by Frank Aquila & Melissa Sawyer

In this commentary, Frank Aquila and Melissa Sawyer provide an overview of the flexibility of contingent value rights (CVRs), which are being more widely used by innovative M&A dealmakers when the deal price or valuation gap cannot be bridged. ... Read More

Goldberg and Greer on the SECs Adoption of Regulation S-AM
Posted on 11 Nov 2009 by Alan P. Goldberg and Mark R. Greer

Regulation S-AM is designed to prevent registered investment advisers, investment companies, broker-dealers and registered transfer agents ("Covered Persons") from using certain consumer information provided by a Covered Persons affiliate to... Read More