BY AMOD CHOUDHARY While the financial world was obsessed with the sub-prime mortgage crisis that resulted in a staggering loss of at least $380 billion dollars, a related and equally potent occurrence in the auction rate securities market did not catch the attention of the American public. The reason for […]
Volume 11-1
Sarbanes-Oxley Section 307 Domestically and Abroad: Will Section 307 Lead to International Change?
BY SCOTT H. MOLLETT The enactment of the Sarbanes-Oxley Act (the “Act”) was a seminal event in American securities regulation. Prompted by the spectacular collapse of Enron and other corporate scandals, the Act further developed the United States shareholder-oriented corporate governance mechanisms: a more independent, accountable board, and more technical […]
The United States Bankruptcy Code Stamp-Tax Exemption, § 1146(a)…
BY CRAIG JOSEPH SPERLAZZA The United States Supreme Court found in favor of the Petitioner holding that the Bankruptcy Code’s stamp- tax exemption, § 1146(a), applies only to transfers made under the authority of a Chapter 11 plan that has been previously confirmed. Continue Reading>
Injured Investors are Without a Private Right of Action Against Aiders and Abettors of Primary Actors Where the Investors Did Not Rely on the Secondary Actors…
BY DENNIS HOUGH The Supreme Court of the United States affirmed the judgment of the Court of Appeals for the Eighth Circuit by denying an injured investor‘s private right of action against aiders and abettors of the primary actor because the investor did not rely on the secondary actors‘ actions. […]
The Attorney-Client Privilege in the European Union and Italy: Time for a Change
BY ANTONIO LORDI The uproar of the Court of First Instance’s decision in Microsoft Corp. v. Commission in September of 2007 has shadowed the importance of another decision issued by the same tribunal on the same day that actually has much more impact than the former because it involves the entire legal […]
The Federal Energy Regulatory Commission Can Only Invalidate a Freely Negotiated Contract…
BY JOSEPH L. SMITH The Supreme Court of the United States affirmed the Ninth Circuit on alternative grounds and remanded to the Federal Energy Regulatory Commission to evaluate whether the contractual rates were harmful to the public interest, and whether unlawful market manipulation existed. Continue Reading>
