BY ALEXANDRA KUTCHINS The Supreme Court of the United States vacated an injunction against the attorney general of New York insofar as it prohibited him from bringing a judicial enforcement action to enforce compliance with New York fair-lending law because the vesting of visitorial powers in the Comptroller of the […]
Volume 12-1
THE SUPREME COURT’S REVIEW OF JONES V. HARRIS ASSOCIATES AND § 36(b) CLAIMS UNDER THE INVESTMENT COMPANY ACT OF 1940—A PROSPECTIVE AND ANALYTICAL VIEW
BY JAMES F. KOEHLER, ESQ. AND P. WESLEY LAMBERT, ESQ. Since its enactment, no plaintiff has ever prevailed in a court case challenging the size of an advisory fee charged by a mutual fund adviser under § 36(b) of the Investment Company Act of 1940 (the “ICA”). Continue Reading>
THE ONGOING BATTLE AGAINST INSIDER TRADING: A COMPARISON OF CHINESE AND U.S. LAW AND COMMENTS ON HOW CHINA SHOULD IMPROVE ITS INSIDER TRADING LAW ENFORCEMENT REGIME
BY LIU DUAN Almost every country prohibits insider trading in order to protect its investors and to ensure fair and competitive security markets. For the People’s Republic of China (“China”), an effective and reliable financial market reasonably free of the stain of insider trading is essential for its successful integration […]
INVIGORATING THE ROLE OF THE IN-HOUSE LEGAL ADVISOR AS STEWARD IN ETHICAL CULTURE AND GOVERNANCE AT CLIENTBUSINESS ORGANIZATIONS: FROM 21ST CENTURY FAILURES TO TRUE CALLING
BY BEN G. PENDER II As a composite, American business organizations are a moral failure. Public trust in business has reached a forty year low.1 The current global economic downturn is, “at its core, a crisis of trust.” Characterized by former NASDAQ chairman Bernard Madoff, Satyam CEO Byrraju Ramalinga Raju, […]
COMPLIANCE AS THE COMPETITIVE DIFFERENTIATOR
BY JAMES RATHZ Financial compliance is often perceived as an insular risk management process designed to keep the regulated firm and its employees in conformity with federal and state securities statutes. This certainly is an essential aspect of compliance, but thoughtful consideration will reveal that this regulatory comportment is not […]
ORGANIC COMPLIANCE . . . DOING MORE WITH LESS
BY ELIZABETH HORRIGAN RATHZ The risk management capabilities of a financial services management team have always been a game changer for shareholders, clients, and employees. For regulated entities, timely and perceptive identification of regulatory and reputational risk contributes to improved productivity and a greater return on capital investment over the […]
