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 […]
Archive for May, 2012
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 […]
A SURVEY OF REGULATIONS APPLICABLE TO INVESTMENT ADVISERS
BY JOSHUA E. BROADED When I joined the Securities and Exchange Commission in 2003 they asked me for a three-year commitment. I was told that it took at least a year for a new examiner to learn enough to become useful in the field, and the SEC wanted to lock […]
WASN’T MY BROKER ALWAYS LOOKING OUT FOR MY BEST INTERESTS? THE ROAD TO BECOME A FIDUCIARY
BY STEVEN D. IRWIN, SCOTT A. LANE, AND CAROLYN W. MENDELSON Recently, a call for public change has been heard for the brokerage business. Is it time for a broker to have the same legal duty to his or her client as the investment adviser? Many in society are unaware […]
