Category: Securities Law  
TheCorporateCounsel.net Blog - January 05, 2009
Court Finds No Independent Duty to File SEC Reports Under the TIA Last winter, I noted the continuing saga of whether the typical delivery covenant in an indenture can be used to declare a default when an iss
TheCorporateCounsel.net Blog - December 30, 2008
SEC Updates Oil and Gas Disclosure Requirements Yesterday, the SEC announced that it had approved changes to the disclosure requirements applicable to oil and gas companies. The Commission’s approval of these rule chang
TheCorporateCounsel.net Blog - December 29, 2008
Nasdaq Extends its Suspension of Price and Market Value Tests Nasdaq has announced that it filed a rule change with the SEC extending - until April 20, 2009 -
TheCorporateCounsel.net Blog - December 23, 2008
Chris Cox: An Unusual "Admission" Last Tuesday, the SEC issued this statement regarding the Bernie Madoff fraud. A number of folks have asked my opinion about the Chairman's admission in this third paragraph:
TheCorporateCounsel.net Blog - December 22, 2008
SEC Closed on Friday, December 26th: Federal Holiday? A few weeks ago, the White House issued an executive order making this Friday, the 26th, a day off for the US government. It's not uncommon for the da
The 10B-5 Daily - December 19, 2008
NERA Economic Consulting has released a study entitled 2008 Trends in Securities Class Actions. The study reaches the following notable conclusions: (1) There have been 255 securities class action filings this year (through Dec. 14), on pace for a 10-year...
TheCorporateCounsel.net Blog - December 19, 2008
ABA's Blawg 100: We Finally Made It! After repeatedly being passed up for any sort of blog awards (the blog is six and a half years old!), Dave and I finally made the "ABA Blawg 100" list. We are grateful for the reco
TheCorporateCounsel.net Blog - December 18, 2008
Obama Expected to Nominate Mary Schapiro as Next SEC Chair Yesterday, it was widely reported that President-elect Obama intends to nominate Mary Schapiro as the next SEC Chair. If indeed nominated and confirmed by the Senate, Mary would be the first female SEC Chair. Mary's backgro
The 10B-5 Daily - December 17, 2008
The U.S. Court of Appeals for the Fourth Circuit has issued its first opinion applying the Tellabs decision on the pleading of scienter (i.e., fraudulent intent). Those who follow the Fourth Circuit's jurisprudence in this area will be unsurprised to...
TheCorporateCounsel.net Blog - December 17, 2008
Updated "Proxy Season" Practice Area, New D&O; Questionnaires and More As we do every year, we have updated our "Proxy Season" Practice Area (thanks to Julie Hoffman) - including posting these
TheCorporateCounsel.net Blog - December 16, 2008
How to Issue FDIC-Guaranteed Debt under the TLGP To help you prepare for the wave of TLGP deals, tune in tomorrow for the webcast - "How to Issue FDIC-Guaranteed Debt under the TLGP" - featuring: - Jeff Ka
TheCorporateCounsel.net Blog - December 15, 2008
OCA Remarks at Last Week’s AICPA Conference The SEC has posted speeches made by the Office of Chief Accountant's Staff at last week’s AICPA National Conference on Current SEC and PCAOB Developments (the Corp Fin Staff speeches have not yet been posted). OCA’s remarks cover a wide
The 10B-5 Daily - December 12, 2008
SCAS Alert (RiskMetrics) has an article on what the coming year may bring for securities litigators. The main speculation is whether the Democratic majorities in Congress will seek to overturn the Supreme Court's decisions in Central Bank (no aiding and...
TheCorporateCounsel.net Blog - December 12, 2008
Here Comes XBRL! For those of you out there who were hoping that XBRL might just go away, your hopes have been dashed, because the SEC has announced that it will consider adoption of the interactive data propo
TheCorporateCounsel.net Blog - December 11, 2008
Renewal Time Since all our memberships expire at the end of this month, please renew today at our “Renewal Center” for: - TheCorporateCoun