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Monday, August 1, 2011
Over 15 years ago, in Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A. , 511 U.S. 164 (1994), the Supreme Court held that Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5 do not permit private civil plaintiffs to recover on an aiding and abetting theory. Since then, the lower federal courts have struggled to discern...
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Friday, July 1, 2011
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Monday, December 6, 2010
On November 3, 2010, by a unanimous vote, the Securities and Exchange Commission proposed rules to implement the whistleblower incentives and protection provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank").
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Monday, October 4, 2010
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 ("Dodd-Frank"), one of the most wide-ranging legislative efforts at financial reform since the Great Depression. While much of the Act focuses on significant financial regulatory measures, it also contains a number of procedural and...
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Sunday, October 4, 2009
On July 17, 2009, in a significant defeat for the Securities and Exchange Commission, Northern District of Texas, Chief District Judge Sidney Fitzwater dismissed the high-profile insider-trading charges that the SEC had brought against well-known entrepreneur Mark Cuban.1In a 35-page opinion, Judge Fitzwater set forth a comprehensive analysis of the so-...
