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Vol. 41, Nos. 1-42, pp. 1-1976 Jan. 5 -- Oct. 26, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
ACCOUNTING
Acquisitions, consulting firm discloses SEC probe, 1554
Banking, consolidation of balance sheets critical to creating financial buffers, international group says, 1245 Deliberative process privilege properly asserted by SEC officials in fraud suit (D. Colo.), 381 Fair value
See FAIR VALUE
Heavy equipment manufacturer settles accounting fraud charges (D. Conn.), 1554 IASB Loan loss reserves, Grant Thornton suggests bank regulators dynamically adjust capital requirements, 946 Oil and gas, SEC files suit against CFOs and vendor over fraudulent accounting of aging debt (E.D. La.), 1377 Pensions, SEC to look skeptically at methods used to smooth losses, official tells conferees, 1082 Reporting requirements Revenue recognition Standards review, Bernanke calls for reduction in pro-cyclicality, 454 Whistleblowers, GAAP violations are not Sarbanes-Oxley violations, claim fails (U.S., rev den), 789
Haitian-Americans targeted in alleged investment club scheme (S.D. Fla.), 14
Investor education, proactive approach urged by Aguilar, 819 Ponzi schemes
See PONZI SCHEMES
Christians targeted in forex Ponzi scheme (N.D. Ga.), 1375
Church leaders face criminal and civil charges for fraud on elderly parishioners (E.D.N.Y.), 708 Elderly churchgoers targeted in private loan agreement scheme, couple settles claims (W.D.N.C.), 1678 Faith-based fraud, felony charges filed against pastor (Ind. Cir. Ct.), 1371 Unions and associations, NASAA begins educational initiative, 1277
BDO network not liable for flawed audit by member firm (Fla. Cir. Ct.), 1283
FCPA, panelists advise companies to know their agents and have transparent compensation, 759
Cap-and-trade, Gensler advocates strong regulatory regime at Senate Agric. Comm. hearing, 1696
CFTC, subcommittee on convergence, nominees sought, 475; 18 members named, 830 Clearance, CFTC grants exemption to CME for bilateral corn, wheat, and soy swaps, 582 Grain and soy, CBOT limits futures speculation, 321 Minneapolis Grain Exchange, CFTC recommends increased compliance staff, 1699 Oil for Food kickbacks, agricultural manufacturer settles claims (D.D.C.), 1825 Position limits on CBOT, CFTC no-action letters rescinded, 1595 Speculation limits Wheat, Senate report says speculation created volatility, recommends phase out of waivers and exemptions, 1221; Gensler mulling ending exemptions for position limits, 1422
Misleading prospectuses, views sought from SEC and amici on extent of liability (1st Cir.), 344; en banc review granted, 1400
Build America bonds, MSRB reminds dealers that all rules apply, 808; issuance expected to top $50 billion in 2009, 1313
Executive compensation, Dodd (D-Conn) urges SEC to clarify say-on-pay requirements for TARP firms, 337; SEC issues guidance, 339
See now NYSE AMEX
Anonymous internet postings by corporate executives, 417
Arbitration of broker-customer disputes, 1213 Bond insurance, demand still exists for guarantees and enhancements, 370 CFTC, Chilton says investigations of excessive speculation were not thorough, 469 Class actions
Foreign claimants, recent decisions add new barriers, 1167
Loss causation and class certification, 1014 Control person liability in SEC enforcement actions, 1686 Corporate penalty pre-authorization program at SEC, 307 Directors, personal liability, 714 Fair value controversy colors 2009 policy landscape, 170 Federal sentencing guidelines after economic crisis, 821 Fiduciary duty, application of business judgment rule to officers, 622 Fifth Amendment, invocation in joint SEC/DOJ actions, 574 Foreign Corrupt Practices Act, trends and developments, 466 Futures trading, legislative attention on speculation and OTC clearing, 128 Global economic crisis, outlook for 2009, 121; correction, 169 Hedge funds
Systemic risk makes regulation likely, 131
Year in review, 519 Madoff fraud, 840 Municipal securities disclosure, 1538 Private funds, regulatory reform, 1316 Proxy access, potential legal challenge to SEC, 1115 Recession, corporate governance, 921 Regulation of investment advisers and broker-dealers, 776 Regulatory reform under Obama, 1209 Research analyst disclosures, suggested changes, 217 Rumors, regulators examine measures to halt spread of false information, 1170 Sarbanes-Oxley, special duties and divergent reporting obligations for attorneys, 1739 Schedule 13D reporting exception for ordinary course of business, 1628 Securities and Exchange Commission
Chief Accountant, lengthy search narrowed down to five, 1020
Enforcement trends 2009, 1255
Conflict of interest
Disclosures, Analysis and Perspective, 217
Excess proceeds from 2003 settlement to go to Treasury (S.D.N.Y.), 1100 Failure to comply with 2003 settlement, Credit Suisse settles charges (FINRA), 1529 IPOs, conflict claims against Morgan Stanley dismissed (S.D.N.Y.), 270 Fraudulent reports and market manipulation, investor class certified (S.D.N.Y.), 1576 Ga., forbearance from sale based on recommendation of celebrity analyst, question certified to state supreme court (2d Cir.), 1073 Insider trading
Pre-published reports, purchasing trader sentenced (S.D.N.Y.), 348
UBS executive settles SEC claims, disgorges gains (S.D.N.Y.), 1200 South Korea to probe sell recommendations, 19
AXA, investors who purchased through broker-dealers may not compel originating firm to arbitrate (M.D. Ala.), 13
Charitable gift annuities in Ponzi scheme are securities (9th Cir.), 1250 Free lunch seminars, cease and desist order sought for unsuitable annuity sales to seniors (SEC), 1252 Indexed annuities as securities, Federal Brief, 86; rule may be affected by presidential rulemaking halt, 106; insurers file claims to invalidate rule (D.C. Cir.), 117; insurers file for expedited review, 168; expedited review granted, 201; state insurance regulators and legislators file claims, actions consolidated, 301; SEC defends rulemaking, 696; oral arguments heard, 902; rule struck down, 1385; further developments, see LEGISLATION, FEDERAL, HR 2733 Market timing
Investment adviser for funds underlying variable annuities consents to sanctions (SEC), 769
SLUSA preempts claims, dismissal proper (4th Cir.), 210; (U.S., rev den), 1859 Supervisory system, FINRA charges firm and personnel with failure to conduct timely review and falsifying information, 514
Affinity fraud
See AFFINITY FRAUD
See HEDGE FUNDS
See INSIDER TRADING
See MADOFF FRAUD
See MAIL FRAUD
See MONEY LAUNDERING
See REAL ESTATE
See OIL AND GAS
See PONZI SCHEMES
See SCIENTER
See WIRE FRAUD
Stanford fraud, CEO of Financial Services Regulatory Commission indicted (S.D. Tex.), 1206
Microprocessors, shareholder derivative claims re monopolization dismissed (D. Del.), 1217
Treasury futures, class certification affirmed for claims against firm attempting to corner the market (7th Cir.), 1331
See RETAIL INDUSTRY
All public option, FINRA pilot program expanded, 1865
Annuities, investors who purchased through broker-dealers may not compel originating firm to arbitrate (M.D. Ala.), 13 Attorney signatory on account documents must arbitrate claims against broker (S.D.N.Y.), 1246 Auction rate securities
Consequential damages, NASAA launches website to guide investors filing claims, 625
FINRA sees dramatic increase in claims for ARS and derivatives, 608 Redemption, institutional investor attempting to halt procedures fails to show irreparable harm (S.D.N.Y.), 164 Unauthorized purchases, Credit Suisse ordered to pay damages by FINRA, 296 Central Registration Depository record expungement, new procedures announced, 11 Departing advisers, Merrill cannot prove irreparable harm, injunction prior to arbitration denied (D. Utah), 707 Forum, initiating proceedings in non-negotiated venue is not refusal to arbitrate (2d Cir.), 1789 Hedge fund, arbitration award to investors relying on broker statements at odds with offering documents not improper (C.D. Cal.), 1165 Hedging expertise, investors may proceed with claims of misrepresentation (N.Y. App. Div.), 1797 Investment advisers not covered under FINRA rules prohibiting arbitration of class actions (D. Minn.), 1731 Jurisdiction, attorney representing member firm in FINRA action properly sanctioned for copying privileged material (Cal. Ct. App.), 227 Mandatory arbitration provisions, bill to ban Mergers, post-closing payments calculation claim must be arbitrated (Del. Ch.), 92 Meritless dismissal motions, FINRA rule to eliminate approved, 51 Offshore accounts, Merrill Lynch ordered to pay Masonic Hall trust for mishandling funds, 615 Registered representatives, noncompliance with FINRA rules does not invalidate agreement (Mo. Ct.. App.), 25 Retirement funds, dismissal of claims against broker not improper (E.D. Pa.), 1165 Vacatur
Authority, Federal Arbitration Act provides only available grounds for overturning award (W.D. Tex.), 661
Manifest disregard of law is not grounds for vacating award under Federal Arbitration Act (5th Cir.), 505
Bond default claims, class certified (S.D.N.Y.), 614; Argentina found in contempt of discovery orders, 1112
Foreign Sovereign Immunities Act, explicit waiver in bond offering satisfies Act (2d Cir.), 113
Bribery, defense contractor and president of subsidiary settle FCPA charges (D.D.C., SEC), 1069
Helicopter armor, nondisclosure of termination of contract is material, fraud claims may proceed (E.D.N.Y.), 709 Insider trading, executive of defense contractor and broker settle tipping charges (E.D. Mo.), 386
Accomplices, primary fraud violation by law firm to Refco not shown (S.D.N.Y.), 557; SEC files amicus brief opposing narrow liability standard (2d Cir.), 1522; further developments, see LEGISLATION, FEDERAL, S 1551
AIG, assistant general counsel sentenced in sham reinsurance scheme (D. Conn.), 833 Alternative power company, general counsel charged with fraud over unregistered offering (M.D. Fla.), 915 Arbitration mandated for attorney signatory on brokerage account documents (S.D.N.Y.), 1246 Asset freeze violated by painting sale, contempt order against attorney representing alleged fraudster stands (5th Cir.), 1067 Enron, lawyers settle revenue inflation charges (S.D. Tex.), 184 Fake promissory notes
Ponzi scheme, attorney faces SEC charges (N.D. Ga.), 660
Superseding indictment is brought against lawyer for fraud (S.D.N.Y.), 509; 20-year sentence handed down, 1355; attorney disbarred, 1903 Fees
See ATTORNEYS' FEES
Hedge fund, assets frozen over phony representation claims and forgeries (N.D. Cal.), 513 High-yield debt offerings, attorney and others charged with fraud (C.D. Cal.), 815 Insider trading
See INSIDER TRADING
Jurisdiction, attorney must face claims re role in sale of unregistered securities (D. Ariz.), 675 Madoff general counsel, omission-based claims may proceed (D.N.J.), 1731 New York
Insider trading, disbarment on commission of felony is automatic, attorney may not voluntarily resign (N.Y. App. Div.), 940
Revenue manipulation, general counsel of software firm disbarred (N.Y. Ct. App.), 941 Privilege
Sentencing, remand ordered for adherence to guidelines (2d Cir.), 1582
Unregistered securities, criminal charges filed over manipulation of client companies (E.D. Va.), 465; second attorney indicted in registration-evasion and manipulation scheme, 515
Financing cover-up, attorney found guilty (S.D.N.Y.), 1364
Primary fraud violation by law firm not shown (S.D.N.Y.), 557; trustee claims fail to link firms to fraud, 1700 Securities and Exchange Commission
Enforcement, panelists advise corporate counsel to thoroughly review enforcement manual, 1156
Ex parte asset freeze orders, potential fairness issues, Attorney Insight, 1630 Staffing, Paredes urges more non-attorney hires to detect fraud, 452 Sting operation, conviction of CEO not vacated on ineffective assistance of counsel argument (S.D.N.Y.), 817 Stock option backdating
Comverse Tech., general counsel in backdating scheme not entitled to discovery on guilty plea (E.D.N.Y.), 1791
McAfee, claims against general counsel dropped (N.D. Cal.), 588 United Health Group and general counsel settle charges (D. Minn.), 33 Unregistered stock, lawyers charged over phony opinion letters (N.D. Ga.), 873 Whistleblower claims by staff attorneys reinstated (9th Cir.), 1527 Work product, file folders do not qualify, SEC must comply with targeted document requests (S.D.N.Y.), 235
Class actions
Amicus brief contends that setting objection deadline before fee proposal deadline violates civil procedure rules (N.D. Cal.), 755
Non-monetary disclosure settlement, negotiated fee reduced by court (Del. Ch.), 1545 Objections to settlement, attorneys conferring no benefit not entitled to award (D. Minn.), 1791 Preferred stock challenge, representation provided substantial benefit, fee award was not abuse of discretion (Del.), 1454 HealthSouth, bar against legal fees for CEO affirmed (11th Cir.), 1161 Indemnification
Bank officials named in derivative claim not entitled to funds from former colleagues dismissed from action (D.D.C.), 913
Corporate governance in the recession, Analysis and Perspective, 921 Executives to receive advancement of fees from investor (Del. Ch.), 1457 Pro se litigant, fees awarded against shareholder for frivolous claims (D. Conn.), 1627 Receiver in Ponzi scheme, excessive fees reduced (S.D.N.Y.), 44 Registered representatives, fees to brokerage improperly denied in arbitration award challenge (Mo. Ct. App.), 25 Standing, adviser may not bring fraud claim on behalf of beneficial owners to recoup (U.S., rev den), 746 Stock exchanges, member fails to exhaust administrative remedies, claim dismissed for lack of jurisdiction (3d Cir.), 1573 Tender offer, increase in price cannot be attributed to intervening party, fee request denied (Del. Ch.), 674 Tracking stock dispute, fee awards determined in settlement of dual-jurisdiction claim (Del. Ch.), 1121
Advisers Act, broker not covered, remedy sought unavailable (S.D.N.Y.), 18
Arbitration
See ARBITRATION
California
Bank of Am. to return funds to investors and pay civil penalties, 1120
Wachovia and Citibank agree to buybacks, 625 Damages not recoverable where investors were made whole by repurchase (S.D.N.Y.), 753 Inadequate risk disclosures, FINRA reaches settlements with 3 firms, 1679 Michigan
JPMorgan agrees to buybacks, 1903
Merrill Lynch and Bank of America agree to buybacks, 1277 Wachovia and Citibank agree to buybacks, 728
Bank of Am. settles claims, agrees to fines, buyback, and liquidity solutions, 939
Stifel, Nicolaus agrees to partial buyback over criticism by Mo. Sec'y of State, 311; Stifel agrees to full buyback over 3 years, 472; state claims against Stifel for marketing and securities violations (Mo. Cir. Ct.), 580; clients agree to 3-year plan over objections by Mo. securities official, 1216; removal to federal court improper, suit remanded (E.D. Mo.), 1456
Corporate client files claims against RBC for exclusion from program (S.D.N.Y.), 969
RBC Capital Markets, nonqualifying investor claim transferred (S.D. Tex.), 1575 Settlements reached between multiple firms and Atty. Gen. and SEC (S.D.N.Y.), 1070; agreements concluded between Atty. Gen. and banks, 1327 TD Ameritrade settles claims (SEC), 1420 Colo., Stifel Nicolaus charged with fraudulent marketing, 1836 Derivative actions Group pleading exception does not apply to oral statements, claim dismissed (S.D.N.Y.), 1792 Ind., Stifel Nicolaus charged with fraudulent marketing, 1836 Liquidity facility, SIFMA letter to Congress urges federal involvement, 200 Market freeze, top 10 SEC enforcement developments of 2008, Analysis and Perspective, 360 Marketing materials, 4 firms settle FINRA claims, 908 Misrepresentation, broker pleads guilty to redirecting funds intended for conservative instruments (E.D.N.Y.), 1411; conspirator convicted, 1574 Morgan Keegan faces SEC action over allegedly fraudulent marketing (N.D. Ga.), 1405 Phishing scam, FINRA warns investors, 1863 Redemption, institutional investor attempting to halt procedures fails to show irreparable harm (S.D.N.Y.), 164 Rescinded transaction, purchaser receiving par value may not recover damages (S.D.N.Y.), 1578 Royal Bank of Scotland, PSLRA discovery stay may not be lifted to guide litigation strategy (S.D.N.Y.), 665 Schwab, N.Y. Atty. Gen. files fraud charges for misrepresentations (N.Y. Sup. Ct.), 1586 Transparency system, MSRB implementation imminent, 116; MSRB files with SEC to make system official channel for securities evaluation, 553 Wachovia claims
Discovery stay imposed by PSLRA partially lifted (S.D.N.Y.), 119
SEC finalizes settlement, N.Y. Atty. Gen. issues Assurance of Discontinuance (N.D. Ill.), 213 Va., commonwealth settles claims, 1586
Adelphia, engagement partner was not denied due process, bar affirmed (D.C. Cir.), 1464
AIG, PricewaterhouseCoopers immunized from claims (Del. Ch.), 373 BDO network not liable for flawed audit by member firm (Fla. Cir. Ct.), 1283 BISYS investor claims, PricewaterhouseCoopers may not be re-included after settlement (2d Cir.), 70 Contracts, no third-party liability to lender for failure to uncover accounting irregularities (4th Cir.), 589 Doral, no inference of recklessness found, dismissal of claims against PricewaterhouseCoopers affirmed (2d Cir.), 1705 Engagement quality review, PCAOB standard redrafted, comments sought, 437; new standard adopted, 1465 Grocery stores, no strong inference of scienter in Royal Ahold fraud (4th Cir.), 97 HealthSouth, settlement with Ernst & Young approved (N.D. Ala.), 640 High school graduates allowed to prepare audits, CPA settles claims (D. Nev.), 1644 Jurisdiction, accounting negligence and fraud claims cannot be removed to federal court on the basis of ancillary federal duty (S.D. Fla.), 883 Madoff fraud
Ancillary lawsuits, auditors are likely targets, panelist tells conferees, 50
False representations, civil and criminal charges filed against Madoff auditor (S.D.N.Y.), 533 Fund of funds, claim against auditors for reliance on account statements (Conn. Super. Ct.), 208 Linkage between auditors and investors may be difficult to prove, Special Report, 840 Mortgage lending
Defunct provider files claims against KPMG over role in collapse of firm (Cal. Super. Ct., S.D.N.Y.), 640
Investor claims re audit opinions do not plead loss causation (8th Cir.), 1974 Navistar fraud, claims against Deloitte dismissed (N.D. Ill.), 1509 Parmalat collapse, claims against parent of auditor may proceed (S.D.N.Y.), 182; related claims fail to allege knowledge or assistance in fraud, dismissal proper (2d Cir.), 323; firms will be forced to rethink international ties, lawyers say, 381; reconsideration refused, evidentiary factors must be considered as a whole, 382; correction, 438; court declines to certify vicarious liability questions for interlocutory appeal, 482; Parmalat suit against auditor and bank dismissed for unclean hands, 1802; (U.S., rev den), 1859 Refco, trustee claims fail to link firms to fraud (S.D.N.Y.), 1700 Registration and oversight of auditors of nonpublic broker-dealers Sentinel Mgmt. Group, bankruptcy trustee files fraud claims against accounting firm (Ill. Cir. Ct.), 1600 U.S. Foodservice auditors, oral argument held over initial decision clearing accountants (SEC), 1425 Warrants, investor claim against auditor fails for lack of scienter, dismissal affirmed (2d Cir.), 1036
Annual inspections, PCAOB finds deficiencies at PricewaterhouseCoopers, 641; audit deficiencies found at Deloitte & Touche and KPMG Canada, 793; audit deficiencies found at Ernst & Young, 1039
Broker-dealers, new PCAOB guidance requires auditor registration, 323 Confirmation standard, possible revisions by PCAOB, In Brief, 683; PCAOB agrees to issue concept release for public comment, 738 Internal controls monitoring, guidance released, 238; PCAOB report says audit focus is appropriate, 1844 Japan, Financial Services Agency announces financial system health measures, 458 Late filings, company urges reversal of registration revocation on complete audit (SEC), 57; revocation affirmed, 119 Liability of auditors Retirement accounts, signing audit letters was not furtherance of fraud re as-of transactions (1st Cir.), 259 Sarbanes-Oxley Act, survey on cost-benefit analysis of §404 compliance, 138 Sham certifications, SEC brings claims against hedge funds and operator (S.D.N.Y.), 271
Foreign-cubed securities claim, brief from Solicitor General invited (U.S., rev sought), 1055
See MOTOR VEHICLES
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