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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
IASB
Argentina, explicit waiver in bond offering satisfies Foreign Sovereign Immunities Act (2d Cir.), 113
Auditor liability, PricewaterhouseCoopers immunized from claims re AIG fraud (Del. Ch.), 373 Cal., Alameda not immune from municipal bond suit (N.D. Cal.), 1544
HealthSouth CEO, order extinguishing indemnification for settlement affirmed (11th Cir.), 1161
Short-swing transactions, tort claims by insiders against their attorneys is unlawful de facto indemnification (U.S., rev den), 472
Satyam fraud, PricewaterhouseCoopers unit under investigation, 184; firms will be forced to rethink international ties, lawyers say, 381
Aftermarket price escalation schemes
Ipsilon Systems, CFO charged, company settles (W.D. Wash.), 1760
Multi-company scheme, settlement proposed (S.D.N.Y.), 654; preliminary approval of settlement granted, 1107 Blackstone Group, materiality of alleged omissions not shown, claims dismissed (S.D.N.Y.), 1785 China, new price-setting rules issued, 1006 Cosmetics retailer, claims of misleading offering documents may proceed (N.D. Ill.), 619 EU, passport for IPOs proposed to improve cross-border trading efficiency, 1773 France
Price controls and retail access, AMF issues new rules, 351
Reforms align French rules with EU, 705 Medical device company, claims re concealed conflicts of interest may go forward (S.D.N.Y.), 212 Offshore drilling company, claims of material misrepresentation in registration statement may go forward (S.D. Tex.), 165 Real estate lender, nondisclosures of debtor insolvency found not material, claims dismissed (D. Conn.), 1441 Risk management, prospectus contained sufficient warnings, investor suit dismissed (S.D.N.Y.), 1405 ShoreTel, shareholder suit proceeds in part (N.D. Cal.), 1626 Short-swing profit exemptions, retroactive clarification of rules permissible use of SEC power (U.S., rev den), 1191 Vonage, firms settle FINRA claims over directed share program, 1786
Analysts, trader who bought pre-published reports sentenced (S.D.N.Y.), 348
Attorneys
Energy company, lawyer settles charges (N.D. Okla.), 816
False statement to SEC investigators, attorney argues permanent bar is reversible error (SEC), 56; SEC affirms permanent bar, 302 General counsel, conviction on insider trading and conspiracy counts reinstated (3d Cir.), 658 Merger, SEC charges lawyer with trading on client data (D.D.C.), 1785 N.Y, disbarment on commission of felony insider trading is automatic, attorney may not voluntarily resign (N.Y. App. Div.), 940 Nutritional products company, verdict against general counsel and tippees affirmed (2d Cir.), 1783 Privilege, redaction suggested as proper course for documents containing privileged and non-privileged material (S.D. Ohio), 618 Public relations firm tips, day trader and lawyer plead guilty (S.D.N.Y.), 869; banker pleads guilty, 912 SEC, inspector general report says staff attorneys may have violated rules, 901; new internal compliance measures announced, 1002; matter under investigation by U.S. Atty's Office and FBI, 1057; Grassley (R-Iowa) chastises Schapiro for failure to respond to requests for information, 1153 UK, Novartis takeover of NeuTec Pharma, attorneys charged, 1789 Bonds, 30-year note trader liable for misuse of embargoed information (D. Mass.), 1202 Computer hackers, SEC to argue liability without fiduciary duty, 248; hacker may be held liable (2d Cir.), 1410 Congressional members and employees Credit default swaps, hedge fund manager and investment bank salesman charged (S.D.N.Y.), 851 Default judgment entered in 11-year-old suit against nonresponsive Dutch nationals (S.D.N.Y.), 1670 Defense contractor, executive and broker settle tipping charges (E.D. Mo.), 386 Director behavior, three pay sanctions from trading on inference (S.D.N.Y.), 1623 EU launches review into Market Abuse Directive, 758 FBI agent and codefendant, convictions and sentences upheld (2d Cir.), 49 France, MoneyLine CEO fined, 114 Furniture retailer, SEC seeks to compel testimony from woman asserting marital privilege in investigation (N.D. Cal.), 1068 Galleon executives charged (S.D.N.Y.), 1937 Global issues, 25 to 30 percent of SEC cases have international components, official tells conferees, 397 Government staff, bill to prevent trading on nonpublic information Insurance executive, SEC fails to carry burden in retiree tipping claim (E.D. Pa.), 974 International Securities Exchange, vice chair sentenced (S.D.N.Y.), 16; friend of executive faces SEC charges in tipping scheme, 1623 Investor relations executive and colleagues charged in tipping scheme (C.D. Cal.), 1062 Magazine employees settle claims of trading on unpublished columns (S.D.N.Y.), 615 Mergers and acquisitions
Attorney charged by SEC with trading on client data (D.D.C.), 1785
Brother-in-law of executive settles charges (E.D. Tenn.), 1682 Canada, husband of investment bank secretary settles tipping claims (S.D.N.Y.), 1107 Chemicals company, Abu Dhabi man accused (S.D.N.Y.), 1449 CNS/GlaxoSmithKline, Swiss banker charged in call options scheme (E.D. Pa.), 1106 Dell acquisition of Perot Systems, call options trader charged (N.D. Tex.), 1788 Document Sciences, project manager settles claims re EMC acquisition (S.D. Cal.), 1867 Energy services company, corporate director and tippee charged (W.D. La.), 1107 Ernst & Young partner convicted (S.D.N.Y.), 994; default judgment entered against father of tipper, 1010 Grocery stores, Blackstone executive charged re acquisition (S.D.N.Y.), 81 HVAC company, man who tipped brother re tender offer settles claims (S.D. Tex.), 572 Investment banker and family charged in nationwide tipping scheme (N.D. Cal.), 804 Jamdat Mobile, sales executive and tippees settle charges (N.D. Cal.), 1897 JDA/i2, couple settles claims over sale before failed merger (N.D. Tex.), 1684 McKesson executive settles claims over health care firm acquisition (N.D. Cal.), 765 Public relations firm tips, day trader and lawyer plead guilty (S.D.N.Y.), 869; banker pleads guilty, 912 Semiconductor companies, employee of acquirer settles claims (W.D. Tex.), 167 Sporting goods, two settle over tipping in Dick's acquisition of Galyan's (W.D. Pa.), 766; judgments obtained against remaining tippees and tippers, 1896 Tipping, 7 face charges in international scheme (S.D.N.Y.), 204 UK, Novartis takeover of NeuTec Pharma, attorneys and executive charged, 1789
Fidelity Natl. board member settles charges re LendingTree stock purchase (C.D. Cal.), 710
10b5-1 plans insulate all but one officer from claims (C.D. Cal.), 703 Qualcomm executive faces SEC charges (S.D. Cal.), 1493 Qwest CEO conviction reinstated on proper exclusion of expert testimony (10th Cir.), 380; (U.S., rev sought), 556; Nacchio enters prison, bond appeal refused, 709; sentencing miscalculation, remanded, 1478; Justice will not appeal sentencing decision, 1569; (rev den), 1859 Rings easier to spot due to internet, speaker tells conferees, 812 Safeco and Neff acquisitions, 11 charged with illegal trades (S.D. Fla., M.D. Fla., W.D. Wash., D. Mass.), 1351 SEC enforcement trends, Analysis and Perspective, 1255 Short sales involving PIPE transaction, summary judgment not granted (S.D.N.Y.), 566; settlement approved, 1534 Switzerland, proposals considered to amend rules, 405 Top 10 SEC enforcement developments of 2008, Analysis and Perspective, 360 UBS executive settles SEC claims, disgorges gains (S.D.N.Y.), 1200 U.K., FSA completes first successful criminal prosecution, 612 Wall St. figures to be targets of enforcement actions, 1931 Whistleblowers, Grassley (R-Iowa) asks SEC for update on Lehman investigation, 297; Grassley asks FINRA if it followed up on statements made in arbitration, 1058
AIG
Accounting fraud, executives settle claims (S.D.N.Y.), 1503
Bid rigging, in pari delicto doctrine bars AIG claims against coconspirators (Del. Ch.), 1215 Bonuses, House Capital Markets panel holds hearing on retention payments to financial products unit, 503 CDS, former CEO proposes alternative to rescue plan, defends business model, 607 Fiduciary duty breach, Greenberg and inner circle must face claims (Del. Ch.), 373 Loss reserves inflation scheme, VP sentenced (D. Conn.), 183 Public relations, Towns (D-NY) inquires into use of TARP funds for campaigns, 698; Towns and Issa (R-Cal) reiterate demands, 815 Sham reinsurance, Gen Re executive sentenced (D. Conn.), 432; CFO sentenced, 638; assistant general counsel sentenced, 833; CEO of subsidiary sentenced, 1182; in pari delicto doctrine bars AIG claims against Gen Re (Del. Ch.), 1215; cooperating executive given probation, 1762 Stock price manipulation, Gen Re settles with Ohio state pension funds (S.D.N.Y.), 473 Conflicts of interest, representative not subject to fiduciary duty of investment adviser (W.D. Okla.), 1677 European Union
Director and officer liability, survey finds class action fears prompt purchases, 1314
Regulatory oversight revised, funding increased, 159; agreement reached on revamped financial supervision scheme, 1144 Systemic risk, EC outlines supervision initiatives, 402; legislative agenda, 403 Hedge fund, final judgment entered against adviser of unregistered fund investing in life insurance (D. Mass.), 659 Indexed annuities as securities, Federal Brief, 86; rule may be affected by presidential rulemaking halt, 106; insurers file 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 Madoff fraud
See MADOFF FRAUD
Municipal bonds
Downgrade of monoline insurers increases importance of credit ratings, 199
MBIA restructures public finance business into separate entity, 316 Reinsurance, House hearing scheduled to examine draft bills, 905; draft bills circulated, 963 Systemic risk oversight
Bipartisanship is key to successful reform, Kanjorski (D-Pa) tells conferees, 810
Failure, Levitt calls for creation of resolution authority, 1772 FDIC, Treasury plan would appoint as resolution authority, 547; Bair says she would consider separate unit to address nonbank failures, 605; ABA opposes FDIC resolution authority for nonbank firms, 699 Financial Stability Council Regulator, House to create, Frank (D-Mass) tells conferees, 904 Role and choice of regulator debated in House Financial Services panel hearing, 393; ICI white paper outlines regulatory framework suggestions, 396; former Fed chairman objects to Treasury-led council as monitor, 1771; Bernanke supports oversight council, 1814 Thrifts, Obama plan would prevent firms from choosing regulator, 1389 Viaticals, SEC to review status as investments, possible regulation, 803; task force to examine emerging issues, 1723; Kanjorski (D-Pa) raises concerns re securitizations, 1793
Business combinations, IASB to work on three amendments, 1034
European Union
FASB, decision not to follow lead draws withdrawal threats from EC officials, 836
Funding approved to increase capacity, but neutral funding must be obtained, 887
See FAIR VALUE
Financial instruments
Amortized cost basis, IASB tentatively clarifies definition of instruments to be held under standard, 1083
Comprehensive model may be issued with FASB by year end, 637; common standard an area of focus, 991; tentative deadlines set for resolution of issues, 1180 Convergence with FASB, pressure on standards setters is creating threats to future of international standards, official says, 1035; panels are close on income reporting aspects, 1757; tentative decisions on risk make convergence less likely, 1876 Derecognition, alternative approaches have equal chance of adoption, 1084 Foreign-currency rights issues, finalized amendment published, 1910 Impairments phase begins on review, 1910 Replacement proposals may not be operational, IASB members warn, 1843 Transition to new standard, early adoption to be permitted, implementation date may be flexible, 1970 Impairment
Accounting is flawed in both IFRS and GAAP, IASB member tells conferees, 888
Expected loss model, request for information on feasibility released, 1227 Panel applicants sought, Accounting Brief, 1975 International Financial Reporting Standards Management commentary, proposals for inclusion into financial reports released, dissenting opinion released by board members, comments sought, 1227 Pensions, IASB seeks comments on revisions to guidance, 1034 Share-based payments, finalized amendments published, 1182
See also specific country names
Class actions, recent decisions add barriers to foreign claimants, Analysis and Perspective, 1167 Cooperation, Schapiro stresses need to cover gaps in global regulatory systems, 1114 Cross-border enforcement, IOSCO announces new signatories to multilateral MOU, 613 Foreign Corrupt Practices Act
See CURRENCY
Financial instruments
Comprehensive model may be issued with FASB by year end, 637; entire revision instead of piecemeal changes confirmed, 835
Debt disclosure standards, amendments published, comments sought, 29 Derecognition model, proposals to amend published, 637 Embedded derivatives, emergency amendment, comments sought, 30; effective date for amendment set, 386 Mandatory adoption by U.S. companies
AEI Shadow Group recommends voluntary market test of two systems, 876
Early adoption unlikely, Special Report, 170 IASB refuses to develop concession on lawsuit disclosure requirements, 1226 NASAA encourages careful examination of transparency, 175 Obama calls for substantial progress towards convergence by end of 2009, 1141 SEC adoption, Schapiro expresses caution in confirmation hearing, 77; Schapiro restates doubts after confirmation, 149; SEC extends comment period, Accounting Brief, 239; roadmap to be revisited, SEC officials tell conferees, 282; FAF and FASB recommend SEC form advisory committee, 481; tax authority readiness cited as key milestone, SEC urged to delay target date, 794; SEC disappointed with minimal comments to roadmap, 834; current crises may have delayed consideration of IFRS, SEC official tells conferees, 888; comment period for phase-in proposal closes, 991; Schapiro says U.S. will not compromise on convergence, 1150; IASB chairman seeks SEC commitment on road map, 1508; agency commitment reiterated, but no voting date set, 1755; SEC expected to move forward, 1770; financial executives support roadmap, survey says, 1877; SEC not affected by G-20 urging to complete convergence, 1972 Standards-setting boards, chairmen warn against U.S. delay in adoption, 1082 Reconciliation with GAAP, inconsistencies remain, Reed (D-RI) tells conferees, 154 Regionalization, SEC accountants plan to focus on effects of differences, 1504 Share-based payments standard, proposals to update approved, 30 Tax accounting, comments sought on new principle-based standard, 636
Anonymous posts by corporate executives, Analysis and Perspective, 417
Auction rate securities, NASAA launches website to guide investors filing claims, 625 Blogs, Regulation FD implications for corporate disclosures, Analysis and Perspective, 417 craigslist used to advertise securities fraud targeting retirees (D.N.J.), 914
See E-MAIL
Statute of limitations, investor who did not discover fraud was not put on notice by failure of company (Cal. Ct. App.), 314 Sweep letter, SEC investigation includes inquiry into electronic communications at firms, 340
SEC Chief Accountant James L. Kroeker, 1948
Widener Institute of Delaware Corporate Law Professor Lawrence A. Hamermesh, 980
Arbitrage, adviser settles claims re undisclosed premerger acquisition of significant voting rights (SEC), 1408
Arbitration, FINRA rules prohibiting do not apply to advisers (D. Minn.), 1731 ARS sale, broker not covered under Advisers Act (S.D.N.Y.), 18 Assets, SEC staff to confirm holdings through third-party verification, 451 Best practices, NASAA releases recommendations, 1837 Clerk settles charges over unauthorized trades (S.D.N.Y.), 1892 College savings plan, recommendations of risky investments draw state charges (Or. Cir. Ct.), 706 Compliance, SEC official urges conferees to create evergreen programs, 452 Conflicts, Morgan Stanley resolves charges re money manager recommendations (SEC), 1411 Confusion with broker-dealers, SEC regulation harmonization may progress, 247; Analysis and Perspective, 776 Conn., senate passes disclosure bill, 1021; filibuster threat causes adjournment without action, 1121 Credit crisis, related claims jumped significantly in 2008, study says, 1204 Custody of client assets
Abuse, SEC considering contacting investors and changing exam practices, 601; meeting set to weigh proposed changes to adviser custody rule, 853
Audits and surprise examinations proposed for advisers with physical control of assets, 898; Paredes questions value of surprise exams, 1776 Independence, SEC Inspector General to recommend mandating use of custodians, 1240 Internal controls and senior officer certification may be among SEC initiatives, Schapiro tells conferees, 804 Surprise examinations and independent public accountants recommended by AICPA, 811 Due diligence, advisers who recommended Bayou fund settle claims (SEC), 765 Elderly persons, temporary order issued against adviser for unauthorized transfer of client funds (S.D. Ohio), 713 Examinations
Growth of industry has outstripped SEC oversight capacity, 561
Preparation is recommended for routine SEC action, 1779 Fees
Disclosure, adviser settles charges (SEC), 1065
Fraudulent deductions used for personal items and to prop up failing firm (D. Neb.), 1313 Inflated portfolio to generate higher fees, SEC alleges (N.D. Ohio), 1535 Reasonableness, marketplace competition standard used to examine (U.S., rev grant), 447; SEC will file amicus brief, 855; remand urged (amicus brief filed), 1191; court likely to define fiduciary duty, attorneys tell conferees, 1532; trade groups side with adviser (amicus briefs filed), 1665; Solicitor General amicus oral argument motion granted, 1859 Fla., new laws would enhance registration requirements and investigations, 275 Form ADV, SEC likely to propose amendments, SEC official tells conferees, 603 Hedge funds
Broker-dealers, FINRA reviewing advisory businesses, 109
Missing manager alleged to have overstated value of funds, emergency relief granted (M.D. Fla.), 117; adviser arrested on criminal fraud charges (S.D.N.Y.), 162; manager indicted (S.D.N.Y.), 818; investors seek to consolidate claims, 1491 President's Working Group issues recommendations for asset managers and investors, 107 Registration, Geithner outlines proposals in congressional hearing, 545; Obama administration sends legislation to Congress, 1347 Regulation, speakers agree on likelihood of federal intervention, disagree on regulation of funds, 906 Insider trading, Blackstone executive charged re acquisition (S.D.N.Y.), 81 Inspection and examinations
Delegation of SEC authority, 1054
Priorities of SEC, 1108 Leverage, adviser charged with unsuitable investments for client risk profiles leading to massive losses (C.D. Cal.), 1011 Life insurance portfolio, final judgment entered against adviser of unregistered fund (D. Mass.), 659 Madoff fraud
See MADOFF FRAUD
Fair Fund distributions made in Alliance claims, 303
UK adviser settle claims (S.D.N.Y.), 1244 Variable annuity portfolios, American Skandia consents to sanctions (SEC), 769 Misrepresentations of liquidity, risk, and redemptions alleged in asset freeze order (M.D. Fla.), 761; financial firms dismissed as relief defendants, 1207 Multiple business entities used to lure and defraud investors, adviser settles claims (D. Or.), 878 Municipal securities, majority of advisers are unregistered and unregulated, report shows, 656 Mutual fund advisers
See MUTUAL FUNDS
Pensions
Merrill advisers charged with misrepresentations (SEC), 209
Pay-to-play, investigation widened to Cal., state and federal regulatory changes proposed, 814; SEC to propose new rules barring advisers from managing pensions after political contributions, 899; N.Y. City Comptroller urges SEC to tighten regulations, 906; proposal under '40 Act to be considered, Schapiro says, 1052; SEC sets meeting to consider rule, 1351 Ponzi schemes
See PONZI SCHEMES
Proxy voting rule, firm settles claim of inadequate policy disclosures (SEC), 869 Regulation
Fiduciary standard, Aguilar commends Obama for extending to broker-dealers, 1241; NASAA praises Obama plan to hold advisers to fiduciary standard, 1372
Gaps, SEC official says Stanford fraud demonstrates need for more effective regulation, 1567 Harmonization of rules controlling broker-dealers and advisers, Walter calls for, 854; Schapiro says harmonization is high on SEC agenda, 855; group predicts closer cooperation between FINRA and SEC, 971; Schapiro says staff is working on proposal for convergence of regulation, 1150; Ketchum urges harmonization of rules, 1939 Registration and periodic examinations, Schapiro endorses Treasury legislative proposals, 1391 Senior specialists, bill targets fraudulently designated investment advisers Standing, adviser may not bring fraud claim on behalf of clients (U.S., rev den), 746 Stanford Group
See PONZI SCHEMES
Sweep letter, SEC seeks to examine custodial arrangements and controls, 340 Tax loans to chairman of firm, administrative actions against officers (SEC), 1400 Terminally ill and mentally impaired clients were target of theft, adviser settles with SEC and faces criminal charges (S.D.N.Y.), 1111 Troubled Asset Relief Program
Fraud, unregistered adviser claimed to invest in federal bailout plan (M.D. Tenn.), 166; life coach agrees to plead guilty, 762
Portfolio managers chosen for assets acquired in bailouts, 751 Undisclosed accounts, UBS settles charges it enabled tax avoidance (D.D.C.), 290 Warrants, charges settled re taking securities from hedge funds without compensation (SEC), 414 Wis., division of profits by owners is constructive dividend, not bonus (Wis. Ct. App.), 1026
Oil for Food kickbacks, firms settle FCPA claims (D.D.C.), 10
Jurisdiction, failure to allege share purchase on U.S. stock exchange dooms claim (N.D. Cal.), 1057
Blue-chip companies, Consob drops temporary notice rule for large holders, 160
Derivatives sale fraud, assets seized from non-Italian banks, 820 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |