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The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Financial Regulation”

SSRN Top Tens for Corporate, Corporate Governance, and Securities Law

The current SSRN top tens for corporate, corporate governance, and securities law are after the jump.

Wachtell, Lipton Supports Hedge Fund Regulation

The following is contained at the end of a June 28, 2006 Wachtell, Lipton, Rosen & Katz memo addressing the recent Court of Appeals decision to vacate SEC hedge fund registration requirements: In this era of hedge fund activism, the future of hedge fund regulation may impact the balance of power between public companies and ... Wachtell, Lipton Supports Hedge Fund Regulation

News Flash: Mutual fund investors don’t read prospectuses!

The Investment Company Institute (ICI), the mutual fund industry trade organization, recently published a survey entitled “Understanding Investor Preferences for Mutual Fund Information.â€? Click here for the survey and here for an ICI press release with highlights of the survey. Here’s some the findings: Mutual fund investors focus primarily on fees, historical performance, and risk ... News Flash: Mutual fund investors don’t read prospectuses!

Bogle Blog

John Bogle, the founder of the Vanguard mutual fund company and pioneer of indexing has launched a blog called The Bogle Blog. I’ve long been a Bogle fan and have owned shares in Vanguard’s S&P 500 index fund for over a decade. Welcome to the blogosphere Mr. Bogle!

The Importance of Hedge Funds

The current issue of The New Yorker magazine includes an article about hedge funds (click here). The article mentions that hedge funds have been called locusts of the global economy, disasters waiting to happen absent regulation, and instruments of Satan. It notes that hedge funds are easy to hate. “They’re secretive, rarely making public disclosures ... The Importance of Hedge Funds

I’ve been misinterpreted.

I recently published an article on section 36(a) of the Investment Company Act of 1940. Section 36(a) provides a federal cause of action for “a breach of fiduciary duty involving personal misconduct in respect of any registered investment companyâ€? by an officer, director, investment adviser, or principal underwriter of an investment company, among others. Although ... I’ve been misinterpreted.

The Froth Is Back

Today’s WSJ reports that professional stock analysts employed by brokerage firms are up to their old sunny ways. These “sell-side� analysts came under fire in 2002 for rendering falsely optimistic trading recommendations. Congressional hearings revealed that during the late 1990s, analysts’ “buy� recommendations outnumbered “sell� recommendations by nearly 100 to one. Well, according to today’s ... The Froth Is Back

Commisioner Atkins on Mutual Fund Governance Rules and SOX 404

Now available on the SEC’s website is a transcript of a April 27, 2006 speech by SEC Commissioner Paul Atkins given to the Investment Adviser Association. There’s nothing particularly surprising in the speech given Atkins’ well-publicized opposition to many of former Chairman Donaldson’s initiatives, but it is still a good read. In particular, he focuses ... Commisioner Atkins on Mutual Fund Governance Rules and SOX 404

SEC Chairman testifying before Senate committee this morning

SEC Chairman Christopher Cox will be testifying this morning before the Senate Committee on Banking, Housing, and Urban Affairs. The hearing is titled “A Review of Current Securities Issues” and starts at 10:00 a.m. EST. Click here for the live Webcast. I wonder if they’ll ask him about the SEC’s internal controls problems? Update:  CFO.com ... SEC Chairman testifying before Senate committee this morning

Six Flags to Reimburse Red Zone Solicitation Expenses

Six Flags’ preliminary proxy statement filed with the SEC earlier this week reveals that its board has agreed to reimburse Red Zone LLC, the entity controlled by Washington Redskins owner Daniel Snyder, for expenses incurred in its successful consent solicitation last fall. Red Zone launched the solicitation to address Six Flags’ continued poor performance and ... Six Flags to Reimburse Red Zone Solicitation Expenses

In Defense of Short-Selling

In today’s W$J, Holman Jenkins stands up for short-sellers, and rightly so. Those folks have taken a bit of a beating lately. They’ve been sued by companies like Biovail and Overstock.com and trashed on talk shows like CBS’s 60 Minutes. [NOTE: I originally linked to the 60 Minutes segment, but I just realized that the ... In Defense of Short-Selling

A Bizarre Insider Trading Case from Down Under

Today’s W$J reports on an odd lawsuit the Australian government is pursuing against Citigroup. According to the Australian Securities and Investments Commission, a smoke break conversation between Citigroup employees resulted in illegal insider trading. Citigroup, it seems, was representing bidder Toll Holdings, Inc. in a yet-to-be-announced hostile bid for Patrick Corp., Austrialia’s largest port cargo ... A Bizarre Insider Trading Case from Down Under