LOREN SCHECHTER and CHRISTINE BUTTON
There have been some recent and definitive developments in the selection of lead counsel and plaintiffs in class actions under the Private Securities Litigation Reform Act. The…
Abstract
There have been some recent and definitive developments in the selection of lead counsel and plaintiffs in class actions under the Private Securities Litigation Reform Act. The authors track the trends and report the developments.
LOREN SCHECHTER and MICHAEL STERN
In light of the sea change brought about by advancing technology in the way broker‐dealers communicate with clients, this article is a timely discussion of the current federal and…
Abstract
In light of the sea change brought about by advancing technology in the way broker‐dealers communicate with clients, this article is a timely discussion of the current federal and self‐regulatory organization (SRO) requirements for a broker‐dealer's supervision of its employees' electronic business communications. Forms of communication, and the regulatory guidelines covering them, include e‐mail, off‐premises messages, group email, web site content, hyperlinks to other home pages, and chat rooms.
Loren Schechter, William O. Purcell and Cecilia W. Kaiser
The Arthur Andersen case is a nightmare for inside counsel – an act of inside counsel, which probably was a well‐intentioned attempt to protect the client’s interests, resulted in…
Abstract
The Arthur Andersen case is a nightmare for inside counsel – an act of inside counsel, which probably was a well‐intentioned attempt to protect the client’s interests, resulted in the conviction of Arthur Andersen. The verdict in the government’s obstruction of justice case against Andersen shows, among other things, that every time an in‐house lawyer sends an e‐mail, he or she must anticipate that privilege will not attach and adverse inferences may be drawn. On June 15, 2002, the jurors in that case returned a guilty verdict against the accounting firm, which, according to press reports of interviews with jurors, was based not on the government’s presentation of evidence demonstrating Andersen’s “wholesale destruction of documents’ or even on the testimony of David Duncan, Andersen’s lead partner on the Enron audit, that he obstructed justice, but rather on a single e‐mail from Andersen in‐house counsel Nancy Temple.
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Robert P. Bramnik and Mauro M. Wolfe
– To draw attention to the US Securities and Exchange Commission's (SEC) disciplinary focus on the investment adviser community
Abstract
Purpose
To draw attention to the US Securities and Exchange Commission's (SEC) disciplinary focus on the investment adviser community
Design/methodology/approach
Describes six recent enforcement cases for disclosure, custody, supervisory, procedural, and other rule violations and compliance failures; explains changes in registered investment adviser (RIA) exemptions following enactment of the Dodd-Frank Act; discusses recent SEC announcements concerning inspections and examinations of RIAs.
Findings
The SEC's recent announcements and enforcement actions signal that all advisers (both registered investment advisers and exempt reporting advisers) may want to pay particular attention to their compliance programs and supervisory procedures.
Originality/value
Practical advice from experienced financial services lawyers.