In this comprehensive 2010 Supplement to
Securities Law Deskbook: For Business Lawyers, Public Accountants, and Corporate Management, author Herrick Lidstone discusses all the significant SEC actions and judicial interpretations accomplished in 2009 and early 2010.
Here’s What’s New!- An expanded discussion of the extremely narrow distinction between broker-dealers and finders.
- A detailed look at Colorado’s administrative cease and desist proceeding and the Black Diamond Fund case which is the first appeal of a cease and desist order issued by the Colorado Securities Commissioner.
- A new discussion of removal of a restrictive legend from restricted securities and the applicability of SEC Rule 144(i) to companies that are, or were, shell companies.
- A discussion of the new rules regarding cooperation credit when dealing with an SEC enforcement action and protecting the attorney-client privilege.
- A discussion of a “noisy withdrawal” from attorney-client representation and related ethics rules.
- A discussion of cases deriving from the 2007 U.S. Supreme Court decision in Tellabs, Inc. v. Makor Issues & Rights, Ltd. setting forth standards for determining “motive and opportunity” in fraud claims under the 1934 Act.
- A discussion of cases deriving from the 2005 U.S. Supreme Court decision in Dura Pharmaceuticals. Inc. v. Broudo setting forth the pleading standards for loss causation under the 1934 Act
- A new discussion of de-registration under the 1934 Act and the SEC’s de-registration of delinquent filers.
- A discussion of the new SEC enforcement manual as amended in January 2010.
- And a replacement CD.
