Radical Transparency

The current buzzword in the markets is “transparency.” Companies want to be more transparent so investors, customers and partners can better understand the company. Some of this came from Enron, whose operations and financial statements were often called “opaque.” With the growing Web 2.0 it is harder to get secrets as anyone with an internet […]

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Social Media Risk & Rewards

On September 21, 2009, in New York City I will be a speaker at Social Media: Risks & Rewards. This comprehensive, dynamic event will explore the inherent challenges of social media and will arm you with the specific tools necessary to protect your company, your intellectual property and your reputation in today’s virtual world.  Find […]

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Reliable Investment Advice from Dilbert

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Executive Compensation, Where Everyone is Above Average

It seems like executive compensation consultants come from Lake Wobegon, where “all the women are strong, all the men are good looking, and all the children are above average.” I think executives should be compensated for out-performing their peers. They shouldn’t be punished for a negative performance due to external forces if they still out-performed […]

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A Flurry of Stories on Mutual Fund Fees

Over the last few days there has been renewed interest in the upcoming Supreme Court case that will should rule on the fees charged by mutual funds. Back in May, I published Supreme Court to Decide on Investment Company Act Case after they agreed to hear Jones v. Harris Associates, L.P. I didn’t expect much […]

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The Third of May by Francisco Goya

150 Years or the Firing Squad

What is the right punishment for financial fraud? Bernie Madoff received the maximum sentence for his charges. 150 years. His lieutenant, DiPascali, was denied bail by the judge at his hearing last week, despite an agreement between his lawyer and the prosecutors. He has a maximum sentence of 120 years. They stole billions. Marc Dreier […]

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New Compliance and Disclosure Intepretations for Regulation FD

As part of the Updates to Compliance and Disclosure Interpretations, the SEC has published new compliance and disclosure intepretations for Regulation FD. I found these CD&I’s particularly interesting in light of the SEC’s loss in the Cuban case. The SEC seems to be providing a better roadmap for disclosure of information. Here are a few […]

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Updates to Compliance and Disclosure Interpretations

The staff of the Securities and Exchange Commission’s Division of Corporation Finance has updated a bunch of Compliance and Disclosure Interpretations. Here are a few questions that caught my eye, with a snapshot of the answer. Follow the question’s link for the complete answer. There are many more new and revised questions under the Securities […]

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Massachusetts Amends Strict Data Privacy Law (Again)

UPDATE: Another revision was published on November 5, 2009. See: Massachusetts Amends Its Strict Data Privacy Law (Yet, Again) The Massachusetts’ Office of Consumer Affairs and Business Regulation has decided to amend the strict data privacy law and extend the deadline for compliance. This is yet another amendment to the regulations. The last amendment had […]

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AIMA Warns of Global Impact of EU AIFM Directive

The Alternative Investment Management Association has warned that the European Commission’s draft directive on Alternative Investment Fund Managers would negatively affect fund managers and investors around the world if enacted into European law. The Directive applies primarily to any Alternative Investment Fund Managers which is established in an EU Member State and which provides management […]

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