vanderbilt law review

Is PCAOB Constitutional?

Now that Jones v. Harris has been argued, we have to sit and wait for the decision. But there is another compliance case coming up for argument in front of the Supreme Court: Free Enterprise Fund v. PCAOB. The PCAOB case is much sexier than the Jones case since it involves the president’s constitutional powers […]

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PBWorks and Real Time Collaboration

PBWorks has announced a “Real-time Collaboration Update”  which brings integrated Instant Messaging collaboration, Live Notifications (activity streams), Live Editing (rather than standard wiki asynchronous editing) and integrated Voice Collaboration with on-demand voice conferencing. This is a big step up. Instead of being a  mere wiki, the platform now offers different ways to collaborate, but still […]

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The SEC is Going After the Geeks

First, Bernie the boss turned himself in, saying he did it all by himself. Nobody believed that, including the SEC. So the SEC went after Madoff’s right-hand man, DiPascali, and Madoff’s accountant, Friehling. Now the SEC is going after the geeks. The Securities and Exchange Commission charged two computer programmers for their role in helping […]

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compliance bits and pieces

Compliance Bits and Pieces for Nov. 13

Here are some stories that caught my eye over the past week: A Morgan Stanley star falls in China By George Chen and Steve Eder for Reuters His downfall, however, was just as precipitous. Morgan Stanley fired Peterson in December amid suspicions that he had violated the U.S. Foreign Corrupt Practices Act, a law meant […]

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FCPA panel

FCPA: Overcoming the Toughest Issues

Bruce Carton and SecurtiesDocket presented this informative webinar. The panelists were: – Hank Walther, Dept. of Justice – Larry Urgenson, Kirkland & Ellis – Elliot Leary, KPMG Forensic – Phil Desing, KPMG Forensic The panel started of with parallel international investigations. This is a new topic because for years there was no other country enforcing […]

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The Dark Side of Aggressive Goal Setting in the Workplace: A Shortcut to Unethical Behavior

EthicsPoint sponsored a webinar by Dr. Lisa Ordóñez, University of Arizona, Professor of Management and Organizations in the Eller College of Management at The University of Arizona “Applied managerial experience and hundreds of academic research studies have catalogued the positive impacts of goal setting on performance. Challenging, specific goals compared to instructions to “do your […]

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I'm just a bill from Schoolhouse Rock

National Data Privacy Laws Move Forward

With last week’s further revisions to the Massachusetts Data Privacy Law [Massachusetts Amends Its Strict Data Privacy Law (Yet, Again)], people are wondering if the federal government is going to step into the space and create a national standard. Most states have enacted some form of data breach or data privacy law, crating patchwork of […]

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Another Private Fund Registration Bill

As expected, Senator Dodd introduced a comprehensive bill for revising the regulatory system for the U.S. financial services industry. Restoring American Financial Stability Act of 2009. You can tell its comprehensive because the discussion draft weighs in at 1,136 pages. I have not read all of it, but I did focus in Title IV: Regulation […]

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Salute a Veteran

U.S. President Woodrow Wilson first proclaimed an Armistice Day for November 11, 1919. “To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed […]

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Trust and Financial Regulation

Ronald J. Colombo of Hofstra University School of Law wrote a great paper on The Role of Trust in Financial Regulation. Trust is an important part of our financial markets. Scandals, massive incompetence, massive irresponsibility, massive fraud, have shaken trust in the financial markets. Commentators, policy makers, and industry leaders have all recognized the need […]

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