Hedge Fund Registration Act

Senator Charles Grassley of Iowa is looking to expand the registration requirements of the Investment Advisers Act. According to Jim Hamilton’s World of Securities Regulation, the Senator Will Reintroduce in 111th Congress Bill Requiring SEC Registration of Hedge Fund Advisers. The Washington Post story has Senator’s Grassley’s statement coming out of the House Oversight and

Mark Cuban and Insider Trading

The Wall Street Journal reported that the SEC filed insider trading charges against Mark Cuban (owner of the Dallas Mavericks basketball team): SEC Charges Mark Cuban With Insider Trading. You can read the full text of the complaint against Mark Cuban. According to the complaint, Cuban owned 600,000 shares in Mamma.com Inc.  (now called Copernic

Additional Time to Comply with Identity Theft Prevention Regulations

The Massachusetts Department of Consumer Affairs and Business Regulation have extended the deadline for compliance with 201 CMR 17.00: Business Community Given Additional Time to Comply with Identity Theft Prevention Regulations. The regulations were orginally set to take effect on January 1, 2009. That deadline has been extended to May 1, 2009.  The deadlines for

Risk Factors for OFAC Compliance – Updated

OFAC has released a revised Risk Factors for OFAC Compliance in the Securities Industry on 11/05/2008. This release includes guidance regarding some specific risk factors relevant to firms in the securities industry.

Opening Securities and Futures Accounts from an OFAC Perspective

The Office of Foreign Assets Control published new guidance specific to the securities industry on 11/06/2008: Opening Securities and Futures Accounts from an OFAC Perspective. A strong OFAC compliance program consists of procedures that are similar to those found in a brokerage firm’s Customer Identification Program (“CIP”). Firms should use risk-based measures for verifying the

Corporate Governance of Public Web Sites

Jane K. Storero and Yelena Barychev of The Legal Intelligencer and Law.com authored an article that the system of reviewing and monitoring information posted on a company Web site should be part of the disclosure controls included in the enterprise-wide risk management system established by the company: Corporate Governance of Public Web Sites. This article

Deloitte sues vice chairman for client stock trades

Accounting firm Deloitte & Touche LLP has sued its former vice chairman for trading in securities of the firm’s audit clients. In a lawsuit filed Oct. 29 in Delaware Chancery Court, Deloitte said Thomas Flanagan “repeatedly lied to Deloitte about his clandestine trading activities in annual written certifications, going so far as to conceal the

Imposing Caremark Fiduciary Duty on Corporate Officers

I previously posted on the Midland Grange case [Delaware Imposing Same Fiduciary Duty on Officers as Directors] where the Delaware Chancery Court imposed the same obligations on officers as directors, including the duty of loyalty and the duty of care. In Miller v. McDonald, et al., ( D. Del., Bankr., April 9, 2008), the Bankruptcy Court

Delaware Imposing Same Fiduciary Duty on Officers as Directors

In Stone v. Ritter, we saw the Delaware courts imposing a duty on corporate directors to attempt to assure that a corporate information and reporting system exists, and that failure to do so may, under some circumstances, render a director liable for losses caused by the illegal conduct of employees. See The Implications of Stone

Ruder Calls for Regulation of Hedge Funds

Former SEC Chair David Ruder testified to the House Oversight and Government Reform Committee that the SEC should be given the power to register hedge funds advisers and force them to disclose their risks. This testimony was part of the testimony of Congress Examining Hedge Funds. You can read the Testimony of David Ruder (.pdf). Mr.