Hedging Your Bets Is a Hedge Fund the Way Out of the Regulatory Nightmare? By Mark J. Astarita, Esq. Mark Astarita, Esq. is a nationally recognized securities attorney who represents investors, financial professionals, issuers and financial firms in a wide variety of matters involving federal and state securities laws. He […]
Corp Finance
Introduction to Blue Sky Laws
Mark Astarita, Esq. is a nationally recognized securities attorney who represents investors, financial professionals, issuers and financial firms in a wide variety of matters involving federal and state securities laws. He can be reached at mja@sallahlaw.com. The state securities laws and the regulatory scheme has not changed much since 2001 […]
Public Offering Legal Center
Going Public Introduction While going public offers many benefits it also comes with risks and regulations with which can become complicated, and compliance can be expensive. Despite the risks and costs, the U.S. capital markets remain one of the most attractive sources of financing in the world. Going public is […]
Regulatory Analyst Settlement and Arbitration Impact, $1.4 billion
Expectations have been raised by the media, claimants’ counsel and other pundits that a flood of arbitration filings will follow the conclusion of the $1.4 billion regulatory settlement regarding analyst conflicts. RESEARCH SETTLEMENT & ARBITRATION IMPACT: Expectations have been raised by media, Claimant’s counsel and other pundits that a flood […]
SEC Interpretation on Mini-Tender Offers Released
Section 14(e) applies, but not 14(d) for some, but yes for others. By John M. Baker, Esq. The SEC issued an interpretive release on “mini-tender offers” and limited partnership tender offers. Release Nos. 34-43069, IC-24564 (July 24, 2000). A mini-tender offer is a tender offer resulting in ownership of not […]
SEC Approves All-Electronic Offering
Web based offering approved by Commission for First Time By John M. Baker, Esq. The Securities and Exchange Commission has for the first time approved an offering that is to be made only by means of the World Wide Web. In a rare action, the registration statement for The […]
SEC Proposed New Rules for Independent Auditors
New Definitions and Rules to Measure Independence, New Restrictions By John M. Baker, Esq. On June 30, 2000 the SEC posted proposed rules that would substantially revise the independence standards for auditors. Release Nos. 33-7870, 34- 42994, 35-27193, IC-24549 (June 30, 2000). The proposal would modernize the rules for auditor […]
SEC Adopts Auditor Independence Rule Amendments
Identifies services which are inconsistent with independence By John M. Baker, Esq. On November 21, 2000 the SEC finalized and posted its release adopting rule amendments regarding auditor independence, which the Commissioners voted to adopt on November 15. Revision of the Commission’s Auditor Independence Requirements, Release Nos. 33-7919, 34-43602, […]
Compliance officer wins attorneys fee award from SEC
Compliant not “substantially justified”, ALJ orders SEC to pay attorneys fees. By John M. Baker, Esq. A compliance officer recently had a major win against the SEC under the Equal Access to Justice Act, which provides for reimbursement of attorney fees in some cases when an administrative agency’s position […]
Variable Annuities Under Scrunity
SEC Notes Explosive Growth and Fee Issues, Shareholders Sue Over Fees By John M. Baker, Esq. Variable annuities typically do not get a great deal of attention from the SEC’s upper levels, but they were the subject of a speech by Investment Management Director Paul Roye before the National Association […]
