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SEC Narrows Exceptions To Regulation SHO

On August 7, 2007, the Securities and Exchange Commission (the "SEC" or the "Commission") published final amendments to Regulation SHO under the Securities Exchange Act of 1934 (the "Exchange Act") ( Amendments to Regulation SHO , Exchange Act Release No. 56212 (Aug. 7, 2007), 72 FR 45544 (Aug....

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SEC Tightens Rule 105 Of Regulation M To Protect Offering Prices

On August 6, 2007, the Securities and Exchange Commission (the "SEC" or the "Commission") published final amendments that significantly modify Rule 105 of Regulation M under the Securities Exchange Act of 1934 (the "Exchange Act").1 The amendments will become effective on October 9, 2007. Before...

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The Second Edition Of Forms Under Revised Article 9: A Welcome Guide For The Secured Transactions Attorney

Editor: Ms. Chernuchin, please tell our readers about your background and professional experience. Chernuchin: I am twice a graduate of Cornell, undergraduate and law school. I began my career at Kelley Drye & Warren in 1984 and then moved on to other firms to pursue a real estate practice...

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FTC And DOJ Issue Joint Report Regarding Antitrust Enforcement And Intellectual Property Rights

Interesting and difficult questions lie at the intersection of intellectual property rights and antitrust enforcement. The U.S. Department of Justice and the Federal Trade Commission (the "Agencies") recently released a long-awaited joint report on that intersection entitled "Antitrust Enforcement...

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Our Forbidding Litigation Environment Can Be Changed

The outside counsel interviewed for this Special Section discuss civil justice and litigation-relatedrecommendations designed to improve the competitiveness of U.S. capital markets and the institutions that use them. These recommendations, which were also highlighted in our May and June issues, are...

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Wall Street Meets Main Street Congress Examines The Economic And Social Effects Of Private Equity Transactions

Introduction Hardly a day passes when a story does not appear about the growth of private equity investing in the United States. Early in May of this year, newspapers were filled with reports of a major private equity firm's bid to buy 80% of the Chrysler Group for $7.4 billion. The Chrysler...

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SEC Proposes New Rules Directed At Hedge Funds And Their Advisers - Part II

Part I of this article appeared in the May, 2007 issue of The Metropolitan Corporate Counsel. After the decision in Goldstein v. U.S. Securities and Exchange Commission, 451 F.3d 873, Fed. Sec. L.Rep. (CCH) P93890 (D.C. Cir. 2006) wherein the U.S. Court of Appeals overturned the Hedge Fund Adviser...

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