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The Renewed Focus On Compensation Committees: A Push For True Independence
In the wake of the recent market turmoil, there has been much finger pointing as politicians, the media, business leaders, and the general public have tried to determine a root cause for the greatest financial crisis in recent memory. As part of the collective public discussion on the economic...
Read MoreA Bankruptcy Saga For The History Books
Editor: Please provide our readers with information about your background before being appointed chief legal advisor to the Auto Team working on the presidential auto task force responsible for restructuring GM, Chrysler, GMAC and Delphi. Feldman: I graduated from NYU law school in 1988 and...
Read MoreFinancial Regulatory Reform Update: Which Private Fund Managers Should Anticipate Registration With The SEC?
The U.S. Congress is preparing to consider far-reaching legislation that would expand the powers of the federal government over financial institutions operating in the United States, dramatically alter the role and authority of many federal regulatory agencies, and require many financial industry...
Read MoreFederal District Court In Mark Cuban Case Issues Decision On Misappropriation Theory Of Insider Trading
On July 17, a federal district court in Dallas, Texas issued an important decision, S.E.C. v. Cuban , 2009 WL 2096166 (N.D. Tex. July 17, 2009), addressing the scope of liability under the "misappropriation" theory of insider trading. That theory, recognized over a decade ago by the...
Read MoreState Initiatives To Regulate Credit Default Swaps Deferred Pending Federal Action
In recent months, credit default swaps ("CDS") have attracted growing public scrutiny. As defaults by sellers of these instruments have risen, there have been efforts at both the state and federal levels to regulate CDS. While the regulatory goal is to increase disclosure and transparency and to...
Read MoreFor Foreign Investors, Expert Navigation Through The CFIUSProcess
Editor:Please provide our readers with background on the Exon-Florio law passed in 1988, which gives the President authority under the Committee on Foreign Investment in the United States (CFIUS) to rule on foreign investment in U.S companies that might constitute a national security risk. Who are...
Read MoreTARP Enforcement: Latest Developments And Insights
In response to the economic crisis, the federal government has made as much as $3 trillion available through the Troubled Asset Relief Program ("TARP"). Recognizing that such a large pool of funds is subject to potential misuse, abuse, and fraud, Congress established the Office of the Special...
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