Securities Law Updates

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Lawson et al. v. FMR LLC: Sarbanes-Oxley’s Whistleblower Protection Is Limited to Employees of Publicly Traded Companies

By Josh Lawler and Kevin A. Malcolm of Zuber & Taillieu

In a split decision, the First Circuit recently held that Sarbanes-Oxley’s whistleblower protection is limited to employees of publicly traded companies and thus excludes employees of a publicly traded company’s contractors. In Lawson et al. v. FMR LLC, 670 F.3d 61 (1st Cir. 2012), a case of first impression, the… More...

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House Reintroduces Bill Targeting Insider Trading by Government Officials

Stop Trading on Congressional Knowledge Act  |  H.R.2341  |  1/26/2009

Reps. Louise Slaughter, D-N.Y., and Brian Baird, D-Wash., have reintroduced in the House of Representatives a legislation that extends the concept of insider trading to government employees in possession of nonpublic information. More...

Senate Refers to Banking Committee Bill Enhancing Powers of the SEC After House Approval

Securities Act of 2008  |  H.R. 6513  |  9/12/2008

In a swift move, the U.S. Senate endorsed to the Committee on Banking the Securities Act of 2008 the bill that seeks to enhance the powers of the Securities and Exchange Commission (“SEC”). The referral came less than twenty four hours after the House of Representatives passed, and then sent to More...

Senate Bill Aims for Greater Transparency and Accountability in Corporate Executive Compensation

Corporate Executive Compensation Accountability and Transparency Act  |  S.2866  |  4/15/2008

The Senate has referred to its Committee on Finance a “bill to require greater disclosure of senior corporate officer compensation, to empower shareholders and investors to protect themselves from fraud, to limit conflicts of interest in determining senior corporate officer compensation, to ensure More...

Bill to Protect Senior Americans from Securities Fraud Remains Pending with Senate Judiciary Committee

Senior Investor Protection Act of 2008  |  S. 2794  |  4/1/2008

A senate bill that directs the Attorney General to establish a program of grants to states for the protection of senior citizens from securities fraud remained under scrutiny at the Committee on Judiciary.  The bill, known as the “Senior Investment Protection Act of 2008,” is entitled “A bill to More...

Bill Enhancing SEC Powers Advances in House

Securities Act of 2008  |  H.R.6513  |  7/16/2008

The House referred to its Committee on Financial Services a bill known as the “Securities Act of 2008” that enhances the effectiveness of the Securities and Exchange Commission’s (“SEC”) enforcement, corporation finance, trading and markets, investment management, and examination programs.  Rep. More...

New Bill Seeks to Curb Illegal Kickback Schemes Involving Attorneys in Securities Class Suits

Securities Litigation Attorney Accountability and Transparency Act  |  H.R.3931, H.R.5463, S. 3033  |  5/19/2008

U.S. Senator John Cornyn (TX) introduced a bill that seeks to protect private investors by promoting transparency and accountability of attorneys in private securities litigation.  The proposed legislation introduced on May 19, 2008 and entitled Securities Litigation Attorney Accountability and More...

Amendments to Federal Securities Laws Referred to Senate Committee

Securities Law Technical Corrections Act of 2007  |  H.R.3505  |  9/7/2007

Rep. Peter J. Roskam (IL-6) introduced on the congressional floor this bill that seeks to provide various technical and clerical amendments to the following statutes: (1) the Securities Act of 1933; (2) the Securities Exchange Act of 1934; (3) the Trust Indenture Act of 1939; (4) the Investment More...

To Eliminate the Exemption from State Regulation for Certain Securities

H.R. 2868  |  6/26/2007

This proposed legislation was introduced in the House of Representatives by Rep. Gregory W. Meeks (NY), and co-sponsored by six others, on June 26, 2007.  This bill seeks to “eliminate the exemption from State regulation for certain securities designated by national securities exchanges,” as More...

Securities and Exchange Commission Authority Restoration Act of 2007

H.R. 2586  |  6/6/2007

This proposed legislation was introduced in the House of Representatives by Rep. Michael E. Capuano (MA.), and co-sponsored by another member of the House, on June 6, 2007.  This bill seeks to “amend the Investment Advisers Act of 1940 to authorize the Commission to require the registration of More...

Money Market Fund Parity Act of 2007

H.R. 1171  |  2/17/2007

This proposed legislation was introduced in the House of Representatives by Rep. Gregory W. Meeks (NY) on February 16, 2007, and co-sponsored by five others.  This bill seeks to “direct the Securities and Exchange Commission to revise rules to provide for the comparable treatment and expanded use More...

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Companies Mentioned

Securities Law

The following companies are mentioned in Securities Law Updates:

Securities and Exchange Commission

Harris Associates, L.P.

Citicorp USA, Inc.

Banc of America Securities LLC

The Public Employees’ Retirement System of Mississippi

Morgan Stanley & Co., Inc.

Jan Charles Finance S.A.

Park East, Inc.

CIBC World Markets Corp.

Citigroup Inc.

Barclays Capital Inc.

Citigroup Global Markets, Inc.

Calyon Securities (USA), Inc. f.k.a. Credit Lyonnais Securities (USA) Inc.

Salomon Smith Barney, Inc.

Calyon New York Branch (successor by operation of law to Credit Lyonnais New York Branch)

Dynex Capital Inc.

Citigroup, Inc.

JPMorgan Chase & Co.

JPMorgan Securities Inc.

Merit Securities Corp.

Scotia Capital (USA), Inc.,

Teamsters Local 445 Freight Division Pension Fund

Aetna, Inc.

Cowen & Co., LLC f.k.a. SG Cowen Securities Corp.

Societe Generale

SunTrust Bank

TD Securities (USA), Inc.

BMO Nesbitt Burns Corp. n.k.a. Harris Nesbitt Burns Corp.

Buchanan Ingersoll & Rooney Professional Corporation

Consolidated Leasing Hugoton Joint Venture #2

W. R. Huff Asset Management Co., LLC

Consolidated Leasing Anadarko Joint Venture

ABN AMRO Bank N.V.

Guardian Capital Management

Free Enterprise Fund

Banc of America, N.A.

Vesta Insurance Group, Inc.

Beckstead and Watts, LLP

Barclays Bank PLC

Torchmark Corp.

Public Company Accounting Oversight Board

BNY Capital Markets, Inc.

KPMG Peat Marwick, LLP

Deloitte & Touche LLP

Credit Lyonnais Securities (USA) Inc.

Florida State Board of Administration

Credit Suisse Securities (USA) LLC

Deutsche Bank AG

The Cleaners & Caulkers Local 1 Pension Fund

Credit Suisse, New York Branch

Additional Resources

Securities Law