Securities Law Updates

Featured Expert Legal Commentary

Amgen Inc. v. Connecticut Retirement Plans & Trust Funds: Supreme Court Sides with Investors in Securities Fraud Class Action

By Josh Lawler of Zuber Lawler & Del Duca

In a 6-3 decision, the Supreme Court recently held that plaintiffs alleging § 10(b) securities fraud do not need to prove the materiality of a defendant’s alleged fraudulent statements and omissions in order to receive class certification, settling a circuit split. In Amgen Inc. v. Connecticut Retirement Plans & Trust… More...

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SEC Seeks to Halt Scheme Raising Investor Funds Under Guise of JOBS Act

SEC v. USA Real Estate Fund 1, Inc., et al.  |  SEC No. 2013-73, Civil Action No. 2:13-cv-00157-LRS, U.S. District Court for the Eastern District of Washington  |  4/25/2013

The Securities and Exchange Commission has filed fraud charges against a Spokane Valley, Wash., company and its owner for misleading investors with claims to raise billions of investment capital under the Jumpstart Our Business Startups (JOBS) Act and invest it exclusively in American businesses. More...

Ralph Lauren Corporation Resolves Foreign Corrupt Practices Act Investigation Conducted by SEC and DOJ

In re : FPCA Violations of Ralph Lauren Corporation  |  DOJ No. 13-456, SEC No. 2013-65  |  4/22/2013

Ralph Lauren Corporation (RLC), a New York based apparel company, has agreed to pay an $882,000 penalty to resolve allegations that it violated the Foreign Corrupt Practices Act (FCPA) by bribing government officials in Argentina to obtain improper customs clearance of merchandise, according to Mythili Raman, the Acting Assistant Attorney General for the Criminal Division, and Loretta E. Lynch, the United States Attorney for the Eastern District of New York. More...

Former KPMG Partner and Friend Charged with Insider Trading

SEC v. Scott London, et al.  |  SEC v. Scott London, et al. SEC No. 2013-58, No. CV13-02258  |  4/12/2013

The Securities and Exchange Commission yesterday charged the former partner in charge of KPMG's Pacific Southwest audit practice and his friend with insider trading on nonpublic information about firm clients. More...

SEC Adopts Rules to Help Protect Investors from Identity Theft

Identity Theft Red Flags Rules  |  SEC No. 2013-57 ,17 CFR Part 248, Release Nos. 34-69359, IA-3582, IC-30456; File No. S7-02-12, RIN: 3235-AL26  |  4/10/2013

The Securities and Exchange Commission has voted unanimously to adopt rules requiring broker-dealers, mutual funds, investment advisers, and certain other entities regulated by the agency to adopt programs to detect red flags and prevent identity theft. More...

SEC Says Social Media OK for Company Announcements if Investors are Alerted

Report of Investigation Pursuant to Section 21(a) of the Securities Exchange Act of 1934: Netflix, Inc., and Reed Hastings  |  SEC No. 2013-51, Release No. 69279  |  4/2/2013

The Securities and Exchange Commission has issued a report that makes clear that companies can use social media outlets like Facebook and Twitter to announce key information in compliance with Regulation Fair Disclosure (Regulation FD) so long as investors have been alerted about which social media will be used to disseminate such information. More...

Court Grants DOJ’s Motion to Dismiss Antitrust Suit against Blue Cross Blue Shield of Michigan after Michigan Passes Law to Prohibit Health Insurers from Using Most Favored Nation Clauses in Provider Contracts

U.S.A. v. Blue Cross Blue Shield of Michigan  |  DOJ No. 13-345, Case No. 2:10-cv-14155-DPH-MK  |  3/28/2013

The U.S. District Court for the Eastern District of Michigan has granted the Department of Justice motion to dismiss its antitrust lawsuit against Blue Cross Blue Shield of Michigan (BCBSM). The order of dismissal was without prejudice. More...

SEC Issues Guidance Update on Social Media Filings by Investment Companies

IM Guidance Update: Filing Requirements for Certain Electronic Communications  |  SEC No. 2013-01, SEC No. 2013-40  |  3/15/2013

The Securities and Exchange Commission has published a guidance update from its staff to clarify the obligations of mutual funds and other investment companies to seek review of materials posted on their social media sites. More...

SEC Seeks Information to Assess Standards of Conduct and Other Obligations of Broker-Dealers and Investment Advisers

Duties of Brokers, Dealers, and Investment Advisers  |  SEC No. 2013-32, Release No. 34-69013; IA-3558; File No. 4-606  |  3/1/2013

The Securities and Exchange Commission has published a request for data and other information to assist the agency in considering whether to make new rules about the standards of conduct and regulatory obligations for broker-dealers and investment advisers when they provide personalized investment advice about securities to retail customers. More...

SEC Issues Risk Alert and Investor Bulletin on Investment Adviser Custody Rule

Significant Deficiencies Involving Adviser Custody and Safety of Client Assets  |  SEC No. 2013-33, Volume III, Issue 1  |  3/4/2013

The Securities and Exchange Commission has issued a Risk Alert on compliance with its custody rule for investment advisers and it also issued an Investor Bulletin about the rule, which is designed to protect advisory clients from theft or misuse of their funds and securities. More...

The Royal Bank of Scotland PLC and RBS Securities Japan Limited Ordered to Pay $325 Million Penalty to Settle Charges of Manipulation, Attempted Manipulation, and False Reporting of Yen and Swiss Franc LIBOR

In the Matter of The Royal Bank of Scotland plc and RBS Securities Japan Limited  |  CFTC Release pr6510-13CFTC Docket No. 13-14  |  2/6/2013

The U.S. Commodity Futures Trading Commission (CFTC) yesterday issued an Order against The Royal Bank of Scotland plc and RBS Securities Japan Limited (collectively, RBS or the Bank), bringing and settling charges of successful manipulation, attempted manipulation, and false reporting relating to LIBOR for Yen and Swiss Franc, which are benchmark interest rates critical to financial markets and the public. 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.

Banc of America Securities LLC

Citicorp USA, Inc.

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.

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

Ameriprise Financial, Inc. f.k.a. American Express Financial Corp.

Harris Nesbitt Corp.

California Department of Corporations

The Royal Bank of Scotland plc

RiverSource Investments, LLC

The Bank of Nova Scotia

Asset Management Holding AG

Deutsche Bank

Consolidated Management Group, LLC

Toronto Dominion Texas, LLC f.k.a. Toronto Dominion Texas, Inc.

Alex Brown, Inc.

Tellabs, Inc.

Deutsche Bank Securities, Inc.

Mizuho International PLC

SG Cowen Securities Corp.

Makor Issues & Rights, Ltd.

ABN AMRO Inc.

Lydia Capital, LLC

Suntrust Capital Markets, Inc.

Tribune Company

Additional Resources

Securities Law