Securities law - municipal securities disclosure statute - Newly amended Securities Exchange Act Rule 15c2-12 requires municipal securities issuers to provide additional information to the market. - Municipal Securities Disclosure, 17 C.F.R. s. 240.15c2-12 (1995)
Article Abstract:
Criticisms of the disclosure requirements for the dealers and underwriters of municipal securities enacted by the SEC in 1995 under Securities Exchange Act Rule 15c2-12 are largely unfounded, and the regulations promise to improve information available to investors and the SEC. Some critics have argued that the regulations violate restrictions on municipal securities regulation, are unduly burdensome and will chill new offers. The extensive involvement of issuers and the securities industry in the rule-making process ensured that these risks were minimized.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1996
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Civil procedure - choice of law - Ninth Circuit uses international law to decide applicable substantive law under Alien Tort Claims Act
Article Abstract:
In the case of John Doe I v. Unocal Corp., the US Court of Appeals for the 9th Circuit used international law norms to overturn a summary judgment by a district court. The issue involved was the applicability of third-party liability to an American oil company which build a pipleline in Myanmar protected by Myanmarese soldiers who had committed severe human rights violations on the surrounding population. The 9th Circuit ruled that such liability could be assessed under international norms.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2003
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Securities laws - disclosure liability - Ninth Circuit declines to rule on whether investors may indirectly waive misrepresentation claims against securities issuers
Article Abstract:
The Ninth Circuit in Layman v. Combs correctly decided not to enforce an indemnification agreement based on contract interpretation, but failed to address the broader issue of whether indemnification agreements should be allowed to contractually waive disclosure liability provisions of securities laws. Such private agreements would not foster either efficiency or equity and should not be permitted, in accordance with the anti-waiver provisions of the securities laws.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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- Abstracts: Twilight of the cartel. Defending securities fraud class actions in state courts raises many procedural and substantive issues different from those being litigated in federal court
- Abstracts: Ads that compare are still up in the air under British trade marks act; two High Court decisions provide advertisers little guidance on use of rival marks in advertisements
- Abstracts: Severance pay in corporate transactions. Amendment to s. 83 regulations eliminates requirement that employers withhold tax in order to take deduction
- Abstracts: Developments in the law: the civil jury. Family law - Massachusetts Supreme Judicial Court upholds Probate Court's exercise of equity power in granting visitation between a child and a lesbian de facto parent. - E.N.O. v. L.L.M