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September 23–24, 2020
Wednesday, Thursday, On Demand Sponsors September 23 September 24 Sessions A gathering for regulators and industry professionals to exchange ideas and empower success September 23–24, 2020 Wednesday, September 23 LIVE 10:00 AM – 11:00 AM – LIVE: Virtual Exhibit Hall During this allotted time, visit sponsors, ask questions, and learn from fellow colleagues about industry topics. 11:00 AM – 11:05 AM – LIVE: Welcome Remarks C&L VIRTUAL FORUM CHAIRPERSON Scott Kursman Citi 11:05 AM – 11:35 AM – LIVE: One-on-One Conversation with Robert Cook Robert Cook MODERATOR FINRA Ira D. Hammerman SIFMA 11:45 AM – 12:45 PM – LIVE: COVID-19: Lessons Learned for Compliance & Legal Professionals • Operational capacity – what does this mean for systems access, especially trading businesses • Meeting regulatory obligations for oversight in this COVID-19 environment. Anticipating unique risks in this new operating structure. • Supervisory and management challenges with remote staff and related information security challenges • Discuss today’s challenges of internal and external communications and recordkeeping • Considerations for Return-to-Work plans Michael Broadbery Andy Cadel Kevin H. Dunn Marlon Paz Emily Westerberg MODERATOR Goldman Sachs Citi National Institute for Mayer Brown Russell Amy J. Greer Occupational Safety SEC Baker & McKenzie LLP and Health 12:55 PM – 2:00 PM – LIVE: Leadership Matters: Meaningful, Measured Impact in Diversity and Inclusion This panel will take a deeper dive into how today’s financial industry leadership work must be a matter -
SEC Historical Society Highlights
Securities and Exchange Commission Historical Society o Highlights of 2005 Preserving Investing’s Past WWW. SECHISTORICAL. ORG Exploring Investing’s Future T the virtual museum of sec and securities industry history T Highlights of 2005 Report The Highlights of 2005 is the narrative section of the Securities and Exchange Commission Historical Society’s 2005 Annual Report. The 2005 financial statement and list of donors Letter from the President will be published in the 2005 Annual Report later in 2006. Dear Friends: Carla L. Rosati, CFRE, Editor On December 1st, our virtual museum and archive at www.sechistorical.org Donald Norwood Design, Design and Publication opened its first galleries – 431 Days: Joseph P. Kennedy and the Creation of Scavone Photography and the SEC (1934-35); and William O. Douglas and the Growing Power of the Rob Tannenbaum, Photography SEC (1936-39) – a milestone in the mission of the Securities and Exchange (and images from the virtual museum and archive) Commission Historical Society to preserve and share SEC and securities history for generations to come. Securities and Exchange Commission For those of you who helped to build the Society as a non-profit organiza- Historical Society The Securities and Exchange Commission tion from our founding on September 15, 1999, and those of you who wit- Historical Society, a 501(c)(3) non-profit nessed the opening of the virtual museum and archive on June 1, 2002, this organization, independent of and separate was indeed a proud moment. from the U.S. Securities and Exchange When I met with SEC Chairman Christopher Cox in October, he informed Commission, preserves and shares SEC and me that the museum’s collections were used to prepare for his confirmation securities history through its virtual museum hearings. -
CORPORATIONS and CAPITAL MARKETS EVOLUTION Sponsored
CORPORATIONS AND CAPITAL MARKETS EVOLUTION Sponsored by: Columbia Law School Transactional Studies Program Speaker Biographies Raanan A. Agus Raanan A. Agus is the global head of the Principal Strategies Group in the Equities Division of Goldman Sachs. The Principal Strategies Group is a proprietary, multi-strategy investment arm within Goldman Sachs that engages in equity long/short strategies, convertible arbitrage, volatility strategies, distressed and capital structure arbitrage, tactical trading, and special situation/event-driven strategies. Mr. Agus joined Goldman Sachs in 1993 as an associate in Equities Arbitrage, and became a managing director in 1999 and a partner in 2000. Mr. Agus is also a member of the Equities/FICC Joint Operating Committee and the Firmwide Risk Committee. He is also on the Goldman Sachs chess team. Mr. Agus earned an A.B. degree from Princeton University in 1989 and a joint J.D./M.B.A. degree, specializing in finance, from Columbia University in 1993. Alan L. Beller Alan L. Beller is a partner based in the New York office of Cleary Gottlieb Steen & Hamilton. His practice focuses on a wide variety of complex securities, corporate governance, and corporate matters. Mr. Beller served as the Director of the Division of Corporation Finance of the U.S. Securities and Exchange Commission and as Senior Counselor to the Commission from January 2002 until February 2006. During his four-year tenure, Mr. Beller led the Division in producing the most far-reaching corporate governance, financial disclosure, and securities offering reforms in Commission history, including the implementation of the corporate provisions of the Sarbanes- Oxley Act of 2002 and the adoption of corporate governance standards for listed companies. -
Financial Fraud Law Report
Financial Fraud Law Report an a.s. pratt & sons publiCation january 2014 Headnote: The Feds Get tougher Steven A. Meyerowitz SAC Civil ForFeiture Action raises stakes For insider tradinG Harry Morgan, Bridget Moore, and Danny David tough tone at tHe top oF tHe SEC Greg D. Andres, Richard J. Sandler, and Linda Chatman Thomsen SEC “Zero toleranCe” nets nearly two doZen Firms For alleGed violations oF Short sale rule Marc D. Powers and Jonathan A. Forman CaliFornia Central distriCt rejeCts Federal Government’s expanded view oF Causation under Federal False Claims Act Edward A. Woods, Susan K. Leader, Amjad M. Khan, and Kelsey S. Morris disseCtinG tHe NIST preliminary CyberseCurity Framework Mary Ellen Callahan, Daniel E. Chudd, Michael T. Borgia, Sabrina N. Guenther, and Anne C. Perry The Government’s $48 million ATM witHdrawal: is it time to start sweatinG Again? Paul R. Berger, Sean Hecker, Andrew M. Levine, Bruce E. Yannett, and Philip Rohlik Consumer FinanCial proteCtion bureau ClariFies new mortGaGe serviCinG rules Brian McCormally and Michael Mierzewski FINRA publisHes report on ConFliCts oF interest and provides GuidanCe to broker-dealers about manaGinG and mitiGatinG ConFliCts Amy Natterson Kroll and Russell M. Fecteau Crime and Courts Act 2013: deFerred proseCution Agreements Code oF praCtiCe Peter Burrell and Paul Feldberg 2013 index oF artiCles 2013 index oF autHors Editor-in-chiEf Steven A. Meyerowitz President, Meyerowitz Communications Inc. Board of Editors Frank W. Abagnale William J. Kelleher III Sareena Malik Sawhney author, lecturer, and consultant corporate counsel director abagnale and associates people’s united Bank Marks paneth & Shron llp Stephen L. -
Taskforce on Scaling Voluntary Carbon Markets: Consultation Document
NOVEMBER 2020 TASKFORCE ON SCALING VOLUNTARY CARBON MARKETS CONSULTATION DOCUMENT REPORT FRONT-PIECE ABOUT THE TASKFORCE The Taskforce on Scaling Voluntary Carbon Markets is a private sector-led initiative working to scale an effective and efficient voluntary carbon market to help meet the goals of the Paris Agreement. The Taskforce was initiated by Mark Carney, UN Special Envoy for Climate Action and Finance Advisor to UK Prime Minister Boris Johnson for the 26th UN Climate Change Conference of the Parties (COP26); is chaired by Bill Winters, Group Chief Executive, Standard Chartered; and sponsored by the Institute of International Finance (IIF) under the leadership of IIF President and CEO, Tim Adams. Annette Nazareth, a partner at Davis Polk and former Commissioner of the US Securities and Exchange Commission, serves as the Operating Lead for the Taskforce. McKinsey & Company provides knowledge and advisory support. The Taskforce’s more than 50 members represent buyers and sellers of carbon credits, standard setters, the financial sector and market infrastructure providers. The Taskforce’s unique value proposition has been to bring all parts of the value chain to work intensively together and to provide recommended actions for the most pressing pain-points facing voluntary carbon markets. The Taskforce is also supported by a highly engaged Consultation Group, composed of subject- matter experts from more than 80 institutions, who contribute additional perspective to the recommendations. ABOUT THE REPORT This report was developed by the Taskforce on Scaling Voluntary Carbon Markets, drawing on multiple sources, including a research collaboration with McKinsey & Company, which is providing knowledge and advisory support to the IIF. -
Spring 2011 Address Service Requested BLS BLS Lawnotes Spring Spring 2011
250 Joralemon Street, Brooklyn, New York 11201 LawNotesThe Magazine of Brooklyn Law School | Spring 2011 address service requested BLS BLS LawNotes Spring 2011 Upcoming Events JUNE 6 COMMENCEMENT AUGUST 24 FALL SEMESTER CLASSES BEGIN speaker: Judge Thomas Buergenthal, International Court of Justice in The Hague (ret.) OCTOBER 6 BELFER LECTURE Avery Fisher Hall speaker: Commissioner Alan Bersin, US Customs and Border Protection JUNE 9 RECENT GRADUATE COCKTAIL PARTY Little Cheese Pub, Manhattan OCTOBER 21 SYMPOSIUM “Globalization of the United States JULY 10 ON THE ROAD: SEATTLE Litigation Model” Fairmont Olympic Hotel Sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law JULY 24 HAMPTONS SUMMER COCKTAIL RECEPTION Home of Stacy Kanter ’84 and Eric Kornblau ’84 NOVEMBER 11 SYMPOSIUM “Crawford and Beyond III: AUGUST 15 CONVOCATION Confrontation Clause Limitations on A World of Opportunity Hearsay Evidence, Differing Perspectives Sponsored by the Journal of Law and Policy BLS Fellows Work around the Globe, Gaining Enriching International Experience For more information about events and dates, please visit our Web site at www.brooklaw.edu/NewsAndEvents. 1 • BLSLawNotes | Spring 2011 BLSLawNotes Vol. 16, No. 1 Editor-in-Chief Graphic Design Linda S. Harvey Ron Hester Design WE WANT YOU!!! Assistant Dean for External Affairs Photographers Managing Editor Damion Edwards Andrea Strong ’94 Matilda Garrido Ron Hester Contributors Alan Perlman …to hire Diana Barnes-Brown Joe Vericker Bethany Blankley Daniel J. Goodstadt ’10 Printer our students! Tina Herrera Finlay Printing Alison Holstein ’12 Ivy Miller BLS LawNotes is published Rachel Rehwinkel ’07 semi-annually by Stephanie Staal ’10 Brooklyn Law School Andrea Strong ’94 for alumni, students, faculty and friends. -
The Madoff Investment Securities Fraud: Regulatory and Oversight Concerns and the Need for Reform Hearing Committee on Banking
S. HRG. 111–38 THE MADOFF INVESTMENT SECURITIES FRAUD: REGULATORY AND OVERSIGHT CONCERNS AND THE NEED FOR REFORM HEARING BEFORE THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS UNITED STATES SENATE ONE HUNDRED ELEVENTH CONGRESS FIRST SESSION ON HOW THE SECURITIES REGULATORY SYSTEM FAILED TO DETECT THE MADOFF INVESTMENT SECURITIES FRAUD, THE EXTENT TO WHICH SECURITIES INSURANCE WILL ASSIST DEFRAUDED VICTIMS, AND THE NEED FOR REFORM JANUARY 27, 2009 Printed for the use of the Committee on Banking, Housing, and Urban Affairs ( Available at: http://www.access.gpo.gov/congress/senate/senate05sh.html U.S. GOVERNMENT PRINTING OFFICE 50–465 PDF WASHINGTON : 2009 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 08:33 Jul 07, 2009 Jkt 048080 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\DOCS\50465.TXT JASON COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS CHRISTOPHER J. DODD, Connecticut, Chairman TIM JOHNSON, South Dakota RICHARD C. SHELBY, Alabama JACK REED, Rhode Island ROBERT F. BENNETT, Utah CHARLES E. SCHUMER, New York JIM BUNNING, Kentucky EVAN BAYH, Indiana MIKE CRAPO, Idaho ROBERT MENENDEZ, New Jersey MEL MARTINEZ, Florida DANIEL K. AKAKA, Hawaii BOB CORKER, Tennessee SHERROD BROWN, Ohio JIM DEMINT, South Carolina JON TESTER, Montana DAVID VITTER, Louisiana HERB KOHL, Wisconsin MIKE JOHANNS, Nebraska MARK R. WARNER, Virginia KAY BAILEY HUTCHISON, Texas JEFF MERKLEY, Oregon MICHAEL F. BENNET, Colorado COLIN MCGINNIS, Acting Staff Director WILLIAM D. -
Credible Living Wills: the First Generation
CREDIBLE LIVING WILLS: THE FIRST GENERATION Davis Polk & Wardwell LLP and McKinsey & Company1 April 25, 2011 Executive Summary The post-financial crisis era has seen a paradigm shift in the regulation of the financial services industry. Systemically important financial institutions are becoming subject to new regulatory requirements in multiple areas including increased capital and liquidity requirements, mandatory stress tests, restrictions on their activities, higher prudential standards and recapitalization or wind-down mechanisms. Enhanced planning for the risk of failure is an important element of the new regulatory paradigm. Supervisors from the United States, the European Union and the Group of Twenty (G20) are developing requirements for systemically important financial institutions to create credible living wills. These plans will include key information about the firm and set forth actions that could be taken to reduce idiosyncratic losses and to mitigate systemic contagion in the event of financial distress, up to and including the insolvency or failure of the firm. In some ways, living wills are analogous to contingency planning for public emergencies that arise when a hurricane, earthquake or other natural disaster strikes. Even though human choices are the underlying causes of financial panics, financial panics are also like natural disasters because they have occurred repeatedly, suddenly, unpredictably and destructively throughout the history of financial markets. The rationale behind the living will is that, like contingency planning for an emergency, pre-planning could reduce the likelihood of future crises or at least enhance the ability of firms and supervisors to respond to a crisis. A concern with the living wills process is that, like a poorly designed contingency plan, it could be used to impose changes that are intended to reduce systemic risk but which are neither risk mitigating nor efficient. -
Futures Industry Template
Greg Kuserk was appointed deputy director MFA also appointed several new directors: of the Commodity Futures Trading Craig Donohue , chief executive officer, CME Commission’s Market Surveillance Section in Group; William Keunen , director, Citco Fund the Division of Market Oversight. Kuserk, who Services; Frederick Hatfield , former CFTC has been with the CFTC since 1987, has par - Commissioner; and Annette Nazareth , partner, ticipated in technical assistance programs for Davis Polk & Wardwell. The Board elected foreign regulators and has played a role in the following officers: Coes as MFA vice spearheading studies on the CFTC’s oversight chairman; Arthur Bell , managing partner of role and derivatives trading. He succeeded John Arthur F. Bell Certified Public Accountants, Fenton, who recently retired from the agency. as MFA treasurer; and Tracy Wills-Zapata , managing director for institutional business The Securities and Exchange Commission development at Campbell & Company, as named Amy Edwards as assistant chief econo - MFA secretary. mist for markets and intermediaries in the agency’s Office of Economic Analysis. Edwards The World Federation of Exchanges has served as a financial economist at the named William Brodsky , chief executive of the agency since 1997. The SEC also named James Chicago Board Options Exchange, as chair - Eastman as chief counsel and associate director man for a two-year term. In taking the posi - Prominent in the agency’s trading and markets division. tion, Brodsky said a key part of his agenda will Eastman previously served as counsel to SEC be to undertake a study on the disruptions People Chairman Christopher Cox. Before that he caused by the restrictions imposed on short served as assistant general counsel at FINRA. -
SEC Enforcement: a Year in (P)Review by Elizabeth P
December/January 2009 n Volume 6 n Issue 1 REPORT SEC Enforcement: A Year in (P)review BY ELIZABETH P. GRAY & JOSEPH M. AZAM Elizabeth P. Gray is a partner and Joseph M. Azam is an associate in the Litigation Department of the Washington, D.C. office of Willkie Farr & Gallagher LLP. Ms. Gray previously served as Assistant Director in the Securities and Exchange Commission’s Division of Enforcement and as well as counselor to SEC Chairman Arthur Levitt. Contact: [email protected] or [email protected]. We took risks, we knew we took them; things have come out against us, and there- fore we have no cause for complaint. One would be hard-pressed to find a FY 2008: Lasting Trends more apt description of the financial crisis of the past year. Oddly enough, however, Most any account of the Securities and these words were not gleaned from ac- Exchange Commission’s enforcement pro- counts of the current meltdown in the mar- gram in FY 2008 will include a recital of kets. Rather, they were discovered scrawled the Commission’s quantitative accomplish- 1 as a “Message to the Public” in the diary of ments for the year. With a record number of insider trading cases and a substantial famed British explorer Robert F. Scott after number of enforcement cases overall, the his ill-fated attempt to lead the first expedi- Commission’s notable’s successes were in tion to the South Pole in 1912. cases focused on insider trading and illegal In more ways than one, the recent finan- market transactions by high-level market cial crisis has invited a similar sort of an- participants. -
Occ Advisory Letter
AL 2004–5 O OCC ADVISORY LETTER Comptroller of the Currency Administrator of National Banks Potential Liability of Financial Institutions for Securities Law Subject: Violations Arising from Deceptive Structured Finance Products and Transactions TO: Chief Executive Officers and Compliance Officers of All National Banks, Department and Division Heads, and All Examining Personnel PURPOSE The attached letter dated December 4, 2003, from Annette L. Nazareth, director for the Division of Market Regulation at the U. S. Securities and Exchange Commission (SEC) provides guidance to bank regulators on the potential liability of financial institutions for securities law violations arising from deceptive structured finance products and transactions. Ms. Nazareth’s letter includes an internal SEC memorandum that discusses (1) the principal types of securities law violations that can arise from the use of deceptive structured finance products and transactions and (2) the manner in which financial institutions that offer such deceptive products, or participate in such transactions, may be liable for these violations. As the SEC notes in its memorandum, “The types of securities law violations that may arise from the use of deceptive structured finance products and transactions depend upon the unique facts and circumstances of each case.” While not exhaustive, the attached SEC memorandum provides a list of the principal categories of securities laws and violations that arise from common fact patterns, and this list includes antifraud violations, reporting violations, and reporting and internal control violations. Office of the Comptroller of the Currency examiners should be alert to the factors highlighted in the SEC memorandum when examining structured finance products and transactions at a national bank. -
In the Supreme Court of the State of Delaware
EFiled: Oct 26 2015 01:05PM EDT Filing ID 58066809 Case Number 349,2015 IN THE SUPREME COURT OF THE STATE OF DELAWARE HUGH F. CULVERHOUSE, individually and on behalf of all others similarly situated, No. 349, 2015 Plaintiff-Appellant, Certification of Question of Law v. from the United States Court of Appeals for the Eleventh Circuit PAULSON & CO. INC. and C.A. No 14-1426 PAULSON ADVISERS, LLC, Defendants-Appellees. REPLY BRIEF OF APPELLANT HUGH F. CULVERHOUSE Richard L. Renck (No. 3893) DUANE MORRIS LLP 222 Delaware Avenue, 16th Floor Wilmington, DE 19801 OF COUNSEL: (302) 657-4900 Robert L. Byer Counsel for Appellant Robert M. Palumbos Hugh F. Culverhouse DUANE MORRIS LLP 30 South 17th Street Philadelphia, PA 19103 (215) 979-1000 Harvey W. Gurland, Jr., P.A. Lawrence A. Kellogg, P.A. Felice K. Schonfeld Jason Kellogg DUANE MORRIS LLP LEVINE KELLOGG LEHMAN 200 S. Biscayne Blvd., Suite 3400 SCHNEIDER + GROSSMAN LLP Miami, FL 33131 201 South Biscayne Blvd., 22nd Floor (305) 960-2214 Miami, FL 33131 (305) 403-8788 October 26, 2015 TABLE OF CONTENTS Page INTRODUCTION ..................................................................................................... 1 ARGUMENT ............................................................................................................. 3 1. Paulson owed Culverhouse a duty, and Paulson’s arguments to the contrary are not properly before this Court. .................................................... 3 A. The certified question asks whether claims are direct or derivative, not whether Paulson had a fiduciary or contractual relationship with Culverhouse. .............................................................. 3 B. Culverhouse adequately alleged that Paulson owed him a duty. .......... 5 2. Both Tooley and Anglo American dictate that the Court answer the certified question in the affirmative. ............................................................... 8 A. Paulson ignores the impact of the fund structure on the standing analysis under Tooley.