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Yale Law School 2007-2008
bulletin of yale university bulletin of yale Series 1o3 8 Number 10, 2007 August 2007–2008 Yale Law School Yale bulletin of yale university August 10, 2007 Yale Law School Periodicals postage paid Periodicals Connecticut Haven, New 06520-8227 CT New Haven Haven New bulletin of yale university bulletin of yale Bulletin of Yale University The University is committed to basing judgments concerning the admission, education, and employment of individuals upon their qualifications and abilities and a∞rmatively Postmaster: Send address changes to Bulletin of Yale University, seeks to attract to its faculty, sta≠, and student body qualified persons of diverse back- PO Box 208227, New Haven CT 06520-8227 grounds. In accordance with this policy and as delineated by federal and Connecticut law, Yale does not discriminate in admissions, educational programs, or employment PO Box 208230, New Haven CT 06520-8230 against any individual on account of that individual’s sex, race, color, religion, age, Periodicals postage paid at New Haven, Connecticut disability, status as a special disabled veteran, veteran of the Vietnam era, or other covered veteran, or national or ethnic origin; nor does Yale discriminate on the basis of Issued seventeen times a year: one time a year in May, November, and December; sexual orientation or gender identity or expression. two times a year in June; three times a year in July and September; six times a year University policy is committed to a∞rmative action under law in employment of in August women, minority group members, individuals with disabilities, special disabled veterans, veterans of the Vietnam era, and other covered veterans. -
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. -
Chairman Jay Clayton, June 1, 2019 to June 30, 2019
Chairman Jay Clayton Public Calendar June 1, 2019 to June 30, 2019 Monday, June 3, 2019 10:30 am Meeting with staff 11:00 am Meeting with staff 11:30 am Meeting with staff 12:00 pm Speaking engagement, SEC Roundtable on Mentorship at the SEC 1:30 pm Meeting with Susquehanna International Group, LLC, including: Jeff Yass, Managing Director; and Brian Sopinsky, Secretary 2:00 pm Speaking engagement, SEC 85th Anniversary 3:00 pm Meeting with Commissioner 4:00 pm Speaking engagement, SEC Historical Society Roundtable with former SEC Chairs, including: David Ruder; Richard Breeden; Arthur Levitt; Harvey Pitt; Christopher Cox; Mary Schapiro; Elisse Walter; and Mary Jo White 5:30 pm Speaking engagement, SEC Historical Society Dinner Tuesday, June 4, 2019 11:00 am Speaking engagement, SEC Mid-Atlantic Regional Conference 12:00 pm Meeting with Robert Hur, U.S. Attorney, District of Maryland; William McSwain, U.S. Attorney, Eastern District of Pennsylvania; and Craig Carpenito, U.S. Attorney, District of New Jersey 3:30 pm Meeting with staff 5:00 pm Meeting with Congresswoman Maxine Waters Wednesday, June 5, 2019 8:00 am Meeting with Senator Pat Toomey 10:00 am Commission Open Meeting 1:00 pm Speaking engagement, SEC Veterans Hall dedication 2:00 pm Meeting with staff 2:30 pm Meeting with staff 3:15 pm Phone call with Senator Mike Crapo 4:00 pm Meeting with staff 4:30 pm Phone call with Congressman Patrick McHenry 5:00 pm Phone call with Congresswoman Ann Wagner 5:30 pm Meeting with staff Thursday, June 6, 2019 7:25 am Interview with Andrew Sorkin, -
Chairman Mary L. Schapiro Public Calendar, 2010
Chairman Mary L. Schapiro Public Calendar 2010 Friday, January 1, 2010 SEC closed for New Year’s Day Monday, January 4, 2010 9:30 am Meeting with staff 10:30 am Meeting with staff 12:00 pm Lunch with FDIC Chairman Sheila Bair, FDIC 2:00 pm Meeting with staff 2:30 pm Meeting with Commissioner and staff 4:00 pm Meeting with staff 5:00 pm Meeting with staff Tuesday, January 5, 2010 9:30 am Meeting with staff 11:00 am Meeting with staff 1:00 pm Meeting with staff 5:00 pm Meeting with staff Wednesday, January 6, 2010 9:30 am Meeting with Commissioner and staff 12:30 pm Press interview with Marcy Gordon, Associated Press 2:30 pm Meeting with staff 3:00 pm Meeting with Commissioner and staff Thursday, January 7, 2010 9:00 am Meeting with staff 10:30 am Meeting with staff 11:00 am Meeting with staff 1:30 pm Meeting with staff 2:00 pm Closed Commission meeting Friday, January 8, 2010 10:00 am Meeting with staff 2:00 pm Meeting with Joel Seligman, President, University of Rochester Monday, January 11, 2010 9:30 am Oral argument 2:30 pm Meeting with staff 3:30 pm Meeting with staff 1 Tuesday, January 12, 2010 10:00 am Meeting with staff 2:00 pm Meeting with staff Wednesday, January 13, 2010 10:00 am Open Commission meeting 2:00 pm Meeting with Yahoo! Inc., including: Roy Bostock, Chairman, Board of Directors; Michael Callahan, General Counsel; Mindy Heppberger, Deputy General Counsel, Corporate Governance; Margaret Stewart Nagle, Director, Government Affairs 3:00 pm Stop by the Division of Enforcement’s town hall meeting 4:00 pm Meeting with staff Thursday, January 14, 2010 9:00 am Testify before the Financial Crisis Inquiry Commission on “Causes and Current State of the Financial Crisis” 1:30 pm Meeting with staff 2:00 pm Closed Commission meeting Friday, January 15, 2010 8:30 am Meeting with Inspector General 10:00 am Photo shoot with Money 11:30 am Meeting with PCAOB Acting Chairman Daniel Goelzer 1:30 pm Meeting with Commissioner 2:30 pm Meeting with Commissioner 4:00 pm Meeting with staff Monday, January 18, 2010 SEC closed for the Birthday of Martin Luther King, Jr. -
Nominations Of: Richard Cordray and Mary Jo White
S. HRG. 113–13 NOMINATIONS OF: RICHARD CORDRAY AND MARY JO WHITE HEARING BEFORE THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS UNITED STATES SENATE ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION ON NOMINATIONS OF: RICHARD CORDRAY, OF OHIO, TO BE DIRECTOR OF THE BUREAU OF CONSUMER FINANCIAL PROTECTION MARY JO WHITE, OF NEW YORK, TO BE A MEMBER OF THE SECURITIES AND EXCHANGE COMMISSION MARCH 12, 2013 Printed for the use of the Committee on Banking, Housing, and Urban Affairs ( Available at: http://www.fdsys.gov/ U.S. GOVERNMENT PRINTING OFFICE 80–698 PDF WASHINGTON : 2013 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 14:29 May 23, 2013 Jkt 048080 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 L:\HEARINGS 2013\03-12 NOMINATIONS OF CORDRAY AND WHITE\HEARING\31213.TX COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS TIM JOHNSON, South Dakota, Chairman JACK REED, Rhode Island MIKE CRAPO, Idaho CHARLES E. SCHUMER, New York RICHARD C. SHELBY, Alabama ROBERT MENENDEZ, New Jersey BOB CORKER, Tennessee SHERROD BROWN, Ohio DAVID VITTER, Louisiana JON TESTER, Montana MIKE JOHANNS, Nebraska MARK R. WARNER, Virginia PATRICK J. TOOMEY, Pennsylvania JEFF MERKLEY, Oregon MARK KIRK, Illinois KAY HAGAN, North Carolina JERRY MORAN, Kansas JOE MANCHIN III, West Virginia TOM COBURN, Oklahoma ELIZABETH WARREN, Massachusetts DEAN HELLER, Nevada HEIDI HEITKAMP, North Dakota -
Chair Mary Jo White, April 10, 2013 to December 31, 2013
Chair Mary Jo White Public Calendar April 10, 2013 to December 31, 2013 Wednesday, April 10 2013 9:00 am Oath of Office 10:00 am Open Commission Meeting 11:30 am Meeting with staff 12:30 pm Meeting with job applicant 1:30 pm Meeting with staff 2:30 pm Meeting with staff 3:30 pm Meeting with staff 4:00 pm Meeting with staff 4:30 pm Meeting with staff Thursday, April 11 2013 9:00 am Meeting with staff 9:30 am Meeting with staff 10:00 am Meeting with staff 11:30 am Meeting with Commissioner Parades 12:30 pm Meeting with Commissioner Gallagher 1:40 pm Meeting with staff 2:00 pm Closed Commission Meeting 3:30 pm Meeting with staff 4:00 pm Meeting with staff Friday, April 12 2013 9:00 am Meeting with staff 10:00 am Meeting with Commissioner Walter and staff 10:30 am Swearing‐in Ceremony 12:00 pm Meeting with Russell Golden, Chair, Financial Accounting Standards Board (FASB) 1:00 pm Meeting with staff Monday, April 15 2013 9:30 am Meeting with staff 10:30 am Meeting with staff 11:00 am Meeting with staff 1 11:15 am Phone call with staff 11:30 am Meeting with staff 12:00 pm Phone call with Jim Doty, Chairman, Public Company Accounting Oversight Board (PCAOB) 12:45 pm Phone call with staff 1:00 pm Meeting with staff 2:00 pm Meeting with staff 3:00 pm Meeting with staff 4:00 pm Meeting with staff 4:30 pm Meeting with staff 5:00 pm Meeting with staff 5:05 pm Phone call with Gary Gensler, Chairman, Commodity Futures Trading Commission (CFTC) 5:45 pm Phone call with Congressman Scott Garrett Tuesday, April 16 2013 9:00 am Meeting with staff 10:00 -
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. -
Harvey L. Pitt Receives William O. Douglas Award at 2011 Annual
July 2011 News Association of Securities and Exchange Commission Alumni, Inc. For and About SEC Alumni Harvey L. Pitt Receives William O. Douglas Award President’s Message Thank you all for another successful year at 2011 Annual Dinner for ASECA. Our annual dinner on February 4, 2011 was a terrific evening at which we had More than 750 SEC alumni, the opportunity to visit with SEC alumni, staff practitioners, industry officials, and friends and to present the 2011 William O. and SEC staff attended the Douglas award to Harvey Pitt. Harvey had two Nineteenth Annual ASECA distinguished careers at the SEC--first as a staff Dinner on February 4, 2011. As member and the agency’s youngest General in past years, the event was held Counsel and then as Chairman of the agency at the Ronald Reagan Building during 9/11 and following the corporate and and International Trade Center accounting crises of the 1990s. A copy of Harvey’s in Washington, D.C. in con- remarks is available on page 5 of this newsletter junction with the annual PLI as well as on the ASECA website. SEC Chairman Mary Schapiro, who was recipient of the 2008 program, “SEC Speaks.” William O. Douglas award, introduced Harvey, and Rick Ketchum, Chairman and CEO of FINRA and The evening began with opening recipient of the 2009 William O. Douglas award, remarks by ASECA President gave a toast to the SEC. ASECA President Amy Goodman presents the Amy Goodman, followed by William O. Douglas Award to Harvey Pitt. a toast to the SEC given by Another important aspect of the dinner is the Richard G. -
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. -
The Honorable Mary Jo White, Chairman Securities and Exchange Commission ______
The Economic Club of New York 438th Meeting 107th Year ___________________________________ The Honorable Mary Jo White, Chairman Securities and Exchange Commission ____________________________________ June 20, 2014 Questioners: Floyd Norris Chief Financial Correspondent The New York Times Glenn Hutchins Co-founder, Silver Lake Partners The Economic Club of New York – Honorable Mary Jo White – June 20, 2014 Page 1 Introduction William Dudley I’m Bill Dudley. I’m Vice-Chair of the Economic Club of New York and also President of the Federal Reserve Bank of New York. I want to welcome everybody to the 438th meeting of the club in our 107th year. The Economic Club of New York is the nation’s leading nonpartisan forum for economic policy speeches. More than 1,000 speakers have appeared before the club and this has established a very strong tradition of excellence. I’d like to recognize the 214 members of the Centennial Society who have contributed to ensure a sound future for the club. And I’d like to welcome the students here today from Brooklyn College and Law School, Columbia University Business School, NYU Law School, Fordham, and The New School. Their attendance is made possible by our members. We’re honored today to hear from Mary Jo White, Chair of the Securities and Exchange Commission. I, for one, am very happy to see that she’s at the SEC performing so ably and leading that institution. Chair White arrived at the SEC in April last year with decades of experience as a federal prosecutor and securities lawyer. As a U.S. -
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. -
SRI Instructions
DAVID M. BECKER returned to the Securities and Exchange Commission in February 2009 as General Counsel and Senior Policy Director to serve as the Commission’s chief legal officer with additional responsibility for coordinating development and implementation of Commission policies. Mr. Becker previously served as SEC General Counsel from January 2000 to May 2002 after joining the SEC staff as Deputy General Counsel in 1998. Prior to returning to the SEC in 2009, Mr. Becker was a partner at Cleary, Gottlieb, Steen & Hamilton in Washington, DC. Before joining the SEC staff in 1998, he was a partner at the Washington, DC law firm of Wilmer, Cutler & Pickering. In private practice, he specialized principally in securities enforcement and litigation. Mr. Becker began his legal career as law clerk to Judge Harold Leventhal of the Court of Appeals for the District of Columbia and for Associate Justice (Retired) Stanley Reed of the Supreme Court. He is a graduate of Columbia College and Columbia Law School, where he was editor-in-chief of the Columbia Law Review. LYDIA I. BEEBE is corporate secretary and chief governance officer of Chevron Corporation. During her 15 years as a corporate officer, serving as secretary to the Board of Directors, the Executive Committee and the Board Nominating and Governance Committee, Ms. Beebe has provided advice and counsel to the board of directors and senior management on corporate governance matters and managed the Company’s Corporate Governance function. She also serves on the Chevron Employees Political Action Committee board of directors and represents the company in many civic activities.