Securities Law Blog

Overstock.com Litigation Analysis 2009-2010

Wednesday, November 4, 2009 by Howard B. Sirota

Overstock.com  Litigation  Analysis 2009-2010

 

Overstock.com’s pending litigation portfolio may have a material financial effect upon the Company’s financial statements for 2009-2010 with a scheduled February 9, 2010 jury trial of the claims by Overstock.com... Read More

Posted at 10:42 AM  |  PERMALINK
Topic: Securities

How To Protect Public Investors In America

Tuesday, October 20, 2009 by Howard B. Sirota

Here are ten ways to protect public investors in America:

1. End the practice of SEC and FINRA to permit settling defendants to deny the settled allegations in subsequent civil litigation by public investor victims, thus giving the investors collateral estoppel as a matter of law. The present practice is the defendant neither admits nor denies the allegations, but is barred from denying the allegations in any forum except the one where it counts...in court. While this may... Read More

Posted at 10:29 AM  |  PERMALINK
Topic: Securities

How To Avoid Stock Market Frauds

Wednesday, September 30, 2009 by Howard B. Sirota

How To Avoid Stock Market FraudsStock market fraud is rampant throughout history and widespread today. There is no magic bullet to avoid becoming a victim of stock market fraud, because frauds are committed by the "brand name" investment banks and "prestigious" public companies. A number of the... Read More
Posted at 10:10 AM  |  PERMALINK
Topic: Securities

From the Subprime Mortgage Markets' Collapse to the Credit Markets' Implosion and Beyond: Identifying and Putting the Pieces of the Puzzle into Place (Part Two)

Tuesday, December 23, 2008 by Michael E. Clark

While obtaining a solid understanding of the theories of legal liability and issues tied to the recent broad credit market collapse is hard, these blogs may help. In writing these blogs, I draw upon my prior experience as a federal prosecutor who faced similar issues in handling and supervising bank fraud cases in Texas (where not only did the vast majority of savings institutions fail, but some did multiple times).... Read More
Posted at 19:28 PM  |  PERMALINK
Topic: Securities

From the Subprime Mortgage Markets' Collapse to the Credit Markets Implosion' and Beyond: Identifying and Putting the Pieces of the Puzzle into Place (Part One)

Tuesday, October 21, 2008 by Michael E. Clark

This is part one of a series of related blogs that examines the credit market problems now being experienced in part because of the implosion of the subprime markets.  It builds upon and adds to my prior blogs which focused on the subprime market problems and related issues. In upcoming blogs, I plan to refocus on some of the theories being asserted for damages by private plaintiffs and government entities in suits and actions against various party defendants, address some of the defenses b... Read More
Posted at 13:55 PM  |  PERMALINK
Topic: Securities

Subprime Mortgages and Theories of Liability-Deja Vu (Part Four)

Friday, August 22, 2008 by Michael E. Clark

This part (Part Four) of the series provides links to and summarizes some of the more interesting observations made by made by leading commenators about various aspects of the subprime market collapse and related issues.

... Read More
Posted at 10:15 AM  |  PERMALINK
Topic: Securities

Subprime Mortgages and Theories of Liability--Deja Vu? (Part Three)

Wednesday, August 6, 2008 by Michael E. Clark

Part Three addresses the heightened pleading requirements for falsity and scienter imposed by the Private Securities Litigation Reform Act of 1995 (PLSRA) and the impact of caselaw interpreting these provisions that make it very hard for class action plaintiffs to successfully establish secondary liability of defendants.

... Read More
Posted at 11:47 AM  |  PERMALINK
Topic: Securities

Subprime Mortgages and Theories of Liability--Deja Vu? (Part Two)

Monday, August 4, 2008 by Michael E. Clark

Part Two of this series examines some cases, issues, and theories of liability that plaintiffs and regulators are relying upon to establish the civil and criminal liability of the defendants in various suits for damages sustained in connection with the implosion of the subprime mortgage market.... Read More
Posted at 18:38 PM  |  PERMALINK
Topic: Securities

Subprime Mortgages and Theories of Liability--Deja Vu? (Part One)

Saturday, August 2, 2008 by Michael E. Clark

This is Part One of a series in which I will examine the various issues, theories, and contours of the subprime mortgage scandal that has led to more than 100 securities fraud class actions being filed, and mounting financial losses that have spread into other segments of the marketplace, causing major lenders and brokers to suffer billions in losses.... Read More
Posted at 16:19 PM  |  PERMALINK
Topic: Securities

The FCPA Needs More Regulatory Clarifications for Businesses

Sunday, February 3, 2008 by Michael E. Clark

This short article explains why safe harbors need to be made specifically available to the FCPA through regulation so that businesses can modify their conduct to avoid inadvertently violating the provisions of this far reaching statute.... Read More
Posted at 14:36 PM  |  PERMALINK
Topic: Securities
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