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Regulation, Litigation and Enforcement

Author : Michael Legg
Publisher :
Page : 263 pages
File Size : 20,50 MB
Release : 2011
Category : Actions and defenses
ISBN : 9780455229508

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While litigation is often considered a last resort for achieving regulatory objectives, its use can have significant impacts on the regulator and regulated entity, and a consequential impact on industry, government and the public. REGULATION, LITIGATION AND ENFORCEMENT examines the procedural aspects of litigation in the regulatory context from the perspective of theory, policy and practice. It considers litigation issues common to all regulatory schemes, such as investigation and information gathering powers, and criminal law aspects of regulatory litigation. The different regulatory regimes are considered together so that they can be compared and contrasted. REGULATION, LITIGATION AND ENFORCEMENT reviews the need for regulation, forms of regulation and techniques of regulation. Pre-litigation steps are covered; coercive investigatory powers examined; and the limitations imposed by privilege discussed.

Global Securities Litigation and Enforcement

Author : Pierre-Henri Conac
Publisher : Cambridge University Press
Page : 1363 pages
File Size : 11,12 MB
Release : 2019-01-03
Category : Law
ISBN : 1108577423

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Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.

Regulation Versus Litigation

Author : Daniel P. Kessler
Publisher : University of Chicago Press
Page : 344 pages
File Size : 37,28 MB
Release : 2011-02
Category : Business & Economics
ISBN : 0226432181

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The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.

A Securities Regulation, Litigation, and Enforcement Handbook

Author : Paul C. Saunders
Publisher :
Page : pages
File Size : 29,23 MB
Release : 2022-03-15
Category :
ISBN : 9781949884739

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Securities law is undeniably central to our economy and livelihood, but for many the law can be arcane and opaque. This handbook, written by a litigator who has taught securities law at two law schools, as well as at the Securities and Exchange Commission, will help to lead practitioners, law professors, law students, and even those not schooled in the law, through the maze of American securities. This handy reference text includes guidance on the registration of securities and public offerings, civil and criminal liability, the prohibition of market manipulation and insider trading, as well as the intricacies of securities litigation, class actions, and the arbitration of securities disputes. Among other subjects, it also covers the Foreign Corrupt Practices Act and the current attempts to regulate the sale of cryptocurrencies as securities.

SEC Compliance and Enforcement Answer Book 2015

Author : David M. Stuart
Publisher :
Page : 0 pages
File Size : 21,32 MB
Release : 2015-08-07
Category : Corporation law
ISBN : 9781402424717

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SEC Compliance and Enforcement Answer Book 2015 answers hundreds of real-world questions related to the nuances of unique SEC Enforcement procedure, and provides sophisticated insight on the complex and extensive body of federal securities laws. Edited by David M. Stuart (Cravath, Swaine and Moore LLP), this expert Q&A guide compiles the perspectives of leading practitioners from around the country who have previously served in the SEC Enforcement Division, many of whom were in some of the most senior positions in the Division. Leveraging the authors' experience and expertise, SEC Compliance and Enforcement Answer Book 2015 provides nuts and bolts guidance on: - Conducting an effective internal investigation - while the SEC is simultaneously investigating - Responding to SEC requests and subpoenas for documents, interviews, and testimony - Cooperating effectively with SEC staff - The Wells process, negotiating resolutions, and litigating with the SEC - The complexities that arise when criminal and international law enforcement authorities becomes involved in an SEC investigation Additionally, SEC Compliance and Enforcement Answer Book 2015 answers questions on insider trading, accounting and securities fraud, market manipulation and foreign corruption. The Q&A guide also tackles special issues related to investigations of attorneys, accountants, and those identified by whistleblowers.

Lawyers and Regulation

Author : Patrick Schmidt
Publisher : Cambridge University Press
Page : 320 pages
File Size : 22,73 MB
Release : 2005-06-23
Category : Law
ISBN : 9781139444644

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This book is a close study of lawyers who practise occupational safety and health law in the United States, using detailed interview and survey data to explore the roles that lawyers have as representatives of companies, unions, and OSHA (the Occupational Safety and Health Administration). Placed in the context of evolving understandings of regulatory politics as a problem of public-private interaction and negotiation, the book argues that lawyers adapt to multiple roles in what prove to be highly complex settings. The core chapters examine stages of the administrative process where various groups attempt to shape the immediate outcomes and the development of OSHA law. These stages include administrative rulemaking, post-rulemaking litigation of government standards, regulatory enforcement, and compliance counseling by lawyers.

The Litigation State

Author : Sean Farhang
Publisher :
Page : 302 pages
File Size : 24,95 MB
Release : 2010
Category : Law
ISBN : 9780691143811

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Examines how and why private plaintiff-driven litigation has become the dominant model for enforcing federal regulation.

Enforcement of Corporate and Securities Law

Author : Robin Hui Huang
Publisher : Cambridge University Press
Page : 553 pages
File Size : 22,12 MB
Release : 2017-09-28
Category : Law
ISBN : 1316738507

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This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 27,4 MB
Release : 2007
Category : Law
ISBN : 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Enforcement of Corporate and Securities Law

Author : Robin Hui Huang
Publisher : Cambridge University Press
Page : 553 pages
File Size : 37,91 MB
Release : 2017-09-28
Category : Business & Economics
ISBN : 1107164990

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This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.