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IRS extends favorable stock dividends guidance to RICS
- Morrison & Foerster LLP
- -
- USA
- -
- January 16 2009
In December 2008, the Internal Revenue Service (the “IRS”) issued Revenue Procedure 2008-68, providing temporary guidance regarding certain stock distributions by publicly traded real estate investment trusts (“REITs”
SEC releases final rule on enhanced disclosure and prospectus delivery for mutual funds and exchange-traded funds
- Katten Muchin Rosenman LLP
- -
- USA
- -
- January 16 2009
On January 13, the Securities and Exchange Commission issued a release setting forth the adoption of amendments to Form N-1A and new measures for the satisfaction of prospectus delivery obligations by mutual funds and exchange-traded funds
Failure to timely file SEC reports is not a default under certain indenture reporting covenants
- White & Case LLP
- -
- USA
- -
- January 13 2009
Companies that have issued or plan to issue debt securities are facing an unusual confluence of circumstances: a severely discounted secondary debt market combined with an increasing level of internal corporate investigation activity resulting from, among other things, requirements imposed by the Sarbanes-Oxley Act
Cornerstone Report: securities class action filings soar in 2008 due to an increase in filings against financial services firms
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 15 2009
Cornerstone Research, in cooperation with Stanford Law School's Securities Class Action Clearinghouse, recently released its report on federal securities class action filings in 2008
Massachusetts brings enforcement action against Reserve Fund
- Alston & Bird LLP
- -
- USA
- -
- January 14 2009
Yesterday, the Enforcement Section of the Massachusetts Securities Division of the Office of the Secretary of the Commonwealth filed an enforcement action against multiple parties affiliated with the Reserve Primary Fund (the "Fund") in connection the Fund “breaking the buck” in September of last year
Synthetic annuities in today’s market
- Jorden Burt LLP
- -
- USA
- -
- December 31 2008
Two realities may be combining to increase the level of public receptivity to annuitization in the form of a guaranteed stream of income over either a stipulated period or life
The Eleventh Circuit requires members of a Section 13(d)(3) group to individually have beneficial ownership
- Alston & Bird LLP
- -
- USA
- -
- January 13 2009
The Eleventh Circuit recently addressed an issue of first impression in this circuit regarding whether individuals or entities without a beneficial ownership interest in a company's securities can be members of a “group” within the meaning of Section 13(d)(3) of the Securities and Exchange Act of 1934 (“Exchange Act”
IRS clarifies uncertain tax consequences resulting from failed auctions of auction rate securities
- Loeb & Loeb LLP
- -
- USA
- -
- December 20 2008
Auction rate securities have been popular finance vehicles, especially among municipalities and other governmental agencies, although they were issued by commercial firms as well
Ninth Circuit holds that Section 304 of the Sarbanes Oxley Act does not provide litigants with a private right of action
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- January 6 2009
In In re Digimarc Corporation Derivative Litigation, 2008 WL 5171347 (9th Cir. Dec. 11, 2008), the United States Court of Appeals for the Ninth Circuit held that Section 304 of the Sarbanes-Oxley Act (15 U.S.C. 7243), which provides for the forfeiture of certain bonuses and profits when corporate officers fail to comply with securities law reporting requirements, does not create a private right of action
Supreme Court scheduled to hear appeal of Jones v. Harris Associates excessive fee opinion
- Drinker Biddle & Reath LLP
- -
- USA
- -
- May 4 2009
The U.S. Supreme Court granted certiorari March 9, 2009, agreeing to hear plaintiffs’ appeal of the Seventh Circuit’s Jones v. Harris Associates opinion, which rejected the Gartenberg v. Merrill Lynch Asset Management standard by which courts have judged the “reasonableness” of mutual fund investment advisers’ fees for nearly 30 years
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