Securities & Exchange Commission (SEC)

Securities & Exchange Commission (SEC)

Arthur H. Aufses III, Alan R. Friedman, Stephen M. Sinaiko, Matan A. Koch | Kramer Levin Naftalis & Frankel LLP

Over 15 years ago, in Central Bank of Denver, N.A. v. First Interstate Bank of Denver, N.A. , 511 U.S. 164 (1994), the Supreme Court held that Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5 do not permit private civil plaintiffs to recover on an aiding and abetting theory....

Bankruptcy & Restructuring

David S. Katz, Marc Abrams | Willkie Farr & Gallagher LLP

On July 6, 2011, the FDIC issued a final rule (the "Final Rule") to implement certain provisions of its orderly liquidation authority to resolve covered financial companies (including nonbank financial companies) under Title II of the Dodd-Frank Act. The Final Rule is a culmination of...

Securities & Exchange Commission (SEC)

Corporate Counsel Business Journal

Editor's Note: The following extracts from the DC Circuit's decision evidence its concern that regulatory bodies base their rules on a careful and well-documented justification. With a large number of rules expected to be issued by federal regulatory agencies (including under Dodd-Frank...