Sales Practices, solicitations, advertising regulations adopted By John M. Baker, Esq. The Office of the Comptroller of the Currency has posted the final version of consumer-protection regulations adopted by the OCC, FDIC, OTS, and Federal Reserve under the Gramm-Leach-Bliley Act. The regulations apply to retail sales practices, solicitations, advertising, and […]
Investors
Spring Street Paves the Way – Internet Offerings
IN JULY’S COLUMN, WE ADDRESSED THE “INTERNET OFFERING,” a public securities offering on the Internet usually conducted by the issuer without using an underwriter. Since then, broker/dealers and issuers have begun using the Internet in connection with Regulation A offerings as well as traditional IPOs. In the past few months, no […]
SEC’s Cheap Shot at Martha Stewart
Again. The Abuse of Power. The second part of the story is undoubted of more interest to securities lawyers, judges, and law professors, but the rest of you should continue reading. Government abuse is a topic that affects all of us and unfortunately happens too often. The abuse involves quests […]
10b5-1 Plans- Insider Trading Defense
What they are, how they work, and when they do not work. By Mark J. Astarita, Esq. 10b5-1 Plans- seclaw.com/glossary/insider-trading/” data-gt-translate-attributes='[{“attribute”:”data-cmtooltip”, “format”:”html”}]’>Insider Trading Defense As executive compensation becomes increasingly based on stock options, more and more executives find themselves in an insider trading quagmire when they attempt to sell their securities for […]
Promissory Note Fraud
NASDR Warns Investors and Brokers of Promissory Note Fraud Schemes. Investors Beware. By Mark J. Astarita, Esq. The NASD has issued a regulatory alert to broker-dealers regarding the significant number of fraudulent promissory note schemes that have been offered to investors and to remind members and registered persons of the […]
SEC Inspection Report on the Soft Dollar Practices
Soft Dollar Arrangements are agreements between broker-dealers and their clients where the broker-dealer provides, in addition to other services, research to the client, in addition to execution services. The research, which includes reports, access to analysts, or third party reports is provided to the client by the broker-dealer at the […]
Customer Pays Fidelity Full Damages on ACAT Transfer Error
Panel awards Fidelity Brokerage Full Damages on Mistaken ACAT Transfer FIDELITY BROKERAGE SERVICES, INC. v. LaVALLIE, NASD ID # 99-03918 (New York, 8/22/03). A customer who wrongly retained an over delivery of securities is held liable for the consequences, in spite of the broker-dealer’s error. Fidelity made a mistake when […]
Customer Ratifies Unauthorized trades
Ratifies Unauthorized Transactions by Failure to Object John Dawson & Associates, NDIll Bankruptcy Court John Dawson & Assoc., Inc., In Re, Adversary No. 99 A 00536 (N.D. Ill. Bankr., 1/16/03). Bankruptcy/Insolvency Issues * Ratification * seclaw.com/glossary/unauthorized-trading/” data-gt-translate-attributes='[{“attribute”:”data-cmtooltip”, “format”:”html”}]’>Unauthorized Trading * Statutory Definitions (“Conversion”) * SIPA. SIPC claim is disallowed due to ratification […]
The Story of Martha and The Telephone Call
Proving Aesop Right Once Again – We Often Give Our Enemies the Means of Our Own Destruction By Mark J. Astarita, Esq. Avoid a remedy that is worse than the disease. We had better bear our troubles bravely than try to escape them We often give our enemies the means for […]
SEC Concern Over Margin, Whisper Numbers
Analysts, Margin, Chat Rooms Come into Focus, But is the Focus Correct? By Mark J. Astarita, Esq. While many analysts and brokers ponder how much higher the market can go, and some industry professionals continue to call for the bursting of the bubble, Securities and Exchange Commission Chairman Arthur Levitt […]
