Download PDF Tyler Kirk† Introductory Note The appropriate role of the fiduciary standard in the financial industry has garnered a […]
Download PDF Matthew Kluchenek† I. Introduction Among all the U.S. regulators interested in regulating Bitcoin and virtual currencies, the Commodity Futures
Download PDF Benjamin Lo† Introductory Note In 2008, the Securities and Exchange Commission made waves by deciding to regulate the
James W. Giddens: A significant portion of the failure that fueled the 2008 financial crisis has been attributed to a systemic lapse in senior executive oversight at the major financial institutions. Notwithstanding this failure, these executives have not been held personal liable for their “King Henry moments,” instances where senior executives have allegedly been aware of, or turned a blind eye to, questionable acts that occurred on their watch—often for the executives’ own personal benefit. This Article outlines the current state of the law governing senior executive liability, summarizes recent headline events in the financial industry, and provides a series of recommendations for proportionate reforms to correct current incentive imbalances in the financial industry.
William D. Roth: In response to a 2011 Supreme Court ruling that restricted the use of Section 10(b) of the 1934 Act as a cause of action for fraud, SEC Chair Mary Jo White expressed in 2014 her agency’s intent to use Section 20(b) to litigate cases where Section 10(b) would no longer be viable. This Article assesses whether Section 20(b) can be an effective litigation tool for the SEC and private plaintiffs by dissecting the provision’s function and purpose, and by delving into its relevant legal doctrinal questions.
Download PDF Andrew J. Morris* I. Introduction In 2002, a wave of high-profile accounting scandals led Congress to pass the
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