Web Watch: Best Blog Posts and Columns For the Week Ending Dec. 4

Here is the weekly summary for Securities Docket’s Web Watch (”This Week’s Best Blog Posts and Columns”):

  • The HLS CORP. GOV. BLOG (DEC. 5, 2008): New York Court Rejects Shareholder Challenge to JPMorgan Rescue of Bear Stearns
    Wachtell lawyers write that the decision is a strong endorsement of the protections that the business judgment rule affords to directors faced with the challenges posed by the ongoing credit crisis.
  • THE D&O DIARY (Dec. 4, 2008): Dismissal Denied in New Century Subprime Lawsuit
    Analyzing the C.D. Cal.’s denial of motions to dismiss in the New Century Financial Corporation subprime securities class action lawsuit.
  • THE 10B-5 DAILY (Dec. 4, 2008): Definite Maybe
    The 9th Cir.’s Glazer Capital Management LP v. Magistri includes new law (sort of) on the issues of collective scienter, SOX certifications, and profit motive.
  • SEC ACTIONS (Dec. 4, 2008): The Second Circuit’s “Foreign-Cubed” Decision AppliedThe SDNY follows and applies the teachings of the Second Circuit’s first “foreign-cubed” decision, Morrison v. National Australia Bank, Ltd.
  • THE FCPA BLOG (Dec. 4, 2008): Hired Guns and the FCPA
    Should the FCPA ban payments to local security forces for the protection of company people and property?
  • DOUGLAS R. JENSEN, LAW.COM (DEC. 2, 2008): Bringing ‘Foreign-Cubed’ Actions in American Courts
    Can a securities fraud complaint brought by foreign plaintiffs against foreign issuers based on foreign stock purchases be heard by a U.S. federal court? Under the right circumstances, yes.
  • THE D&O DIARY (Dec. 1, 2008): Subprime Litigation Targets: Rating Agencies, Auditing Firms?
    The subprime scapegoats include the usual suspects, but many aggrieved parties also seem particularly keen to lay blame on the rating agencies.
  • THE D&O DIARY (Dec. 1, 2008): Ninth Circuit Rejects Securities Case Based on FCPA DisclosuresDiscussion of a Ninth Circuit opinion noteworthy not only for the involvement of FCPA-related allegations, but also for the court’s consideration of “collective scienter” and Sarbanes-Oxley certification issues.
  • IDEOBLOG (Dec. 1, 2008): Is Fuld the Next Loser of the Corporate Crime Lottery?
    Speculating that although it would be a mistake, today’s NY Magazine article brings Fuld’s prosecution closer.
  • SEC ACTIONS (Dec. 1, 2008): Pleading Scienter In The Ninth Circuit: The Collective Pleading Doctrine, SOX Certifications, and DOJ/SEC Settlement Documents
    Discussing the Ninth Circuit’s three significant rulings under the PSLRA in Glazer Capital Management, LP v. Sergio Magistri