Here is the weekly summary for Securities Docket’s Web Watch (”This Week’s Best Blog Posts and Columns”):
- COMPLIANCE BUILDING (April 24, 2009): Failure to Conduct Diligence Can Lead to SEC Sanctions
If you advertise that you have due diligence process, you had better follow that process. The SEC brought an administrative proceeding against an investment adviser for failing to follow its advertised due diligence program. - JAMES BANDLER AND NICHOLAS VARCHAVER, FORTUNE (April 24, 2009): How Bernie Did It
Madoff is behind bars and isn’t talking. But a Fortune investigation uncovers secrets of his massive swindle. - THE 10B-5 DAILY (APRIL 23, 2009): The Only Crap Game In Town
Senior District Judge Milton Shadur has a colorful history when it comes to applying the PSLRA’s lead plaintiff/lead counsel provisions. It just got a bit more colorful with his decision in Gorham v. General Growth Properties. - THE FILING CABINET (April 22, 2009): Decision Shows Importance of Proper Upjohn Warnings
A recent decision serves as a reminder to company counsel of the importance of providing adequate corporate Miranda warnings, also known as “Upjohn” warnings, to witnesses during internal investigations. - PORTFOLIO (April 21, 2009): Confessions of a Bailout CEO Wife
Forget the opera. Cancel dinner at Bouley. How life has changed since my CEO husband went on the government dole. - THE FCPA BLOG (April 21, 2009): In Step With The DOJ
What does it mean to “cooperate with the government” after discovering serious Foreign Corrupt Practices Act compliance problems? There’s a description of organizational cooperation in a recent sentencing memo filed by the DOJ. - DELAWARE CORP. AND COMM. LITIGATION LIT. BLOG (April 21, 2009): Who Will Fill Vacancy on the Delaware Chancery Court?
The leading contenders for who might become the newest member of Delaware’s equity bench. - CHUCK JAFFE, MARKETWATCH (April 20, 2009): Lawsuits to Recover Mutual Fund Losses are Rarely Successful
Investors frustrated by losses in their mutual funds always hope to get a pound of flesh back from the fund managers. Alas, suing funds and fund managers typically has brought less than an ounce of flesh, if anything.
