by wittenberglaw | Apr 1, 2010 | w-law-blog
On March 30, 2010, the U.S. Supreme Court considered the question of what a mutual fund shareholder must prove in order to show that a mutual fund investment adviser breached the “fiduciary duty with respect to the receipt of compensation for services” that is imposed...
by wittenberglaw | Mar 16, 2010 | w-law-blog
Due diligence is often thought of as something an investor does prior to making an investment. The story below illustrates that due diligence must be done periodically through the life of the investment. Even though a hedge fund manager may act with fraudulent intent,...
by wittenberglaw | Mar 10, 2010 | w-law-blog
On February 24, 2010, the Securities and Exchange Commission (SEC) adopted amendments to Regulation SHO under the Securities Exchange Act of 1934. The new short sale rule is designed as a circuit breaker that is triggered if the price of a covered security decreases...
by wittenberglaw | Mar 10, 2010 | w-law-blog
According to the Securities and Exchange Commission (SEC) Chairwoman, Mary Schapiro, the SEC certainly is becoming meaner and leaner. On February 5, 2010, Schapiro gave a speech entitled “Looking Ahead and Moving Forward.” In her speech, she highlighted...
by wittenberglaw | Mar 10, 2010 | w-law-blog
On March 9, 2010, the Securities and Exchange Commission (SEC) filed a complaint against Presstek Inc. (trading symbol “PRST”) and its former president and CEO, Edward Marino. The SEC alleged that Marino aided and abetted Presstek’s violation of...
by wittenberglaw | Mar 8, 2010 | w-law-blog
On March 3, 2010, the Securities and Exchange Commission (“SEC”) filed a complaint against Mitchell, Porter & Williams, Inc. (“MPW”), its principal, Thomas L. Mitchell, a Los Angeles resident, as well as a California trust and Nevada...
