Securities and Exchange Commission

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The current online front page of the NYT weddings section is worth a click. The head blurb leads with “Despite their differences in age . . . ” underneath a picture of a 20-something bride embracing a “groom” who appears to be about nine years old. “Differences in age,” indeed. Somebody alert Morality in Media! (Of course, when you click on the link, you learn that the real groom is 40-something. Still yucky, but not illegal.)
Our spotlighted weddings this week feature couples who are well-matched not only in age, but in accomplishments. Here they are:

1. Robyn Maslynsky and Paul Goldschmid
2. Stacy Humes-Schulz and Matthew Frazier
3. Courtney Dankworth and Russell Capone Jr.

Read more about these couples, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 7.19: Editorial Indiscretion”

Mark Cuban tongue sticking out.jpgWe previously covered the Securities and Exchange Commission’s lawsuit against Mark Cuban. Today brings some good news on that front for the billionaire businessman. From Mark Cuban’s brother, lawyer / blogger Brian Cuban:

Chief Judge Sidney Fitzwater said in a 35-page ruling released Friday that the SEC had failed to prove that Cuban, who owns the Dallas Mavericks, “undertook a duty of non-use of information required to establish liability under the misappropriation theory of insider trading.”

As the SEC has 30 days to amend the complaint, further comment by me would be inappropriate until the deadline has passed.

The complete ruling is here (PDF). Professor Stephen Bainbridge offers more detailed analysis.
SEC Dimissed Lawsuit Against Mark Cuban [The Cuban Revolution]
Mark Cuban Wins a Big Round Against SEC Insider Trading Rap [Professor Bainbridge]
SEC’s Insider Trading Suit Against Mark Cuban Is Dismissed [WSJ Law Blog]
SEC v. Cuban [PDF]
Earlier: Mark Cuban: Meet the SEC

Morning Docket 1.21.09

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* Lawyers are winning in the long rivalry between lawyers and bankers. Endless financial fraud cases make lawyers look ethical. There is another fraud charge in Philadelphia against money manager Joseph Forte. [The Philadelphia Inquirer]

* The SEC is investigating Apple’s disclosures about CEO Steve Jobs’ health, to make sure the company did not mislead investors. [Bloomberg]

* The point man for Madoff’s investor Frank DiPascali will now be the go-to guy for prosecutors investigating the scheme. [The Wall Street Journal]

* Former Enron CEO Jeff Skilling asked the 5th U.S. Circuit Court of Apeals to review his 19 convictions. [The Houston Chronicle]

* A Czech businessman settled a suit filed against him by hedge fund Omega advisors, after he alegedly bribed government officials in Azerbaijan, defrauding investors hundreds of millions. [The New York Times]

* In the aftermath of India’s Enron–the Satyam scandal, the Indian government will likely rescue Satyam’s workers from losing their jobs. [Time.com]

* SEC chairman Christopher Cox resigned in the wake of scrutiny of the SEC for failing to investigate allegations in the Madoff scandal. [The Associated Press]

New attorneys for the next administration.JPGNew lawyers to lead the nation are sending in their résumés. Already, UC Berkeley School of Law Dean Christopher Edley has received a choice position as part of Obama’s transition advisory board. (I wonder if he’s accepting resumes from his students?)

Here’s an interesting choice for Edley and the rest of the transition team that will be picking the next Solicitor General. According to the Legal Times:

No woman has ever served as solicitor general, but a number have been mentioned as candidates for the job in an Obama administration. Stanford Law School professors Kathleen Sullivan and Pamela Karlan and Harvard Law School Dean Elena Kagan are possibilities, as well as Morrison & Foerster partner Beth Brinkmann and MetLife litigation counsel Teresa Wynn Roseborough.

They could also be considered to lead of the Justice Department’s Office of Legal Counsel, which produces legal opinions on complex matters for the attorney general and the president. Lawyers who have held both positions have gone on to become Supreme Court justices. Chief Justice Charles Evans Hughes and Justices Stanley Reed and Thurgood Marshall were solicitors general. The late Chief Justice William Rehnquist and current Justice Antonin Scalia once headed the Office of Legal Counsel. That experience could come in handy should one or more Supreme Court justices step down in the next four years.

Speculation has also centered on prominent African-American attorneys who may be ready to step forward:

Valerie Jarrett (Stanford, Michigan Law): Jarrett is a longtime Obama adviser, who’s now one of three people heading his transition team. She told the WSJ that blacks won’t be pigeonholed into “historically conventional” roles, such as secretary of housing and urban development or assistant attorney general for civil rights.

Other high profile positions after the jump.

double red triangle arrows Continue reading “Legal Stars of the New Administration”

wachtell logo.jpgNot that anybody asked them, but Wachtell has decided to weigh in on the financial crisis. According to Am Law Daily, Wachtell wants short-selling to stop:

So say several memorandums penned during the past week by executive committee cochair and banking transactions rainmaker Edward Herlihy, 14-year SEC veteran and firm of counsel Theodore Levine, and associate Carmen Woo.

“In today’s markets, short sales continue to be at record levels, there are false rumors in the marketplace about the demise of financial firms, bear raids and abusive short selling are taking place, and there is significant disruption in the fair and orderly functioning of the securities markets,” said Herlihy and Levine in their first memo on September 16. “The markets are in crisis.”

Generally, we like our political power brokers to be elected or at least appointed by somebody who was elected. However, with everybody else in government waiting for Mr. Paulson to come and save America, maybe it is not a bad thing to have professional lawyers suggesting a strong course of action.

We don’t know if the SEC was listening. But we do know that Wachtell told them to ban short-selling on September 16th, and the SEC banned short-selling on September 19th. Post hoc ergo propter hoc …

Wachtell’s next gambit after the jump.

double red triangle arrows Continue reading “Is Wachtell Now A Branch Of Government?
Should They Be? “

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This installment of the wedding watch is a bit of a hodge-podge. We’ve got old people, Communism, Skadden, HLS, organized crime, a SCOTUS connection, and a midriff-baring bride. But the common thread, as always, is lawyers in love (though not necessarily with other lawyers; there’s just one dual-JD pair in this group).
Here are this week’s nominees:

1. Deborah Ellis and Hal Strelnick

2. Rachel Hershfang and Wesley Williams

3. Katherine Wagner-McCoy and Jacob Goldstein

4. Andrea Connor and Evan Hudson

More about these envy-inducing newlyweds, after the jump.

double red triangle arrows Continue reading “Legal Eagle Wedding Watch 7.27 and 8.3: Steamy August Edition”

Hillary Clinton witch Hillary Rodham Clinton Above the Law blog.jpg* Happy Birthday, Mrs. President! Scott Shrake conducts an astrological analysis of Hillary Clinton. [Huffington Post]
* Speaking of witch, is Stephen Colbert “the best-scripted candidate this side of Hillary Clinton”? [Radar Online]
* “‘Terrorism,’ Censored Legal Briefs & The Blogosphere: Awesome Together.” [Fishbowl NY]
* Lawsuit of the Day: Mom of “Let’s Go Crazy” Baby fights back. [ABC News]
* Benchslap of the Day: federal judge tells SEC lawyer, to “sit down” and “shut up.” [WSJ Law Blog]

Non-Sequiturs: 09.28.07

Chelsea Clinton Osso Bucco Nino Selimaj Above the Law blog.jpg* Ann Althouse on the Chelsea Clinton restaurant photo controversy from earlier this week: “‘We reserve the right to exercise any and all options available to us.’ What kind of crap is that?” [Althouse]
* Our apologies to Brian Dalton of Vault for the snark from earlier today. How were we to know that a New York Times reporter would screw up a quote so badly? [Void for Vagueness]
* During a little over a year at Patterson Belknap, Michael Mukasey apparently earned about $1.9 million. And he wants to be AG to a lame-duck president, for a little over a year, because… [Bloomberg News via WSJ Law Blog]
* Congratulations to Hofstra on its #1 status! (Among tier 3 and tier 4 faculties.) [TaxProf Blog]
* John Carney argues that SEC chairman Chris Cox should reject the new proposed proxy access rule, which would actually harm ordinary investors. That Carney, he’s so contrarian. [DealBreaker]
* Are you a young lawyer looking for financial advice? Check this out. [WSJ Law Blog]

* If you’re not spreading your music like herpes, then you’re just paying an extra 30 cents for the same product you’ve always been buying; as a side note, doesn’t Damon Alburn look dreamy these days? [New York Times]
* The SEC wants to be more like a friend than a parent, but watch out if you try to sneak out of the house after curfew on a school night. [FT.com via MSN]
* She may fight it until she regains her dignity writes another best seller, but chances are that I’ll get my groove back before she does. [New York Magazine’s Daily Intelligencer]
* Remember how Andrea from Beverly Hills, 90210 used her grandma’s address, and Vivian Abromowitz lived in the Slums of Beverly Hills to attend the prestigious public high school? Well, this is different. [Los Angeles Times]

Wall Street Michael Douglas Above the Law Charlie Sheen Above the Law.jpgVia our financially-minded big sibling, Dealbreaker, we just learned about an interesting (and bizarre) insider trading case. It’s about a family that set up its own hedge fund in order to trade on insider information.
And as it turns out, a friend of ours appears to be involved. From today’s CCH Wall Street:

The SEC has charged an entire family and two associates with conducting an insider trading scheme that illegally created more than $3.7 million in profits.

The Commission has charged Zvi Rosenthal of Tenafly, New Jersey, and former Vice President of Israeli-based Taro Pharmaceuticals with providing nonpublic information regarding pending FDA drug approvals and earnings statements to his sons.

The SEC has also charged the sons, Amir Rosenthal, 29, and Ayal Rosenthal, 26, both of New York, New York, and Oren Rosenthal, 31, of Los Angeles, California. It has also charged Amir Rosenthal with providing the nonpublic information to his father-in-law, Bahram Delshad, his work supervisor, Young Kim, and his best friend, David Heyman.

All of the defendants allegedly used the tip-offs to illegally trade ahead of eight Taro earnings announcements and five FDA drug approval announcements from at least 2001 through 2005, the SEC charged.

As noted by Best In Class, several of the defendants are Biglaw lawyers. Amir Rosenthal was an associate at Thacher Proffitt & Wood, where he worked in the Structured Finance Group under co-defendant Young Kim.
We don’t know Young Kim or Amir Rosenthal. But we do know Oren Rosenthal, who we can say from personal knowledge is a very nice, smart, and attractive fellow. He struck us as a truly decent person. We were shocked to see his name in the SEC press release.
(We met Oren when he was an associate in the New York office of O’Melveny & Myers; he subsequently relocated to the firm’s Los Angeles office. Oren’s bio has disappeared from the OMM website, but you can see it here via Google Cache. One irony is that Oren specialized in white collar criminal defense.)
In addition to the SEC proceedings, criminal cases have been brought by the U.S. Attorney’s Office for the Eastern District of New York. Four of the seven SEC defendants were charged criminally, and those defendants — Zvi Rosenthal, his sons Ayal and Amir (the former TPW associate), and David Heyman — have pleaded guilty.
Random factoid: Amir Rosenthal is represented in the criminal proceedings by Paul Shechtman. Schechtman is a name partner at Stillman, Friedman & Shechtman — Charles Stillman’s firm, now representing Sullivan & Cromwell in the Brokeback Lawfirm matter.
Insider Trading: It’s A Family Affair! [DealBreaker]
The “Family Business” Built on Insider Trading [Best in Class / Garden City Group]
The Family That Trades on Inside Information Together Goes to Jail Together [White Collar Crime Prof Blog]
SEC Charges Family with Insider Trading Scheme [CCH Wall Street]
Former Thacher Proffitt Associate Admits Role in Insider Trading Scheme [New York Law Journal]
SEC Charges Family-Run Hedge Fund With a $3.7 Million Insider Trading Scheme [SEC.gov]

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