"Fraud in Markup: An Unusual SEC Decision," The Review of Securities & Commodities Regulation.
(co-authored with Timothy H. Irons) - The Global Warming Solutions Act of 2006 (AB 32) introduced new statewide goals for reducing greenhouse gas (GHG) emissions. The following year, Senator Robert Dutton’s lesser-known GHG bill SB 97 was passed. SB 97 does two things -- it directs the Office of Planning and Research (OPR) to develop guidelines for reducing or eliminating GHG emissions and protects infrastructure projects funded by voter-approved bonds from legal attack based on noncompliance with AB 32. Although the AB 32 exemption provided by SB 97 expires Jan. 1, 2010, the guidelines prepared by OPR and adopted by the state Resources Agency may pose significant, long-lasting changes to the environmental review and approval of projects throughout California.
SIFMA Compliance and Legal Division 40th Annual Seminar, Grande Lakes, Orlando, Florida, “Corporate Governance” Panel
Auction Rate Securities: Probes, Arbitrations and Lawsuits, SIFMA-CL 40th ANNUAL SEMINAR BROCHURE, March 30-April 2, 2008.
In 2003, the U.S. Department of Justice (“DOJ”) issued its federal prosecutors a written set of guidelines to assist them in their investigation and prosecution of white collar corporate crime. Specifically, these guidelines, issued in a document commonly known as the Thompson Memorandum, addressed the question of whether and under what circumstances Assistant U.S. Attorneys (“AUSAs”) conducting investigations into white collar crimes committed by employees and executives should bring a formal charge against the company itself. The Thompson Memo listed nine separate factors for prosecutors to evaluate when making the decision of whether or not to seek an indictment.
"Principles-based" or "rules-based," that is the question. In the last year, there has been significant debate over how regulation in the financial services industry should be patterned. The United Kingdom's Financial Services Authority has been a leader in this debate, declaring strong commitment to a principles-based system.