September 10, 2004

Sept-Oct Issue of “The Corporate

As we believe that this issue of The Corporate Counsel is unique – and can make a difference, the Sept-Oct issue has just been posted on the lower left side of the home page, in a publicly accessible section of – we provide a html version and a PDF version. This issue contains the last 5 steps of our 12 steps to responsible compensation practices, finishing up what was started in the May-June issue (which also is still available on the site on a complimentary basis).

Note that both of these issues contain links are to materials and memos that can only be accessed by those that sign up for the October 20 Major Compensation Conference. Register now and gain immediate access!

SEC Begins to Post Amicus Curiae Briefs

I could be wrong, but I believe that the SEC just starting posting amicus curiae briefs on its “Briefs” web page. Anyways, there are two recent 2nd Circuit ones posted now: one JP Morgan Chase brief addressing whether the lengthened statute of limitations in Section 804 applies to actions brought after the enactment of Sarbanes-Oxley for claims that had already lapsed under the previous limitations period – and the WorldCom brief that addresses whether the fraud-on-the-market presumption of reliance is applicable to analysts’ public material misreresentations.

The “J” Code Can Kill Ya

Alan Dye has some nice analysis in his Blog this week, responding to the Tuesday WSJ article regarding exchange funds. He notes that in his model form on exchange funds (Model Form 157 in the Romeo & Dye Section 16 Handbook, posted on that he advocated using code “S” – but drew a little resistance when he first made that recommendation, proving the benefit of being candid in reporting insiders’ transactions.