January 3, 2012

Dave & Marty on Cybersecurity, SLB 14F and Bruce Springsteen

In this podcast, Dave Lynn and Marty Dunn engage in a lively discussion of the latest developments in securities laws, corporate governance, and pop culture. Topics include:

– The SEC’s cybersecurity disclosure guidance
– Staff Legal Bulletin No. 14F
– Dave’s and Marty’s views on Springsteen

This blog by Mark Suster – of “Both Sides of the Table” fame – is a great read on how to start the new year. It doesn’t even mention the term “resolution” – but it does provide some insight into how one might live their life.

Judge Rakoff Getting Testy Over SEC-Citigroup Case

As noted in this NY Times article on Friday, “Judge Jed Rakoff of the Federal District Court in Manhattan issued a supplemental order saying that the SEC appeared to file a “materially misleading” request with the Court of Appeals for the Second Circuit earlier this week, when the commission sought an emergency halt to further proceedings in the case.”

Before then, as noted in this blog by David Smyth, the US Court of Appeals in Manhattan had agreed to the SEC’s request to delay the Citigroup settlement case until at least January 17th. This is the latest SEC settlement that Judge Rakoff has objected to – and he had set on a path of an accelerated timeline. As noted in this Bloomberg BusinessWeek article, Rakoff has now ordered the SEC and Citigroup to file with everything they file with the Second Circuit also with him. This case is getting quite nasty.

Even before all this, in this article from the Atlantic, Rakoff gave this lengthy interview to Howard Fineman in the Huffington Post. The Atlantic article does a good job of analyzing some of Judge Rakoff’s critical comments about the SEC.

Meanwhile, a Wisconsin judge has questioned whether the SEC has sufficiently clawed back money for the relevant period under a different set of circumstances, as noted in this Bloomberg article.

Our January Eminders is Posted!

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– Broc Romanek