Archive for May, 2016

SEC DISGORGEMENT ORDERS AND DECLARATORY RELIEF ARE TIME-BARRED, THE ELEVENTH CIRCUIT HOLDS

  • May 27th, 2016
  • Russell Weigel
  • Comments Off on SEC DISGORGEMENT ORDERS AND DECLARATORY RELIEF ARE TIME-BARRED, THE ELEVENTH CIRCUIT HOLDS

In a first-of-its-kind case on the issues of disgorgement and declaratory relief, an appellate court upheld a federal district court decision throwing out a SEC enforcement case. The Eleventh Circuit Court of Appeals affirmed the district court on the grounds…

REIGNING IN THE 3(A)(10) DEBT-SWAP INDUSTRY – PART ONE

  • May 25th, 2016
  • Russell Weigel
  • Comments Off on REIGNING IN THE 3(A)(10) DEBT-SWAP INDUSTRY – PART ONE

Under current federal securities statutes, few categories of transactions permit free trading or unrestricted stock to be issued and immediately resold into the public market without the transaction being subjected to the expense and delay associated with the filing of…