Showing posts with label Dodd–Frank Wall Street Reform and Consumer Protection Act. Show all posts
Showing posts with label Dodd–Frank Wall Street Reform and Consumer Protection Act. Show all posts

Friday, July 22, 2011

SECURITIES CASES INVESTOR INFORMATION

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Judge Nixes Hedge Fund's $1.6B Suit Over Goldman CDOs

A New York federal judge has thrown out a hedge fund's $1.6 billion lawsuit accusing Goldman Sachs Group Inc. of misleading it about the potential of certain collateralized debt obligations, according to an order made public Thursday.

Frank, Agencies Say Dodd-Frank Reforms Need Funding

Rep. Barney Frank, D-Mass., told his fellow lawmakers Thursday that the agencies tasked with enacting tougher regulations for big banks under the financial overhaul statute he helped create must receive adequate funding if they are to fulfill their extensive mandates.

CFTC Chair Draws Fire From Lawmakers Over Swap Regs

Lawmakers on Thursday cautioned the chairman of the U.S. Commodity Futures Trading Commission against implementing derivatives regulations that they say treat businesses and cooperatives in the agriculture and energy sectors as if they were Wall Street players.

UBS Claims Against Highland Are Too Late: NY Court

A New York state appeals court on Thursday blocked UBS AG's attempts to add fraud claims to its $686 million suit against hedge fund Highland Capital Management LP over a failed debt deal, ruling that the issues involved had already been decided.

Mass. Regulators Say RBC Improperly Sold Risky ETFs

Massachusetts securities regulators on Wednesday accused RBC Capital Markets LLC and a former representative of selling complex exchange-traded funds to clients who did not understand the products or their associated risks.

Federated Sues BofA Over $185M Countrywide Investment

Federated Investment Management Co. sued Bank of America Corp. and other financial companies in California state court Monday seeking damages over its $185 million investment in mortgage-backed securities issued by Countrywide Financial Corp., claiming a recent settlement smacks of fraud.

$132M China Expert Fraud Suit Survives Dismissal Bid

A New York federal judge on Tuesday refused to dismiss a putative shareholder class action accusing China Expert Technology Inc.'s auditing firms of abetting the company's $132 million fraud.

Drilling Co. Trustee Can Sue Shareholders: 5th Circ.

The Fifth Circuit said Thursday that Texas Wyoming Drilling Inc.'s trustee can sue former shareholders for $4 million in dividends they received during the company's insolvency, upholding a Texas bankruptcy court decision against one of the driller's targets.

2nd Circ. Denies Class Cert. Appeal In Moody's Suit

The Second Circuit on Wednesday refused to take up a challenge by a pension fund and two individuals to a New York federal court's order denying class certification in their securities fraud suit against Moody's Investors Service Inc.

J&J Says Board Not To Blame For Recalls, Corruption Claims

Johnson & Johnson responded Monday to a slew of shareholder derivative actions in New Jersey federal court with a report stating the company's board of directors did not breach its duties and ignore warning signs of product recalls and illegal kickbacks and bribes.

Cooley Bests Malpractice Suit Over Juice Co. Ownership

A California appeals court on Wednesday squashed a malpractice suit against Cooley LLP over its role in an alleged scheme to usurp the ownership of First Blush, a high-end brand of grape juice, through stock distribution.

Wells Fargo Files $239M Suit Over MBS Loan Default

Wells Fargo Bank NA sued several funds associated with defunct investment firm Babcock & Brown LP for $239 million in Texas federal court on Thursday, saying the funds breached the contract on a mortgage-backed loan secured by 14 apartment complexes.

Funds Seek To Block Dynegy's $1.7B Restructuring Plan

A group of funds hit Dynegy Inc.'s holding company with a breach of contract suit in New York, seeking to block the Houston-based energy provider from implementing a $1.7 billion restructuring plan that would allegedly undercut its ability to meet obligations detailed under a guarantee agreement.

Man Can't Duck SEC Suit Over Fake Kodak, AMR Offers

A Florida businessman lost his bid Wednesday to ditch the U.S. Securities and Exchange Commission's suit alleging he made sham multibillion-dollar offers to buy Eastman Kodak Co. and American Airlines Inc. parent company AMR Corp.

Provident Trustee, SEC Settle Ponzi Case For $2.4M

The U.S. Securities and Exchange Commission has reached a $2.4 million settlement with the receiver for defunct energy investment firm Provident Royalties LLC, which was accused of running a $485 million Ponzi scheme, according to court filings in Texas on Wednesday.

Minkow Gets 5 Years In Lennar Stock Fraud Case

Barry Minkow, the notorious former businessman who remade himself into a trusted fraud watchdog after being convicted of hustling investors, was sentenced Thursday in Florida to five years in prison for causing massive losses at one of the U.S.' biggest homebuilders.

Wall Street Ire No Reason To Convict, Ex-Sky CEO Says

A lawyer for self-described Wall Street “bad boy” Ross Mandell asked jurors in New York on Thursday not to let recession-induced rancor toward spendthrift bankers affect deliberations over whether the Sky Capital LLC founder led a $140 million stock sales fraud.

Dechert Nabs White Collar Partner From Mayer Brown

Dechert LLP said Wednesday it had snagged a former Mayer Brown LLP partner to boost its white collar and securities practice in New York.

Q&A With Fulbright & Jaworski's Linda Addison

Judge David Hittner in the Southern District of Texas is smart, works hard, knows a lot of law, reads the parties’ papers and is not afraid to rule on important issues. He also plays a mean bass guitar, says Linda Addison, a partner in the New York office of Fulbright & Jaworski LLP.

Expert Analysis

Options For Upsizing A Non-WKSI's Offering

Many companies that are not Well-Known Seasoned Issuers may be faced with shelf registration statements that are insufficient to meet current capital needs. Fortunately, options exist to upsize a non-WKSI shelf S-3 form without the need to discard the original shelf completely, say Ronald Janis, Michael Rave, Randy Rutherford and Julia Boyd of Day Pitney LLP.

Legal Industry

Pro Bono Firm Of 2011: Paul Weiss

Paul Weiss Rifkind Wharton & Garrison LLP helped convince the Obama administration to stop defending the Defense of Marriage Act earlier this year — just one of several on-the-house wins that earned the firm a spot among Law360's Pro Bono Firms of 2011.

Ropes & Gray Opens Shanghai Office

Ropes & Gray LLP said Thursday it had officially opened its new office in Shanghai, which will be led by a corporate attorney who is a partner in the firm's private equity and life sciences group.

Most Innovative Corporate Counsel

Law360 is looking for the most innovative corporate counsel, and we need your help.


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Monday, July 18, 2011

I WANTED WARREN, BUT I LIKE WHAT CORDRAY HAS DONE FOR CONSUMERS


Obama Picks Cordray for Consumer Post




President Barack Obama has chosen former Ohio Attorney GeneralRichard Cordray to lead the Consumer Financial Protection Bureau, which opens this week amid continuing political fights about its scope.
Cordray, currently the assistant director for enforcement at the bureau, will be introduced as Obama’s pick tomorrow, according to a White House statement.
“Richard Cordray has spent his career advocating for middle-class families, from his tenure as Ohio’s attorney general to his most recent role as heading up the enforcement division at the CFPB and looking out for ordinary people in our financial system,” Obama said in a statement.
After losing his bid for re-election in November, Cordray was recruited by Elizabeth Warren, the Harvard University professor who developed the idea for the new agency and was appointed by Obama last fall to set it up.
Warren’s prospects for becoming director of the bureau suffered a setback last year when Christopher Dodd, the Connecticut Democrat then in charge of the Senate Banking Committee, said she couldn’t win confirmation.
Instead, Obama named Warren assistant to the president and special adviser to the Treasury secretary. Warren, who is currently on leave, will return to Harvard in the fall, according to a person briefed on her plans.

Warren’s Support

Warren said Cordray, 52, will make “a stellar director” of the consumer bureau. “Rich has always had my strong support because he is tough and he is smart -- and that’s exactly the combination this new agency needs,” Warren said in a statement.
Cordray previously served as Ohio’s treasurer and a state representative. When he was appointed enforcement chief at the consumer bureau in December, he told The Columbus Dispatch that he was planning to run for governor in 2014.
A onetime law clerk to the U.S. Supreme Court, he has personally argued seven cases before the high court, according to his official biography. He was also a five-time winner on the quiz show “Jeopardy.”
As attorney general, he sued GMAC Mortgage LLC and its corporate parent, Ally Financial Inc., accusing them of using fraudulent affidavits in court cases over foreclosures in Ohio, according to the state’s website. His office also managed litigation against financial firms including American International Group and Bank of America Corp. (BAC)

Gap in Oversight

The consumer bureau, which is to begin formal operations on July 21, was established by the 2010 Dodd-Frank financial- regulatory overhaul to fill what lawmakers said was a gap in oversight of financial products -- such as mortgages and credit cards -- whose abuse contributed to the 2008 credit crisis.
instance.
The president’s nomination for bureau director is subject to Senate confirmation. Without a Senate-confirmed leader, the agency cannot assume certain powers conferred by Dodd-Frank, such as the supervision of non-bank firms -- payday lenders and mortgage originators, for 
Because of procedural rules, a nomination needs the support of 60 of the 100 senators to be confirmed. In May, 44 Republican senators announced they wouldn’t vote to approve any candidate to run the bureau without changes in its structure.
Senator Mitch McConnell, the Republican leader in the Senate, on Sunday reiterated his opposition to confirming anyone. Senator Richard Shelby, the top Republican on the Senate Banking Committee, insisted that “a few reasonable structural changes” must be made before a director is confirmed.

Banker Questions

Richard Hunt, president of the Consumer Bankers Association, said in a statement that Cordray should explain during his confirmation hearings how the bureau will “ensure financial-service companies can continue to provide innovative and competitive products to address consumers’ financial needs.”
Warren struck back at Republicans in her statement, saying that she has seen “a real eagerness to move forward, to work together to repair a broken credit market” in her travels around the country.
“I hope that Republicans in the Senate take notice and stop their fight to preserve a regulatory system that failed us,” Warren said.
would support Cordray. Portman, a Republican, signed the May letter. Jeffrey Sadosky, Portman’s spokesman, did not return an e-mail seeking comment.
Senator Sherrod Brown, a Democrat from Ohio, told The Columbus Dispatch, which first reported news of the nomination, that he “fully” expects the state’s other senator, Rob Portman, 

Warren’s Supporters

Warren, who previously led the congressional watchdog panel overseeing the bailout of U.S. banks, never publicly removed herself from contention for the job, and Democratic activist groups campaigned for her appointment. Stephanie Taylor, co- founder of one of those groups, the Progressive Change Campaign Committee, had argued Warren’s nomination was important to the Democratic political base.
“With her track record of standing up to Wall Street and fighting for consumers, Elizabeth Warren was the best qualified to lead this bureau that she conceived -- and we imagine Richard Cordray would agree,’ Taylor said today in an e-mail. “That said, Rich Cordray has been a strong ally of Elizabeth Warren’s and we hope he will continue her legacy of holding Wall Street accountable.”
Representative Barney Frank, who chaired the House Financial Services Committee when Dodd-Frank was passed, said Obama made “second-best appointment possible.”

Testy Hearing

Warren’s unpopularity among Republicans was on display most recently at a May 24 House hearing, when she and Representative Patrick McHenry of North Carolina argued over the truthfulness of her previous testimony and even over how long she would remain to answer lawmakers’ questions.
from Delaware, people briefed on the search said. Raj Date, the bureau’s assistant director for research, markets and regulations, was also considered for the post, a person briefed on the process said.
Several potential candidates rejected overtures about become director, including Jennifer Granholm, the former governor of Michigan, and Ted Kaufman, a former Democratic senator 
To contact the reporter on this story: Carter Dougherty in Washington atcdougherty6@bloomberg.net
To contact the editor responsible for this story: Lawrence Roberts at lroberts13@bloomberg.net
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