The Economist, the appropriate legalization of the drugs trade is the only way to resolve its growth and the criminality associated with it.Onésimo Alvarez-MoroSee article:Prohibition has failed; legalisation is the least bad solutionA HUNDRED years ago a group of foreign diplomats gathered in Shanghai for the first-ever international effort to ban trade in a narcotic drug. On February 26th 1909 they agreed to set up the International Opium Commission—just a few decades after Britain had fought a war with China to assert its right to peddle the stuff. Many other bans of mood-altering drugs have followed. In 1998 the UN General Assembly committed member countries to achieving a “drug-free world” and to “eliminating or significantly reducing” the production of opium, cocaine and...
Good news! It is difficult to catch insider trading. It is important that these things are taken seriously.Onésimo Alvarez-MoroSee article:The Financial Services Authority (FSA) has secured its first criminal convictions for insider dealing since its foundation in 1997.Christopher McQuoid, a solicitor, and his father-in-law, James William Melbourne were today both found guilty.They had been charged with illegally passing and receiving sensitive financial information. See full...
PwC released a report showing an increase in federal class-action shareholder lawsuits in 2007 compared to a decline in the two previous years.Shareholder lawsuits are on the increase, PwC has said.In 2007 163 cases were filed in the US, compared with 109 in 2006.That followed two years of decline, with 169 suits filed in 2005 and 206 in 2004.Of those filed in 2007 37 were subprime related, evidence of the court room impact of the credit crunch.PwC suggested such claims will surge this year: 'We will see the full fallout in 2008,' said PwC partner Grace Lamont.See full...
The implosion of Bear Stearns has left the investing public feeling as if it returned from a bad trip to the Laundromat. It seems to be missing some SOX.The Sarbanes-Oxley law, spawned by colossal corporate frauds such as Enron and WorldCom, was supposed to protect investors from similar scandal. Yet last week, as clients and lenders began yanking money out of the firm, Bear Stearns' liquidity evaporated faster than civility in Paul McCartney's divorce.Shareholder interest got torched in the fire sale to JPMorgan Chase orchestrated by the Federal Reserve. In the smoldering hole where once stood a venerable Wall Street establishment echoed the hollow phrase "run on the bank."Bear's rapid demise and the Depression-era cliché prompted immediate Enron comparisons. The Economist, an otherwise...
The peripateic Kenneth Starr today teaches constitutional law, argues cases, and has taken on the constitutionality of the PCAOB.Kenneth Starr was thrust into the limelight when he was appointed Independent Counsel investigating first Whitewater and its successor, the Monica Lewinsky affair, which led to the unsuccessful impeachment of President Bill Clinton. Starr, never comfortable in the spotlight, now lives a quieter life as dean of the Pepperdine University School of Law and of counsel to Kirkland & Ellis. Still, he can’t seem to stay away from the D.C. courts. The jurist joined the Free Enterprise Fund, a conservative think tank that filed a lawsuit challenging the constitutionality of the Public Company Accounting Oversight Board (PCAOB), a mandate of the Sarbanes-Oxley Act....
Federal intervention could put at risk a third of state's budget -- 'Overnight we would go broke.'When it comes to selling Delaware as the pre-eminent legal home for Corporate America, Supreme Court Chief Justice Myron Steele knows how to seal the deal.Last summer, the justice hosted an elegant dinner at his Kent County farm for two Australian lawyers here to learn about the latest developments in Delaware law. From the dining room in the antebellum-style home, the guests could watch horses grazing in the pasture. Two justices and a senior state leader were on hand to schmooze and extol Delaware as the Tiffany & Co. of the incorporations business.See full...
CEO compensation practices that are poorly aligned with shareholder interests remain a powerful indicator of potential securities litigation, according to a study of securities class-action litigation conducted by The Corporate Library as part of a year-end report.The report, like others conducted recently by NERA and Stanford Law School’s Securities Class Action Clearinghouse, points to another year of increased litigation in 2008 and the growing involvement of institutional investors.The study examines the second-year effectiveness of The Corporate Library's SCA Risk Ratings to identify and predict the probability of companies being hit with securities class- action suits.See full...
Corporate Governance Alert: Shareholder Lawsuit For China's Focus MediaA class action lawsuit was filed in the United States District Court for the Southern District of New York on behalf of all purchasers of securities of Focus Media (FMCN) between September 27, 2007 and November 19, 2007.The complaint charges Focus Media and some of its officers and directors with violations of the Securities Act of 1933 and the Securities Exchange Act of 1934. The complaint alleges that the company failed to disclose and misrepresented material adverse facts which were known to defendants or recklessly disregarded by them. Those include that the company had made numerous acquisitions in its Internet advertising business segment; that these acquisitions had significantly reduced gross margins in the...
La corrupción erosiona los sistemas judiciales, negando a los ciudadanos el acceso a la justicia y el derecho humano básico a un juicio imparcial y justo, o a veces, simplemente a tener un juicio, según el Informe Global de la Corrupción 2007: Corrupción en Sistemas Judiciales, cuya edición en español fue lanzada hoy por Transparency International (TI), la organización global de la sociedad civil que lidera la lucha contra la corrupción. “A fines de garantizar los derechos de todos y no sólo de los privilegiados por dinero o conexiones, la reforma judicial debería ser prioridad para los gobernantes que verdaderamente buscan disminuir la desigualdad y pobreza que azota a casi el 40 por ciento de la población en América Latina”, dijo Silke Pfeiffer, Directora para las...
En Alemania, está en contra de la ley anunciar casas de juegos. A pesar de eso, el Real Madrid piensa jugar con su camiseta normal, la que tiene su patrocinador bwin.com.Esto le traerá una multa pero, como lo pagará la patrocinadora, no hay problema.Esto es un escándalo ético y una falta de respeto a las leyes de un país. Sólo porque tiene el dinero para pagar la multa, o quién se la pague, piensa que puede ignora las leyes vigentes.El Real Madrid anda por ahí alardeando de que es más que un equipo y que es especial, etc. etc. etc. Pues parece que no. Parece que es como cualquiera que piensa porque tiene dinero puede hacer lo que quiera.¡Muy mal Real Madrid!Onésimo Alvarez-MoroVer artículo:Al Real Madrid le han prohibido jugar en Bremen con su habitual camiseta blanca,...