In this article, Nathan Steineker analyzes how the Supreme Court’s forthcoming decision in Anderson v. Intel Corp. and the Department of Labor’s Proposed Rule may jointly reshape ERISA fiduciary standards and expand the use of alternative investments in defined contribution plans.
Robbing Peter to Pay Paul: Irving Picard’s Quest to Repay Bernie Madoff’s Victims
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review Charles Ponzi did not intend to have his name become synonymous with financial fraud; he intended to get rich quickly. While he was not the first to perpetrate such a scheme, Ponzi’s name is attached to a type of fraud in which a fund pays... Continue Reading →
Murking Dirks: Personal Benefits in Insider Trading Violations
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review The phrase “insider trading” does not have a positive connotation. Despite the lack of an express provision prohibiting trading on insider information, insider trading has long been prosecuted under anti-fraud provisions found in securities law regulations.[1] A recent focus by the U.S. Attorney for the... Continue Reading →
Confusion in Lock-Up: Irrevocable Agreements and Section 11 Claims
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review On October 6, 2014, the Supreme Court denied a writ of certiorari in Moores v. Hildes, which involved the interpretation of § 11 of the Securities Act of 1933.[1] Section 11 protects investors by requiring disclosures regarding the purchase of securities and imposing liability on... Continue Reading →
Secure Currency or Security? The SEC and Bitcoin Regulation
Author: Dan Stroh, Associate Member, University of Cincinnati Law Review The Securities and Exchange Commission (SEC) took a bold step in the regulation of virtual currencies on July 23, 2013, when it charged Trendon Shavers and his company, Bitcoin Savings and Trust (BTCST), with defrauding customers in a Ponzi scheme.[1] The defense offered by Shavers... Continue Reading →
