Article: Credit Suisse Tries to Overhaul Its Image, but Problems Remain

Article - Media

Credit Suisse Tries to Overhaul Its Image, but Problems Remain

William D. Cohan

New York Times, 23 June 2016

Wall Street’s efforts to overhaul its culture since the 2008 financial crisis that nearly bankrupted the world’s economy have not been a resounding success, despite calls by prominent regulators to stop rewarding bad behavior.

William C. Dudley, the president of the Federal Reserve Bank of New York and one of Wall Street’s most important overseers, has twice held closed-door sessions at the bank, located in downtown Manhattan, to urge top banking executives to overhaul the behavior inside their companies. His goal has been to get bankers to think about what they should do instead of what they can do and get away with.

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Filing: Anschutz Corp. v. Merrill Lynch & Co., Inc., 11-1305

Filing

Anschutz Corp. v. Merrill Lynch & Co., Inc., 11-1305

FindLaw, 14 August 2012

In a suit against Merrill Lynch and others, claiming market manipulation, fraud, control person liability, and negligent misrepresentation, district court’s judgment in favor of the defendants is affirmed where: 1) the market manipulation claims fail for the same reasons identified in Wilson v. Merrill Lynch & Co., which held that the same website disclosure at issue in this case contained sufficient information about Merrill Lynch’s support bidding practices to preclude a market manipulation claim; 2) district court properly dismissed the California Corporations Code claims as plaintiff fails to allege any injury or unlawful conduct in California; and 3) district court properly dismissed the negligent misrepresentation claims against the Rating Agency defendants as plaintiff fails to allege an actionable misrepresentation under New York law.

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Article: In Pursuit of the Naked Short by Alexis Stokes

Article - Academic

In Pursuit of the Naked Short

Alexis Stokes, Texas State University

Journal of Law and Business 5/1 (Spring 2009)

This article explores the origins of naked short-selling litigation; considers
the failures of significant naked short-selling lawsuits in federal court;
surveys the obstacles erected collectively by constitutional standing requirements, the Federal Rules of Civil Procedure, the Private Securities Litigation Reform Act, brokerage firms, death spiral financiers, and the Depository Trust and Clearing Corporation; examines the efficacy of Regulation SHO, SEC rule 10b-21, and new FINRA rules; discusses recent state legislation and state court litigation; and identifies non-litigation options to curb naked short-selling. Ultimately, this article seeks to answer the question: If manipulative naked short-selling is more than a mythological scapegoat for
small cap failure, what remedies are, or should be, available?

PDF (62 Pages): Article In Pursuit of the Naked Short