Description
This book provides an overview of securities law concepts, with a focus on how these laws may be applied in the context of litigation. It covers topics such as what constitutes a security, the various federal securities laws that apply, the different types of suits that may be brought, and the various defenses that may be available.
In "Securities Law Claims," J. Allen Maines and Ronald Coleman of Paul, Hastings, Janofsky & Walker provide a complete and current examination of legal matters in the securities market from the perspective of an issuing company. This clearly written, issue-spotting guide combines a foundation for understanding securities law concepts with enough detail to begin an action plan at any stage from securities issue to prosecution. It is a must-read for any executive, board member, or trustee. This volume: Defines the term "security" and provides tests to determine whether an instrument is a security. Gives an overview of federal securities laws, leading to in-depth discussion of disclosure requirements and liability, accounting misconduct, and liability for insider trading. Discusses potential for being sued, types of suits, the legal process by which a case may be brought, and defenses against suit. Covers: Shareholder derivative actions SEC enforcement Increased responsibility of Boards of Directors under Caremark and Sarbanes-Oxley State Securities and Blue Sky Laws Managing company communications before and during litigation, including a discussion of privilege
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