scholarly journals Protection of Private Equity Investors under the Dodd-Frank Act

2019 ◽  
Vol 37 (2) ◽  
Author(s):  
Doris Toyou
Keyword(s):  
Private Equity ◽  
Main Tool ◽  
Securities And Exchange Commission ◽  
Record Keeping ◽  
Securities Law ◽  
Fair Disclosure ◽  
Title Iv ◽  
Investment Returns ◽  
Securities Laws

In securities law, investor protection means that an issuer of securities, here partnership interests for private equity, must register with the Securities and Exchange Commission (“SEC”) and be subject to disclosure, reporting, record-keeping compliance and examination programs. This Article argues that the Dodd-Frank Act has fulfilled part of its objective to protect private equity investors by forcing private equity managers to disclose information on their operations. Disclosure has provided greater transparency about how the business of private equity is conducted. The increased SEC scrutiny started in 2014 has uncovered unfair practices and violations of fiduciary duties that sophisticated investors could not detect on their own. Notwithstanding this improved transparency, the Dodd-Frank Act still falls short of imposing the main tool securities laws uses to protect investors: that is, full and fair disclosure. In other words, Dodd-Frank does not provide all the required protections that are important for investors to assess the quality of their investments and make informed decisions. This Article offers to expand transparency by additional public disclosure of investment returns, fees, and managers’ income.For other policy issues unrelated to the protection of investors, that is, jobs or tax, Title IV of the Dodd-Frank Act does not offer the appropriate setting. Applying or enacting legislation concerning tax, labor or bankruptcy laws can better curve the controversial practices of private equity firms.

SEC whistleblower retaliation – and the federal securities laws – after Digital Realty

2018 ◽  
Vol 19 (3) ◽  
pp. 22-32 ◽  
Author(s):  
Aegis Frumento ◽  
Stephanie Korenman
Keyword(s):  
Supreme Court ◽  
Federal Court ◽  
Securities And Exchange Commission ◽  
Federal Courts ◽  
Content Type ◽  
Securities Law ◽  
Sarbanes Oxley ◽  
The Supreme Court ◽  
History Of ◽  
Securities Laws

Purpose The purpose of this paper is to analyze the Supreme Court’s recent decision in Digital Realty Trust, Inc v. Somers and its significance for whistleblower retaliation remedies and securities law interpretation generally. Design methodology approach The authors review the statutory, regulatory and decisional history of the anti-whistleblower retaliation remedies of the Sarbanes–Oxley Act and the Dodd–Frank Act; how they were seen by the US Securities and Exchange Commission (SEC) and most courts to be in conflict, and how they were ultimately harmonized by the Supreme Court in Digital Realty. Findings In Digital Realty, the Supreme Court ruled against the SEC and the leading Courts of Appeal and established that only one who reports securities law violations to the SEC can sue in federal court under the Dodd–Frank Act; all others are limited to the lesser remedies provided by the Sarbanes–Oxley Act. This simple conclusion raises a number of unresolved questions, which the authors identify and discuss. Also, the Supreme Court unanimously continued the pattern of federal securities laws decisions marked by a close reading of the text and a desire to limit private litigants’ access to the federal courts. Originality value This paper provides valuable information and insights about the legal protections for SEC whistleblowers from experienced securities lawyers and more generally on the principles that appear to guide securities law decisions in the Supreme Court.

SEC charges broker-dealer for failure to protect against insider trading by employees

2015 ◽  
Vol 16 (1) ◽  
pp. 59-62
Author(s):  
Daniel A. Nathan ◽  
Tiffany Rowe
Keyword(s):  
Insider Trading ◽  
Private Equity ◽  
Public Information ◽  
Securities And Exchange Commission ◽  
Confidential Information ◽  
Securities Litigation ◽  
Content Type ◽  
Improper Use ◽  
Failure To Protect ◽  
Securities Laws

Purpose – To alert broker-dealers to Securities and Exchange Commission charges brought against a broker-dealer for ineffective controls over employee use of confidential information and to provide guidance regarding development and implementation of controls to protect against improper use of material non-public information by employees. Design/methodology/approach – Reviews Securities and Exchange Commission settlement order with broker-dealer for violations of securities laws for failure to adequately prevent insider trading by employees and provides guidance for implementing control to prevent insider trading. Findings – The Securities and Exchange Commission’s charges are the first to be brought against a broker-dealer for failure to adequately protect against insider trading. A broker used a customer’s confidential information regarding an impending acquisition by a private equity firm to purchase stock in the target company. The broker-dealer settled charges of violations of the federal securities laws for failing to adequately establish, maintain, and enforce policies and procedures to protect against insider trading by employees with access to confidential client information. Originality/value – Practical guidance regarding internal controls at broker-dealers from experienced securities litigation and regulation lawyers.

Rethinking Securities Law

2021 ◽  
Author(s):  
Marc I. Steinberg
Keyword(s):  
The United States ◽  
Securities And Exchange Commission ◽  
Comprehensive Analysis ◽  
Securities Regulation ◽  
Law Reform ◽  
Administrative Authority ◽  
Securities Law ◽  
American Law ◽  
Securities Laws ◽  
Regulatory Organization

Rethinking Securities Law focuses on a very important and timely subject that merits comprehensive analysis: “rethinking” the securities laws, with particular emphasis on the Securities Act of 1933 and the Securities Exchange Act of 1934. The system of securities regulation that prevails today in the United States is one that has been formed through piecemeal federal legislation, Securities and Exchange Commission (SEC) invocation of its administrative authority, and self-regulatory organization episodic action. As a consequence, the presence of consistent and logical regulation all too often is lacking. In both transactional and litigation settings, with frequency, mandates apply that are erratic and antithetical to sound public policy. Over four decades ago, the American Law Institute (ALI) adopted the ALI Federal Securities Code. The Code has not been enacted by Congress and its prospects are dim. Since that time, no treatise, monograph, or other source has comprehensively focused on this meritorious subject. The objective of this book is to identify the deficiencies that exist under the current regimen, address their failings, provide recommendations for rectifying these deficiencies, and set forth a thorough analysis for remediation in order to prescribe a consistent and sound securities law framework. By undertaking this challenge, the book provides an original and valuable resource for effectuating necessary law reform that should prove beneficial to the integrity of the U.S. capital markets, effective and fair government and private enforcement, and the enhancement of investor protection.

Quality of medical record keeping: significance difference between types of admissions

Endoscopy ◽  
2006 ◽  
Vol 37 (12) ◽  
Author(s):  
D Debnath ◽  
M Hutcheson ◽  
JK Hussey
Keyword(s):  
Medical Record ◽  
Record Keeping

scholarly journals 964 Telemedicine: Speedy Triage Tool or Clinical Record?

2021 ◽  
Vol 108 (Supplement_2) ◽  
Author(s):  
A Ghareib ◽  
Z Vinnicombe ◽  
G Visser ◽  
A Ra ◽  
M Mantella ◽  
...  
Keyword(s):  
Plastic Surgery ◽  
Compliance Rate ◽  
Clinical Record ◽  
Portal System ◽  
Clinical Documentation ◽  
University Hospitals ◽  
Record Keeping ◽  
Clinical Document ◽  
National Guidance

Abstract Introduction St. George’s University Hospitals NHS Foundation Trust is a tertiary plastic surgery centre serving a population of 3.5 million in and around South West London. Telemedicine Referral Image Portal System (TRIPS) is integral to our service, allowing triage of patients in remote locations. During Covid, TRIPS helped in reducing footfall and streamlining out of hospital referrals to reduce unnecessary transfer. The aim of this project was to assess the quality of clinical documentation for emergency referrals to plastic surgery via TRIPS. Method We performed a retrospective review of all patients referred to plastic surgery via TRIPS during April 2020. Documentation standards were determined from national guidance. After introduction of a condensed guide, a second review was performed four months later. Results In April, 131 referrals were recorded on TRIPS. Only 22.9% of records met the standard. The most common omission was treatment advice. Following introduction of guidance, 215 TRIPS records were reviewed. The quality of clinical documentation improved in all aspects with a compliance rate of 89%. Conclusions Although TRIPS remains a useful tool for triage, it is a clinical document and must meet the standards of clinical record keeping. Introduction of clear guidelines improves overall compliance.

A Sound of Silence in the Archives: On Eighteenth-Century Russian Diplomacy and the Historical Episteme of Central Asian Hostility

Itinerario ◽  
2020 ◽  
Vol 44 (3) ◽  
pp. 552-571
Author(s):  
Paolo Sartori
Keyword(s):  
Early Modern ◽  
Early Modern Period ◽  
Russian Enterprise ◽  
Old Regime ◽  
Early Modern History ◽  
Record Keeping ◽  
Central Asian ◽  
Truth Claims ◽  
European Colonialism

AbstractCui bono information and record keeping? In his most recent work devoted to the study of British and French imperialism in the Levant in early modern history, Cornel Zwierlein has argued that “empires are built on ignorance.” It is, of course, true that during the old regime Western knowledge of things “Oriental” was patently defective, marked as it was by blind spots and glaring gaps; and if observed in the broader context of European colonialism in Asia, the British and French cases are hardly exceptional. Sanjay Subrahmanyam's Europe's India has shown compellingly that the Portuguese, too, blindly forged ahead in their imperial expansion into South Asia, with a good dose of improvisation. By focusing on a mission to Khiva, Bukhara, and Balkh in 1732, I set out to show that the Russian venture in Asia too was premised upon ignorance, among other things. More specifically, I argue that diplomatic and commercial relations between Russia and Central Asia developed in parallel with the neglect of intelligence gathered and made available in imperial archives. Reflecting on the fact that the Russian enterprise in Asia was minimally dependent on information allows us to complicate the reductive equation of knowledge to power, which originates from the “archival turn.” Many today regard archives as reflective of projects of documentation, which granted epistemological virtue to the texts stored, ordered, and preserved therein. The archives generated truth claims, we are told, about hierarchies of knowledge produced by states and, by doing so, they effectively operated as a technological apparatus bolstering the state. However, not all the texts which we find in archives always retained their pristine epistemic force. To historicise the uses, misuses, and, more importantly, the practices of purposeful neglect of records invites us to revisit the quality of transregional connectivity across systems of signification in the early modern period.

Elasto-Plastic Stress Distribution in Triplate Joint Assembly under Bending Moment

2007 ◽  
Vol 345-346 ◽  
pp. 1437-1440
Author(s):  
Tae Hyun Baek ◽  
Seung Kee Koh ◽  
Jie Cheng
Keyword(s):  
Finite Element Method ◽  
Residual Stresses ◽  
Pure Aluminum ◽  
Main Tool ◽  
Bending Moment ◽  
The Finite Element Method ◽  
Shipbuilding Industry ◽  
Structural Parts ◽  
Von Mises

Pre-produced triplate transition joint assemblies are widely used in shipbuilding industry to make welds between aluminum and steel for a number of years now. The straight-shaped transition joint assemblies are bent during shipbuilding. So it is necessary to study the residual stresses created by punch forming, which would have heavy effects on the quality of structural parts. ABAQUS is a suite of powerful engineering simulation programs, based on the finite element method. In this paper, ABAQUS was used as the main tool to simulate the residual stresses in a triplate transition joint after unloading. Punch-pressing was carried to simulate bending moment in ABAQUS. The triplate is consisted of baselayer (steel: Lloyd’s Shipplate Gr. A), interlayer (pure aluminum: Al99.5) and superlayer (Al-Mg alloy: AlMg4.5Mn). Results from the ABAQUS analysis showed that increasing the radius of punch significantly reduced the von Mises residual stresses in steel. Changes of von Mises residual stresses in interlayer (Al99.5) and superlayer (AlMg4.5Mn) were negligible.

Amendments to the Constitution of the Russian Federation of 2020 and the Content of Court Proceedings

2021 ◽  
pp. 5-12
Author(s):  
Latysheva N. A. ◽  
Keyword(s):  
Russian Federation ◽  
Organizational Support ◽  
National Language ◽  
Record Keeping ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Court Proceedings

Judicial record-keeping, which in its content refers to judicial activity of a security, auxiliary nature, received an impetus for its development in connection with the amendments to the 1993 Constitution of the Russian Federation that entered into force on July 4, 2020. The introduction of innovations, which will take place through the organizational, guiding activities of the bodies of the judicial community – the Council of Judges of the Russian Federation and the bodies of the judicial community in the constituent entities of the Russian Federation and the improvement of regulatory regulation by authorized entities will allow realizing the needs of society in a new quality of relations between the judiciary and citizens of the Russian Federation. The article substantively defines the problems of the development of normative regulation in the course of ensuring arbitration proceedings, organizing constitutional and legal judicial statistics, exercising the rights of citizens to use the national language in the process of conducting judicial proceedings. In connection with the findings, options are proposed for generating ideas in the field of organizational support of justice.

Accounting Standards and Earnings Quality — Evidence from Registered ADRs

2018 ◽  
Vol 21 (04) ◽  
pp. 1850022
Author(s):  
Yaseen S. Alhaj-Yaseen ◽  
Kean Wu ◽  
Leslie B. Fletcher
Keyword(s):  
Financial Reporting ◽  
Earnings Quality ◽  
Accounting Standards ◽  
Securities And Exchange Commission ◽  
High Quality ◽  
Reporting Standard ◽  
International Financial Reporting Standard ◽  
The Us ◽  
Us Gaap

This paper examines the changes in earnings quality of registered American Depositary Receipts (ADRs) as a result of switching accounting standards. We aim to shed light on the potential impact of International Financial Reporting Standard (IFRS) adoption on US firms. A suboptimal approach to achieve this goal is through examination of US firms’ surrogates such as ADRs. Unlike previous studies, we made a distinction between registered and unregistered ADRs and affirmed that registered ADRs are the closest surrogates with which to conduct our analysis because they are exclusively required to adhere to the Securities and Exchange Commission (SEC)’s stringent disclosure requirements. When cross-listing their equity on the US exchanges, foreign issuers can file their financial reports with the SEC using IFRS, US GAAP (generally accepted accounting principles), or their domestic GAAP with reconciliation to US GAAP. An improvement in earnings quality is documented when ADRs adopt US GAAP or IFRS versus domestic GAAP. However, when the comparison is made between US GAAP and IFRS, no difference in earnings quality is documented. These results indicate that switching to high-quality accounting standards is likely to improve earnings quality. This improvement is maximized when the difference between reporting standards is high and minimized if otherwise. Our conclusion is that the adoption of IFRS in the US is unlikely to change earnings quality of local issuers. Moreover, we drew a distinction between reconciliation with and adoption of high-quality accountings standards and find that while the former can enhance earnings quality, the latter can further improve it.

scholarly journals Use of Analgesia in an Emergency Department

2013 ◽  
Vol 52 (189) ◽  
pp. 224-228 ◽  
Author(s):  
Rabin Bhandari ◽  
Gyanendra Malla ◽  
Indrajit Prasad Mahato ◽  
Pramendra Gupta
Keyword(s):  
Emergency Department ◽  
Median Time ◽  
Descriptive Statistics ◽  
Emergency Ward ◽  
Record Keeping ◽  
Case File ◽  
Common Presentation ◽  
Pain Descriptor ◽  
Set Up

Introduction: Pain is a common presentation to the emergency department but often overlooked with little research done on the topic in Nepal. We did an observational retrospective study on 301 patients in the emergency ward of BP Koirala Institute of Health Sciences with the objective of finding the practice of analgesia. The specific focus was on the time to analgesia, drugs for analgesia and method of pain assessment. Methods: Case file analysis of patients discharged home after presenting with pain was performed. Time to analgesia and other factors were analyzed with descriptive statistics. Results: Diclofenac injection intramuscular (80%) was the commonest analgesic used. Assessment methods and record keeping were poor. Pain in the abdomen was the commonest. The median time to analgesia from triage was 45 minutes (IQR 30 to 80) and the median time to analgesia from doctor evaluation was 40 minutes (IQR 20 to 70). Conclusions: Time to analgesia from triage and doctors assessment in our set up is comparable to others. The quality of documentation is poor. Problems with pain identification and assessment may lead to inadequate analgesia so reinforcing the use of pain descriptor at triage itself with pain score would be helpful in adopting a protocol based management of pain. Keywords: analgesia; emergency; Nepal.  

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