analysis by the experts

How To Strengthen Enforcement Of China’s Insider Trading Laws - September 2010
Abstracted from: The Ongoing Battle Against Insider Trading: A Comparison Of Chinese And US Law And Comments On How China Should Improve Its Insider Trading Law Enforcement Regime
By: Liu Duan
Duquesne Business Law Journal - Vol. 12, No. 1, Pgs. 129-161
Chinese law prohibits insider trading but contains numerous loopholes. For example, insiders can trade immediately upon leaving the company, and tippees can trade anytime. Liu Duan details the statutory gaps as well as the cultural and institutional influences that allow spotty enforcement of insider trading laws.
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Why Foreign Issuers Give Up Their US Dual Listing - September 2010
Abstracted from: Why Do Foreign Firms Leave US Equity Markets?
By: Prof. Craig Doidge, Prof. G. Andrew Karolyi, and Prof. René StulzRotman School of Management, University of Toronto (CD); Johnson Graduate School of Management, Cornell University (GAK); Fisher College of Business, Ohio State University (RS)
Journal of Finance - Vol. 65, No. 4, Pgs. 1507-1553
Many dual-listed foreign companies find Sarbanes-Oxley too difficult and costly, so they want to delist and deregister. The SEC changed the rules in 2007, making it easier for foreign issuers to give up their dual listings. Finance professors Craig Doidge, G. Andrew Karolyi, and René Stulz contemplate the economic implications of the rule change.
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Selective Disclosure Violations Appear Once Again On The SEC’s Radar - September 2010
Abstracted from: SEC Renews Focus On Regulation FD
By: Ryan WilsonJones Day, Dallas TX
Insights: Corporate & Securities Law Advisor - Vol. 24, No. 5, Pgs. 30-33
When Regulation FD first came into effect, the SEC pursued selective disclosure vigorously, bringing seven enforcement actions in the first three years. Then came a four-year lull. Attorney Ryan Wilson wonders if two actions brought by the SEC during the last year signal that active enforcement is resuming.
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The SEC Should Force Acquirors To Give Investors More Information Before A Deal Closes - September 2010
Abstracted from: Disclosure Of Disclosure Schedules, Commitment Agreements And Guarantees In Mergers And Acquisitions
By: Vijay SekhonSecurities and Exchange Commission, Washington DC
Securities Regulation Law Journal - Vol. 38, No. 2, Pgs. 147-155
Public companies do not give investors enough information after signing M&A agreements, attorney Vijay Sekhon contends. Most acquirors withhold key schedules from their filings unless and until the SEC asks for them. Yet investors should see everything so they can assess whether the deal will close.
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Why Companies Should Not Be Required To "Tell All" About The CEO's Private Life - September 2010
Abstracted from: The Celebrity CEO: Corporate Disclosure At The Intersection Of Privacy And Securities Law
By: Prof. Patricia Sánchez Abril and Prof. Ann OlazábalUniversity of Miami School of Business Administration
Houston Law Review - Vol. 46, No. 5, Pgs. 1545-1605
Is Stev Jobs's medical report relevant to Apple investors? Should Tyco have told the market about its CEO's spending extravaganzas? Although the public may be fascinated by the peccadillos and indiscretions of America's major executives, business professors Patricia Sánchez Abril and Ann Olazábal think that mandatory disclosure of certain private facts is neither desirable nor practicable.
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Limited Partners At Private Equity Funds Gain Bargaining Power - August 2010
Abstracted from: Negotiating Private Equity Fund Terms
By: Albert HudecFarris Vaughan Wills & Murphy, Vancouver, Canada
Business Law Today - Vol. 19, No. 5, Pgs. 45-49
When negotiating limited-partnership agreements for private equity funds these days, you might prefer to represent the investor, not the general partner. According to attorney Albert Hudec, limited partners now have more leverage at the bargaining table. From distribution waterfalls to management fees to fund governance, best practices are favoring the investors.
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Foreign Private Equity Still Struggling For A Foothold In China - August 2010
Abstracted from: Foreign Management Of Private Equity In China
By: Owen Nee Jr.Jones Day, New York and Shanghai
Review of Securities & Commodities Regulation - Vol. 43, No. 10, Pgs. 127-147
The Chinese government claims it welcomes foreign private investment in Chinese companies, yet foreign investors still face numerous hurdles. A brand-new vehicle, the Foreign-Invested Partnership, is heavily regulated, but these FIPs might ease the entry path. Attorney Owen Nee explains.
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Corporate Venture Capitalists Enhance Value For Certain Startups - August 2010
Abstracted from: Do Corporate Venture Capitalists Add Value To Start-Up Firms? Evidence From IPOs And Acquisitions Of VC-Backed Companies
By: Vladimir Ivanov and Prof. Fei XieSEC Office of Economic Analysis, Washington DC (VI); George Mason University (FX)
Financial Management - Vol. 39, No. 1, Pgs. 129-152
Venture capital from a traditional VC firm offers multiple benefits for a portfolio company. Economists Vladimir Ivanov and Fei Xie ask whether corporate venture capital, coming from a large corporation, can offer portfolio companies similar (or even more) advantages. For some startups, the answer is yes.
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When Investors In Private Equity Funds Default On Capital Calls, Remedies Vary - August 2010
Abstracted from: Capital Call Defaults Can Have Severe Consequences For Funds
By: Julia Corelli and Stephanie Pindyck-CostantinoPepper Hamilton, Philadelphia PA
Funds Services Update - April 2010, Pgs. 1-4
Unfortunately for private equity funds already struggling with liquidity issues, investors these days are missing capital calls. The fund agreement provides remedies, which range from simply charging interest to holding capital back and avoiding future calls. Attorneys Julia Corelli and Stephanie Pindyck-Costantino lay out points to consider when deciding which route to take.
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Bankruptcy Becoming A Faster Process - August 2010
Abstracted from: Breezing Through Bankruptcy
By: Vincent Ryan
CFO - June 2010, Pgs. 21-23
Corporate bankruptcy once took years to complete, but the process can now be condensed into months or even weeks. Quicker is better: the less time a company spends in Chapter 11, the lower the costs and the better its chance of surviving. Yet speed is not always controllable, nor is it risk-free, warns Vincent Ryan.
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