Jones v. Harris: Decision by U.S. Supreme Court Provides Guidance to Investment Funds Industry
Few lawyers who attended law school in the eighties and nineties can have failed to come across the writings of Richard Posner, surely one of the most energetic and prolific academics ever to have graced a Senior Common Room. In 1981,...
The New Insider Reporting Regime
On April 30, 2010, new insider reporting rules are scheduled to take effect, as the Canadian Securities Administrators (the “CSA”) will be adopting a new reporting regime for insiders of reporting issuers in Canada (the “New Regime”)1. The New Regime will...
Discipline: A Resignation is No Escape for Now
Investment advisors cannot escape disciplinary sanctions by resigning, Court of Appeal says. But the new ruling may lead the way to further contesting of large fines. All-Star Basketball player Kevin Garrett is right. Quitting is not an option. After many...
Canada’s First Criminal Conviction for Illegal Insider Trading
Canada’s first criminal conviction for illegal insider trading occurred on November 6, 2009, when Justice Robert Bigelow of the Ontario Court of Justice accepted a guilty plea from Stan Grmovsek. Sentencing was delayed until January 7, 2010 to facilitate the...
Distribution of Non Arms-Length Investment Products
Introduction The Investment Industry Regulatory Organization of Canada (IIROC) is seeking comment with respect to how firms should deal, if at all, in “non-arm’s length” investment products. The regulator has issued a draft Notice to its Members which would set...
When Fair Ain’t Fair
The classic definition of “fair market value” – the price a willing buyer would pay a willing seller if neither were under any compulsion to buy or sell – is deceptively simple and hence widely appealing. In securities trading, however,...
