Wednesday, November 30, 2011

Milberg, Dreier, and the Shanda of It All

CandidateSpeak - Cases In Point

I had a great experience with GLI. Any job search is an emotional roller coaster, but leaving my firm where I started my legal career was unbelievably tough. Nancy was great, not only with the logistical, finding-me-a-job details, but also with the personal stress of the search. I got 3 amazing offers through her, and [...]

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Friday News (06.17.2011)

New York City Mayor Bloomberg has called for “immediate immigration reform.”  TechCrunch, for one, rejoices. An increasing number of wealthy individuals in China are leaving the country, suggesting that the country has some work to do on quality of life for its citizens. Austin American-Statesman op-ed piece on Austin’s urban development future suggests a hybridized approach incorporating both sides of the current debate. Construction of urban rail in Austin could begin by 2014 if approved by voters.  City Hall continues its work on the details

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Second Quarter 2010 Report

Where Were the Lawyers?

Smooth Sailing in 2011

Pricing Gap Revealed in Apple REIT Eight

David Kelly of InvestmentNews.com, June 15, 2011, writes that the price of one in a series of 10 nontraded REITs sold exclusively through David Lerner Associates Inc. took a hit yesterday when management from Apple REIT Eight Inc. said that its book value was $7.57 per share at the end of March, according to a [...]

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Third Quarter 2010 Report

FINRA CEO Says Brokers Must ?Push and Pull? for Private Placement Information

Often, investment advisors, stockbrokers and brokerages who unsuitably push Reg. D Private Placements on investors claim that any financial losses investors subsequently experience occur despite their due diligence. However, these private investments pay high fees that can induce some financial professionals to look the other way, focusing on the fifteen percent fee rather than the [...]

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?NAVIGATING THE JOB HUNT JUNGLE?

 Navigating today?s job market is a formidable task, but if you follow Nancy?s advice, you can be successful.  Check out Nancy?s tips here, FOR FREE!
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Article courtesy of  Nancy Grimes - Founder GLI / Grimes Legal, Inc. - Legal Search Firm    Retained Legal Recruiters © Copyright 2008 Grimes Legal, Inc. | All rights reserved

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Turning the Corner on the Big Roller Coaster Ride of BigLaw

Anyone can change the world. Will it be you?

 
 
 
 
INSPIRING WORDS FROM STEVE JOBS:
 
“? You can’t connect the dots looking forward; you can only connect them looking backwards. So you have to trust that the dots will somehow connect in your future. You have to trust in something ? your gut, destiny, life, karma, whatever. This approach has never let me down, and it [...]

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Tuesday, November 29, 2011

Using a Recruiting Agency to Find Your Company?s Board of Directors?

A lot of new entrepreneurs dislike the idea of having a board of directors. They feel it is akin to handing over their powers to a group of people who may or may not share their vision. They also fear losing control over their own business and feel threatened by a board of directors in [...]

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Business custom funding

Smooth Sailing in 2011

FINRA Expels Firm and Brokers Sanctioned

 Brewer Financial Services, LLC (CRD® #132558, Chicago, Illinois), Adam GaryErickson (CRD #3081286, Registered Principal, Chicago, Illinois) and Steven John Brewer (CRD #2214515, Associated Person, Chicago, Illinois)  submitted a Letter of Acceptance Waiver and Consent in which the firm was expelled from FINRA membership and Erickson and Brewer were barred from association with any FINRA member [...]

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Friday News (06.17.2011)

New York City Mayor Bloomberg has called for “immediate immigration reform.”  TechCrunch, for one, rejoices. An increasing number of wealthy individuals in China are leaving the country, suggesting that the country has some work to do on quality of life for its citizens. Austin American-Statesman op-ed piece on Austin’s urban development future suggests a hybridized approach incorporating both sides of the current debate. Construction of urban rail in Austin could begin by 2014 if approved by voters.  City Hall continues its work on the details

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Can Investment Advisors, Private Fund Managers, and their Employees Contribute to Governor Perry?

Last February, we posted an entry flagging potential concerns arising from the SEC’s new pay-to-play rules for investment advisors as applied to presidential candidates. Admittedly, at the time we were talking about Governors Haley Barbour and Mitch Daniels, but the same holds true now for Texas Governor Rick Perry.

The Compliance Building blog (Presidential Campaign Season and the SEC’s Pay-to-Play Rule) has just posted an excellent analysis of the issue. I highly recommend you check it out. As the blog notes:


 


“Registered Investment Advisors, private fund managers getting ready to register with Securities and Exchange Commission, and their employees need to be very cautious about making contributions to Governor Perry if they have a Texas state sponsored fund as a client or investor, or hope to have one as a client or investor in the next two years.”     


 


Transparency Alert: the author is campaign counsel to several federal candidates including former Speaker Newt Gingrich.

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Leased Instruments Delivered with only a Small Down Payment

World Prime Banks TOP 50 PRIME WORLD BANKS BANK NAME COUNTRY 1.    BNP Paribas SA, Paris FRANCE 2.    The Royal Bank of Scotland Group PLC, Edinburgh UK 3.    Credit Agricole SA, Paris FRANCE 4.    Barclays PLC, London UK 5.    Deutsche Bank AG, Frankfurt am Main GERMANY 6.    Industrial & Commercial Bank of China Limited, Beijing [...]

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CandidateSpeak - Cases In Point

I had a great experience with GLI. Any job search is an emotional roller coaster, but leaving my firm where I started my legal career was unbelievably tough. Nancy was great, not only with the logistical, finding-me-a-job details, but also with the personal stress of the search. I got 3 amazing offers through her, and [...]

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Have you used Mark E. Imbertson as Your Broker?

Mark E. Imbertson, a former Merrill Lynch stock broker in West Palm Beach, Florida, was recently terminated for alleged multiple customer complaints. Mark Imbertson has received 17 reported customer disputes on his employment record, according to FINRA broker check. Many of the complaints allegedly relate to unauthorized trading and short selling without customer approval. If you were a [...]

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Atlanta Update: Cooler Heads Prevail

Atlanta’s Fulton County Commission met yesterday as predicted http://www.paytoplaylawblog.com/2011/08/articles/georgia/atlanta-takes-anothe... ">here to take up its latest pay-to-play resolution. 


Everyone’s dying to know what happened. 


Drum roll . . . It failed.

Interestingly, Fulton County’s Commission didn’t simply reject the resolution, they made sure to give the bill sufficient medical attention to permit the orderlies to wheel it in to the room where they could execute it properly and with finality. The Atlanta Journal Constitution reported on the gruesome course of events thusly:


 Fulton County commissioners didn't just reject Vice Chair Emma Darnell's proposal to limit contractors' donations to political campaigns. They killed it.


Darnell sought to prohibit any company or individual from bidding for county work if they have donated more than $500 to a commission candidate, or have given gifts to commissioners or county employees, during the past year.


The board opposed the plan 4-2, then, on a motion from Commissioner Tom Lowe, voted 4-2 to officially deny it so it can't be brought up again. Lowe called the idea stupid and bad for business


Not everyone sees the issue the same way. On the same day Fulton County was doing its work, the Brigantine Beach, New Jersey, City Council voted a strikingly similar piece of legislation onto the books. The Brigantine Beach ordinance, based largely on an Atlantic County, NJ, ordinance, and drafted with the assistance of the Atlantic County counsel, bans all professional contractor contributions one year before bidding and limits success ful bidders to $300 candidate contributions after that with aggregate total limit contributions from a corporation holding a city contract to no more than $2,500 annually.


The regulatory patchwork continues to be sewn together stitch by stitch with no sign of uniformity on the horizon.

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Principal Protected Notes, Lehman Brothers and UBS Financial Services Arbitrations

A recent class action suit against Lehman Brothers as well as an enforcement proceeding against UBS Financial Services by New Hampshire has encouraged investors to hire investment recovery litigators and pursue claims against firms selling Lehman Brothers principal protected notes in an attempt to recoup their financial losses. According to New Hampshire?s claim, UBS engaged [...]

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Halliburton Class Action for Securities Fraud, Case Reinstated ? a Victory for Claimants

According to a June 6, 2011 article by James Vicini for Reuters (?Halliburton securities fraud lawsuit reinstated?) the U.S. Supreme Court has reinstated a securities fraud class-action lawsuit filed against Halliburton in 2001 by pension and mutual fund investors on behalf of all buyers of Halliburton stock between June 1999 and December 2001. Claimants in [...]

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Monday, November 28, 2011

GLI SPOTLIGHTS CARLOS RIAZ

Carlos Riaz is the Project Coordinator for the New York, NY market. After graduating college with a degree in Human Resource Management, Carlos spent 4 years working in the HR department of a large law firm in New York. During his tenure in human resources, Carlos discovered his favorite aspect of the job was his [...]

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Atlanta Takes Another Shot at Procurement Restriction

Fulton County, Georgia – home county to the City of Atlanta - is poised once again to take up an ordinance designed to prohibit any corporation, officer, agent or individual who makes relevant campaign contributions or gifts from seeking county contracts. Just yesterday, the Fulton County Commission announced an agenda item for its August 17, 2011 recess meeting. Deep on page 12 of that agenda is a single line item styled:


Request approval of a Resolution amending the Fulton County Code of Laws regarding campaign contributions from entities doing business with, or seeking to do business with, Fulton County.


The resolution to be taken up, proposed by Commissioner Emma Darnell, closely mirrors a pay-to-play contract restriction proposed two years ago for the City of Atlanta by Common Cause Georgia.  In its current form, the proposed resolution provides that no corporation, entity, or individual will have the right to bid for, or hold, a county contract if it has either made a campaign contribution of $500 or more to a County Commissioner or has provided any direct or indirect gift or contribution to a County Commissioner or any Fulton County employee.

For the purposes of determining whether a person has reached the $500 threshold, Commissioner Darnell’s resolution proposes aggregating all contributions or gifts made by an individual, their parents, siblings, spouse, or children as well as by any company that the individual controls or holds a 10% stock interest in. With respect to company contributions and gifts, the proposed resolution would aggregate all contributions or benefits conferred by any “officers, directors, partners, members, or salaried employees of the entity, and of any affiliated or subsidiary entities.”


Yes, you read that right. Under the proposed resolution, a company such as Delta Air Lines would theoretically be debarred from contracting with Fulton County (they have an airport in Atlanta, don’t they?) if even one of its salaried employees pays for a birthday cake for a next door neighbor who just happens to be a Fulton County employee. (Transparency Note: Delta Air Lines is a client of our firm, but this example could just as easily apply to any corporation having any employee who inadvertently makes a $500 campaign contribution or any gift to a County Commissioner or county employee).


As this blog has noted before, well-meaning and good-intentioned efforts to restrict back room dealing almost always get hoisted upon the petard of the broad language necessary to prevent circumvention but predictably results in negative, unintended consequences. The Law of Good Intentions almost always loses out to the  Law of Unintended Consequences.  Under this proposal, compliance costs will skyrocket, as will the likelihood of unnecessary and inefficient bid protest litigation due to inadvertent violations. In light of these potential effects, simple disclosure of all campaign and gift activity in the contracting process strikes me as the much more sensible approach.


I also have concerns that such restrictions will needlessly limit campaign activity and chill political speech inside of Fulton County. The words I wrote two years ago here still ring true to my ear:


While few would argue that the procurement process in Atlanta doesn't need more sunshine, the Common Cause proposal appears to go a few steps to far. Most troublesome is the proposal to prohibit persons who make contributions of over [$500] from bidding on any … contracts for the next year, as the prohibition applies even if the contract in question was not in existence at the time of the contribution. Restricting contribution amounts in this manner would undoubtedly chill the making of political contributions for City of Atlanta elections altogether, as any person or entity with any potential interest in any City contract in the future could not make contributions without the fear of being locked out of all future business. This is the sort of broad restriction that has proven to be problematic in jurisdictions such as Colorado. Similarly problematic is the apparent willingness to consider contributions by spouses and children of contributors in making prohibition determinations. Again, Colorado should serve as a cautionary tale here.


Needless to say, Common Cause Georgia, and many others, do not share my concerns. Whether Fulton County’s proposed resolution passes tomorrow or not, however, the waves of “restriction as reform” continue to hit the beach.

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Ambac & Others Agree to Pay $33M to Settle Fraud Allegations Surrounding Bond/Insurance Litigation

Ambac Financial Group Inc., as well as several of its banking underwriters and insurers, has agreed to pay a total of $33M in order to settle claims of investment fraud. According to investors who experienced significant financial loss, the parties involved hid risks from investors about the mortgage debt it guaranteed. The primary claimants in [...]

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Website interactive maps of the world to improve your business

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2010 Year End Report

Deficit "Super Committee" Transparency - Will We Get to See the Budgetary Sausage in Production?


By Stefan C. Passantino and Benjamin P. Keane


 


Whether you agree with Justice Brandeis that sunlight is the “best of disinfectants” or with former American League of Lobbyists president Dave Wenhold that “too much sunlight causes cancer”, it should be readily apparent to the readers of this blog that public officials of all stripes have increasingly begun to listen to the chorus of voices calling out for more transparency in all levels of government. At PaytoPlayLawBlog, we often write about how the push for greater transparency at the federal, state and local levels is affecting the operation of government, as well as the interaction of the public with government officials. As strictly objective, rational observers (ahem), it seems to us that disclosure alone generally trumps both inaction and punitive regulation in the pay-to-play space. Over the past month or so, we have come to see new evidence of this welcome push for openness at the federal level, particularly with regard to the activities of the newly-formed Joint Select Committee on Deficit Reduction (or the so-called Deficit “Super Committee”).      

For those who have spent all of their time recently tracking satellite orbits and running calcu lations on their chance of having to make a potentially uncovered hom eowners claim, the Super Committee is a balanced delegation of six Democrats and six Republicans (split evenly between members of the U.S. House of Representatives and U.S. Senate) formed in August of this year as a means of permitting Congress and the White House the opportunity to avoid responsibility for identifying an additional $1.5 trillion in federal budgetary cuts over the next decade. Whether one agrees with the premise of granting 12 Members of Congress such extraordinary authority over federal, fiscal decision making, it is readily apparent that the ongoing work of the Super Committee has drawn a great deal of attention from political organizations and commentators across the ideological spectrum. Given the nature of the current (entirely justified) cynicism with the political process, and the enormity of the task before the Super Committee, it should not surprise readers of this blog to learn that much of this attention across the political continuum has been focused on increasing the political transparency of the Committee’s activities. 


One of the more prominent efforts to accomplish this goal has been organized by the Sunlight Foundation, a non-profit organization dedicated to using the “power of the Internet to catalyze greater government openness and transparency.” On August 3, 2011, the Foundation issued a letter to congressional leadership urging them to adopt a series of recommendations that the Foundation believes will ensure the Super Committee operates in a fully open and transparent manner. Those recommendations included: (1) holding live webcasts of all official Committee meetings and hear ings; (2) posting the Committee’s draft recommendations for at least 72 hours prior to a final committee vote; (3) promoting disclosure of every meeting held by Committee members with lobbyists and other “powerful interests”; (4) ensuring the immediate disclosure of all campaign contributions received by Committee members during their service on the Committee; and (5) demanding additional financial disclosure standards for Committee members and their staffers. In addition, the Foundation has teamed up with various transparency activists and supporters to launch a grassroots campaign designed to encourage greater accountability and openness from the Super Committee. The movement’s allies in this endeavor include such left-leaning organizations as The Bre nnan Center for Justice, the Project on Government Oversight, and Public Citizen.


Although not necessarily backing each of the Sunlight Foundation’s specific recommendations, many organizations and individuals on the conservative and libertarian end of the political spectrum have also echoed the Foundation’s calls for transparency in Super Committee activities. For example, Jim Harper of the CATO Institute and Rob Bluey of The Heritage Fou ndation’s Center for Media and Public Policy have both recently demanded that the Super Committee permit open public access to Committee meetings and legislative proposals as a means of ensuring that all citizens are kept abreast of the activities of this uniquely powerful legislative panel. Along those same lines, Harper and Bluey have also called for Committee transparency as a safeguard against the passage of expansive legislation that is subject to little or no debate or public input. 


All of this makes perfect sense. As we have previously observed here, efforts to govern matters such as this from behind closed doors can lead to embarrassing exchanges.


Bi-partisan support for greater Super Committee transparency has even begun to emerge within Congress itself. In fact, in early September, Representatives Mike Quigley (D-IL), Dave Loebsack (D-IA), and Jim Renacci (R-OH) introduced H.R. 2860, the Deficit Committee Transparency Act, which would implement six transparency reforms along the lines of those recommended by the Sunlight Foundation. Similarly, Senators David Vitter (R-LA) and Dean Heller (R-NV) have also introduced two separate bills, S. 1501 (the Budget Control Joint Committee Transparency Act) and S. 1498  (the Super Committee Sunshine Act), that are designed to ensure the openness of Super Committee meetings and greater transparency in the political fundraising of Committee members.


At present, none of the aforementioned bills have been acted upon in Congress, but there does appear to be growing support on both sides of the political aisle for a more open and forthright framework for Super Committee action. Recognizing the growing momentum in support of such transparency, the Committee has taken the initial step of keeping its three preliminary meetings open to the public (and also available for video review over the Internet). It remains to be seen, however, whether this policy will continue as the Committee gets deeper into the task of formulating its deficit-reduction proposals. Likewise, it remains to be seen whether any of the other aforementioned transparency proposals will gain any traction with the Committee itself. Stay tuned in the coming months to find out.

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Entertainment Recruiters ? Secrets to Hiring the Best

In the fast paced environment of media and entertainment, you need the most qualified employees on your team. This is where entertainment recruiters can help; recruiting agencies that specialize solely within this industry. Whether you are a public relations firm, an advertising agency, a production company, or the like, you know that having the [...]

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The Record 2509 2008 U.S. Partner Laterals

There is DEFINITELY a New Sheriff in Albany - Governor Cuomo Proposes Sweeping Ethics and Pay-to-Play Reform

Having apparently abandoned all hope of reforming New York’s Congressional delegation (and with a bipartisan ethics All-Star team including Congressmen Anthony Weiner (D-NY), Christopher Lee (R-NY), Eric Massa (D-NY), Charlie Rangel (D-NY) and Vito Fosella (R-NY)), Governor Cuomo has concluded that it's time to focus on New York State ethics and disclosure.


This week, Governor Cuomo announced that he, Senate Majority Leader Dean Skelos and Assembly Speaker Sheldon Silver had reached a three-way agreement on a substantial ethics reform package. Initially, and possibly more appropriately, named the “Clean Up Albany Act” in early press releases, the “Public Integrity Reform Act of 2011” proposes sweeping changes across a number of ethical disciplines. The proposed changes include the following:

Financial Disclosures: Financial disclosure statements filed with the new Joint Commission on Public Ethics from elected officials will now be posted on the internet and the prac tice of redacting the monetary values and amounts reported by the filer will be ended. The Act also includes greater and more precise disclosure of financial information by expanding the categories of value used by reporting individuals to disclose the dollar amounts in their financial disclosure statements. The Act requires disclosure of the reporting individual’s and his or her firm’s outside clients and customers doing business with, receiving grants or contracts from, seeking legislation or resolutions from, or involved in cases or proceedings before the State as well as such clients brought to the firm by the public official.


In Albany, this is a controversial measure as a number of legislators – who will now be required – effective July 1, 2012 and upon potential penalty of $40,000 for failing to do so – to disclose the names of “outside clients and customers” – are attorneys who do not wish to disclose the identities of their clients. As one would expect, backlash from legal members of the Assembly was immediate and vociferous.


Increased Access to Who is Appearing Before the State and Why: The Act establishes a new database of any individual or firm that appears in a representative capacity before any state governmental entity.


Additional Disclosures for Registered Lobbyists: The bill expands lobbying disclosure requirements, including the disclosure by lobbyists of any "reportable business relationships" of more than $1,000 with public officials. It also expands the definition of lobbying to include advocacy to affect the "introduction" of legislation or resolutions, a change that will help to ensure that all relevant lobbying activities are regulated by the new Joint Commission.


A New Joint Commission on Public Ethics: This is potentially the most significant development of the newly proposed legislation. The new Joint Commission on Public Ethics will replace the existing Commission on Public Integrity with jurisdiction over all elected state officials and their employees, both executive and legislative, as well as lobbyists. Among other restrictions, no individual will be eligible to serve on the Joint Commission who has within the last three years been a registered lobbyist, a statewide office holder, a legislator, a state commissioner or a political party chairman. Commissioners will be prohibited from making campaign contributions to candidates for elected executive or legislative offices during their tenure.


The Joint Commission will have jurisdiction to investigate potential violations of law by legislators and legislative employees and, if violations are found, issue findings to the Legislative Ethics Commission, which will have jurisdiction to impose penalties. Significantly, if the joint commission reports such a violation to the Legislative Ethics Commission (with full findings of fact and conclusions of law), that report must be made public along with the Legislative Ethics Commission’s disposition of the matter within strict timeframes. The Joint Commission will have jurisdiction to impose penalties on executive employees and lobbyists. Any potential violations of federal or state criminal laws will be referred to the appropriate prosecutor for further action.


This provision has proven controversial almost immediately. In order to initiate an investigation, the new Joint Commission will require that two appointees of the same party in a given branch assent. This means, as many have already pointed out, that in theory the commission could vote 11-3 to take action without anything being done. Similarly, the New York Times noted that “commissioners appointed by the Assembly speaker, Sheldon Silver, a Democrat, could effectively block investigations of any Democrat in the Legislature, while commissioners appointed by the Senate majority leader, Dean G. Skelos, a Republican, would have similar power over investigations of any Republican.”


Overall, however, it appears that most public interest groups believe that the newly proposed Joint Commission will strike the right balance between unbiased investigation and the prevention of politically motivated “witch hunts” against the party out of power.


Forfeiture of Pensions for Public Officials Convicted of a Felony: Certain public officials who commit crimes related to their public offices may have their pensions reduced or forfeited in a new civil forfeiture proceeding brought by the Attorney General or the prosecutor who handled the conviction of the official.


Clarifying Independent Expenditures For Elections: The Act requires the state board of elections to issue new regulations clarifying disclosure of Independent Expenditures.


Increased Penalties for Violations: The Act substantially increases penalties for violations of the filing requirements and contribution limits in the Election Law, and provides for a special enforcement proceeding in the Supreme Court. The bill also increases penalties for violations of certain provisions of the state’s code of Ethics that prohibits conflicts of interest.


Without a doubt, this legislation represents sweeping change that must be carefully studied, and compliance prepared for, by all doing business in New York.


Now, if only we could get the Governor to introduce a “Clean Up Washington Act”.

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The SEC's Newly Proposed Rules on Derivative "Swaps"

This Wednesday, the Securities and Exchange Committee (SEC) voted to propose rules that would impose certain business conduct standards on banks and other firms that deal in complex financial instruments known as “swaps.”  For the uninitiated, swaps are derivatives in which parties exchange the benefits of one financial instrument for another in order to trade the cash flow streams of the particular assets.  Swaps are typically used either to insure against market risks such as interest rate fluctuations or to make speculative investments based upon expected changes in the prices of the financial benchmarks underlying the instruments. 


This effort to regulate conduct in the derivative swap market by the SEC emerges out of the Dodd-Frank Act's comprehensive framework for monitoring over-the-counter swaps and the activities of “security-based swap dealers” and “major security-based swap participants” that engage in security-based swap transactions with counterparties (including “special entities” such as federal agencies, states and political subdivisions, employee benefit plans, governmental plans, and endowments).  The rules the SEC advanced this week would require swap dealers to disclose to their buyers the risks associated with transactions, the potential conflicts of interests involved, and the day-to-day values of their swaps, which would aid purchasers in assessing the overall worth of specific deals.&nbs p; The rules would also mandate that swap dealers doing business with special entities ensure that their counterparts use independent financial advisers to assist with transactions.  Additionally, dealers would be prohibited from participating in a wide range of “pay to play” practices.

Under these new pay to play rules, securities-based swap dealers and their “covered associates” would specifically be barred from engaging in swap transactions with a “municipal entity” for a two-year period if they choose to make certain types of political contributions to officials of that municipal entity. This Proposed Rule 15Fh-6 is modeled on, and intended to complement, existing restrictions on pay to play practices under Advisers Act Rule 206(4)-5, which imposes restrictions on political contributions by investment advisers providin g or seeking to provide investment advisory services to public pensio n plans and other government investors, and MSRB Rules G-37 and G-38, which impose such restrictions on municipal securities dealers and broker-dealers engaging or seeking to engage in the municipal securities business. The pay to play restrictions are also similar to rules the Commodity Futures Trading Commission (CFTC) recently proposed for non-securities-based swaps.


 


According to SEC Chairwoman Mary L. Schapiro, these new pay to play provisions and the other business conduct standards in the proposed rules will work to “level the playing field in the securities-based swap market by bringing needed transparency to this market and by seeking to ensure that customers in these transactions are treated fairly.” That is yet to be seen, but all five SEC commissioners nevertheless voted unanimously to propose the rules and introduce them through formal public notice. The proposed rules will remain open for public comment until August 29, at which point the SEC will take any submitted remarks under advisement and make a final vote as to their implementation.


It will be interesting to see how business leaders and public officials alike react to the SEC’s proposal during the upcoming notice and comment period. Businesses, and in particular investment firms, have had to adjust to a litany of newly proposed regulations and pay to pay rules in the wake of the passage of the Dodd-Frank Act. As such, it has left companies universally unsure as to what types of activities are permitted and prohibited in their day-to-day business. Public officials, however, have been quick to applaud any and all efforts by the federal government and its numerous business regulatory bodies to restrain “unsavory” corporate practices – practices that the SEC, MSRB, CFTC, and other entities assert have contributed to the current economic downturn and led to the misappropriation of billions upon billions of dollars in taxpayer money. Over the next few months, we shall see if both trends continue and if the movement toward increas ed federal regulation of business conduct and political speech persists.

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Sunday, November 27, 2011

Prince George's County, Maryland Adopts a Different Approach to Pay-to-Play

As we’ve observed here a few times before, nothing gets a legislator in the mood for regulatory action like press accounts of one of their own getting busted for pocketing a few dollars in exchange for government largess. One could hardly second guess Prince George’s County, Maryland for following this predictable pattern. In this case however, the funds forming the catalyst for action weren’t “pocketed” - they were “bra’d”.


Last November, the Washington, DC area was somewhat titillated by news reports that Prince George’s County Executive Jack B. Johnson and his wife, Prince George’s County Councilwoman-Elect Leslie Johnson had been arrested by the FBI in connection with an investigation into allegations that certain real estate developers in Prince George’s County, Maryland were bribing public officials in exchange for official acts benefitting the developers and their companies. The FBI moved in, it was reported, when their wiretaps overheard Johnson instruct his wife to flush a developer’s check for $100,000 down the toilet and to conceal another $79,600 in cash in her bra.


Regardless of where the money went, the result was inevitable - pay-to-play legislation.

In an interesting symbiotic pairing, corrective legislation is moving through the Maryland General Assembly at precisely the same pace as Prince George’s County Council member Leslie Johnson moves through the Maryland criminal justice system. On March 25, 2011, the very day the Justice Department filed new criminal charges against Johnson for conspiracy to commit witness and evidence tampering, Maryland’s House of Delegates passed House Bill 614 in response to the Johnson episode.


What makes the Maryland legislation unique is the approach taken to remedy the harm inflicted on public confidence in local government. The easy approach would have been to enact feel-good prohibitions against developer interactions with county executives. Such legislation is easy to pass but is exceedingly difficult for well-meaning citizens to comply with and often does little to prevent the truly nefarious bad actors who simply “find another way”. As the team at CityEthics.org correctly observed, the problem in Prince George’s County was not as much with the private sector but rather an inadequate ethics program and unique powers to hold up development unless a payoff is made:


But there can be no pay-to-play without special powers. Developers only pay when they have to. And there can be no special powers without a very poor ethics environment. It's a vicious circle, and it appears that Prince George's County is caught up in it.


House Bill 614 goes a long way towards addressing these issues, and does so by placing limitations where they belong, on the county executives who are perceived to have abused their far-reaching powers for personal gain. According to the Washington Post the County has long housed “complaints that past councils have operated secretively, threatening developers that their plans would be held up indefinitely unless they offered concessions or hired an associate of a council member.” If signed into law, the current legislation will severely curtail the County Council’s ability to shelve development deals and enhance the County’s ethics commission by installing a full time executive director and require regular meetings.


This strikes us a sensible approach, targeted to address a clearly identified problem, that does not place undue hardships on the honest 99% in the private sector who have succeeded in keeping their knickers clean.

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Turning the Corner on the Big Roller Coaster Ride of BigLaw

Performance Fee Thresholds for Investors to be Raised by the SEC

High net-worth investors will enjoy lower fees?that is, if the Securities and Exchange Commission?s (SEC?s) proposed changes to performance based fees proceed as planned. The SEC intends to increase the dollar thresholds investors must meet before financial professional can charge them performance based fees. Currently, the thresholds are determined under two provisos of Rule 205-3 of the Investment Advisers [...]

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Los Angeles Passes its Pay-To-Play Ordinance

As we anticipated for you here last November, Angelenos have indeed passed into law an ordinance establishing pay-to-play restrictions in the City of Angels. If ever one needed a sense of the public sentiment towards pay-to play regulation, one need only look at the 75% -25% margin by which the measure passed. As anticipated, the Measure targeted a single class of campaign donors (City contractors) who are perceived to make their living procuring contracts greased by campaign contributions. The full Resolution - which you can count on approximately 5 people having actually read - can be found here.


As proposed, the ballot measure put before the public read:


Shall the Charter be amended to (1) restrict campaign contributions and fundraising by bidders on certain City contracts; require increased disclosure for bidders; and provide for bans on future contracts for violators; and (2) build upon the city's voter-approved campaign trust fund, which provides limited public matching funds for qualified city candidates who agree to spending limits, by lifting the maximum balance in the fund while allowing the LA City Council by a two-thirds vote to not make the annual appropriation and temporarily transfer funds to meet City budgetary obligations in certain emergency conditions?


Language like that is difficult to vote against. The Devil, as they say, is in the details. Specifically, as passed, the measure restricts contractors holding or seeking City contracts in excess of $100,000 from making campaign contributions to, or fundraising for, City officials (including the Mayor, the City Attorney, the Controller or a member of the City Council) or candidates to those offices. Second, the ordinance lifts the maximum balance on the City’s public finance vehicle - the Campaign Trust Fund.

This contribution ban extends not just to those authorized by the company to represent it in seeking or negotiating the contract, but also to the contractor’s Board Chairman, President, Chief Executive Officer, Chief Operating Officer, and anyone who holds more than a 20% ownership stake in the contractor.


As if these compliance challenges are not imposing enough for the well meaning corporation that might not have absolute control over the campaign contributions of its 21% minority owners, the new ordinance extends the ban to subcontractors and their officers if the subcontractor has a $100,000 interest in the City contract. While it is easy to perceive the logic that leads to such a prohibition, one can anticipate that the unintentional violations of this ordinance - and dramatic negative consequences - will be legion.


On the other hand, many argued against the measure on the ground that it does not go far enough in banning contributions and will simply drive unscrupulous contractors to measures that will evade disclosure altogether. A good example of such an argument can be found here.


Interestingly, the City taketh away just as it giveth. A third element of the ordinance provides that the City may, during “financial emergencies” (when do you anticipate LA won’t be laboring under a “financial emergency”?), borrow money from that trust fund without appropriating funds back in. Now that’s playing without paying!

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Wozniacki Sets Up Uggs Boots

Globe No. 1 Caroline Wozniacki and three-time champion Serena Williams both cruised into the semifinals of US Open on Thursday and had to face off for a final slot. Last year’s runner-up Vera Zvonareva, No. 2 seed, succumbed to Aussie Samantha Stosur in straight sets of 6-3, 6-3 in a quarterfinal. The 2009 US Open [...]

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Can Investment Advisors, Private Fund Managers, and their Employees Contribute to Governor Perry?

Last February, we posted an entry flagging potential concerns arising from the SEC’s new pay-to-play rules for investment advisors as applied to presidential candidates. Admittedly, at the time we were talking about Governors Haley Barbour and Mitch Daniels, but the same holds true now for Texas Governor Rick Perry.

The Compliance Building blog (Presidential Campaign Season and the SEC’s Pay-to-Play Rule) has just posted an excellent analysis of the issue. I highly recommend you check it out. As the blog notes:


 


“Registered Investment Advisors, private fund managers getting ready to register with Securities and Exchange Commission, and their employees need to be very cautious about making contributions to Governor Perry if they have a Texas state sponsored fund as a client or investor, or hope to have one as a client or investor in the next two years.”     


 


Transparency Alert: the author is campaign counsel to several federal candidates including former Speaker Newt Gingrich.

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Business custom funding

Trenton Update (To the Tune of "Suspicious Minds")

We brought Trenton to your attention here just a few days ago to highlight the potential pitfalls of “ban first, inquire later” pay-to-play enforcement. At the time, we observed that Trenton Mayor Tony Mack’s effort to rescind a pay-to-play ban was “procedurally murky”. The Trentonian apparently agreed and reported on the issue complete with a YouTube embed of Elvis singing “Suspicious Minds” as a musical accompaniment to its call that “[t]here is no reason for the City of Trenton to continue with another embarrassing decision made by a city council that lacks backbone.”


This call precipitated two immediate effects. First, it instilled great personal shame in myself for having failed to this point to accompany my entries with Elvis embeds. I resolve to remedy that.


Second, public pressure such as that brought to bear by The Trentonian has caused the law firm in question, Cooper Levenson, to terminate its contract with the city over the issue. A copy of the termination letter can be found here. Whether this result was warranted or appropriate, one should bear this little tune in mind before contributing in Trenton.


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Leased Instruments Delivered with only a Small Down Payment

World Prime Banks TOP 50 PRIME WORLD BANKS BANK NAME COUNTRY 1.    BNP Paribas SA, Paris FRANCE 2.    The Royal Bank of Scotland Group PLC, Edinburgh UK 3.    Credit Agricole SA, Paris FRANCE 4.    Barclays PLC, London UK 5.    Deutsche Bank AG, Frankfurt am Main GERMANY 6.    Industrial & Commercial Bank of China Limited, Beijing [...]

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ClientSpeak - GLI Delivers!

Nancy Grimes and the GLI team are wonderful to work with. My first experience with GLI was for one of our most difficult searches. Nancy took a significant amount of time working with both the partner in charge and the recruiting department to get a thorough understanding of what we were looking for and did [...]

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Smooth Sailing in 2011

Even the Government Turns to Recruiting Agencies To Find the Best Employees

Would you be surprised if I told you that a website which helps people find government jobs actually has a page that lists the names of executive search firms that can be approached for the jobs? You hardly expect government agencies to also depend on services of recruiting agencies, but it is nonetheless true.
Government Sectors [...]

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Saturday, November 26, 2011

Did Goldman Sachs Play an Unwholesome Role in the Recent Financial Crisis?

According to an article published by Reuters on June 2, 2011, Goldman Sachs has been subpoenaed by the Manhattan District Attorney?s Office for information regarding its role in events which precipitated the recent worldwide financial crisis. Earlier this year, the Wall Street Journal reported that the U.S. Department of Justice also plans to subpoena Goldman [...]

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Where Were the Lawyers?

Friday News (06.10.2011)

Despite the Texas Governor’s veto in late May of a bill that would have closed a major sales tax loophole for online retailers like Amazon.com, the Texas House of Representatives fires back by refusing to take the issue off the table. Another Austin-based company is about to go public.  That makes six (6) Austin companies to file for an IPO this year. Scary NY Times blog post on why Timothy Geithner, U.S. Treasury Secretary, may be operating on some misguided assumptions. The Economist suggests that

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SUCCESSFUL SELF-UNDERWRITTEN IPO?s

In order to do a Self-Underwritten initial public offering and be allowed to solicit investors, you must go public and file a registration statement with the SEC and follow other guidelines and procedures, which we assist you with. The president of our affiliate US. based law firm company is an experienced securities attorney so we [...]

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Atlanta Update: Cooler Heads Prevail

Atlanta’s Fulton County Commission met yesterday as predicted http://www.paytoplaylawblog.com/2011/08/articles/georgia/atlanta-takes-anothe... ">here to take up its latest pay-to-play resolution. 


Everyone’s dying to know what happened. 


Drum roll . . . It failed.

Interestingly, Fulton County’s Commission didn’t simply reject the resolution, they made sure to give the bill sufficient medical attention to permit the orderlies to wheel it in to the room where they could execute it properly and with finality. The Atlanta Journal Constitution reported on the gruesome course of events thusly:


 Fulton County commissioners didn't just reject Vice Chair Emma Darnell's proposal to limit contractors' donations to political campaigns. They killed it.


Darnell sought to prohibit any company or individual from bidding for county work if they have donated more than $500 to a commission candidate, or have given gifts to commissioners or county employees, during the past year.


The board opposed the plan 4-2, then, on a motion from Commissioner Tom Lowe, voted 4-2 to officially deny it so it can't be brought up again. Lowe called the idea stupid and bad for business


Not everyone sees the issue the same way. On the same day Fulton County was doing its work, the Brigantine Beach, New Jersey, City Council voted a strikingly similar piece of legislation onto the books. The Brigantine Beach ordinance, based largely on an Atlantic County, NJ, ordinance, and drafted with the assistance of the Atlantic County counsel, bans all professional contractor contributions one year before bidding and limits success ful bidders to $300 candidate contributions after that with aggregate total limit contributions from a corporation holding a city contract to no more than $2,500 annually.


The regulatory patchwork continues to be sewn together stitch by stitch with no sign of uniformity on the horizon.

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Using a Recruiting Agency to Find Your Company?s Board of Directors?

A lot of new entrepreneurs dislike the idea of having a board of directors. They feel it is akin to handing over their powers to a group of people who may or may not share their vision. They also fear losing control over their own business and feel threatened by a board of directors in [...]

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Aviation Recruitment: What Companies Must Know Before They Hire

A few years back, the aviation industry looked like it was in turmoil. Profits were dropping and it seemed impossible that all but the largest carriers would survive the phase. But, the upswing for the aviation industry has begun recently and as you may know most aviation companies are in the process of recruiting large [...]

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FINRA Expels Firm and Brokers Sanctioned

 Brewer Financial Services, LLC (CRD® #132558, Chicago, Illinois), Adam GaryErickson (CRD #3081286, Registered Principal, Chicago, Illinois) and Steven John Brewer (CRD #2214515, Associated Person, Chicago, Illinois)  submitted a Letter of Acceptance Waiver and Consent in which the firm was expelled from FINRA membership and Erickson and Brewer were barred from association with any FINRA member [...]

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Search Firms Know the Best Recruiting Techniques

In World War II, there was a need for Assessment Centers to identify those people among fresh recruits who were capable of handling critical jobs and heavy responsibilities. In today?s scenario, similar recruiting techniques are used by search firms to identify the best candidates for their clients? requirements. Just as finding the right people to [...]

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Costs Associated with Investing in Mutual Funds

If you?ve invested in mutual funds, you should know that taxes can affect your investment, sometimes significantly reducing your net returns. To completely avoid federal taxes, consider investments such as tax free municipal bonds. Also be aware that some mutual fund investments are more tax efficient than others. Below is some basic information regarding mutual [...]

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FHFA Files Lawsuits Against 17 Financial Institutions to Recoup Investor Losses

In its roles as conservator for Freddie Mac and Fannie Mae, the Federal Housing Finance Agency (FHFA) filed securities lawsuits against 17 financial entities in federal court as well as in the state courts of Connecticut and New York in early September 2011. In the lawsuits the FHFA alleges that the financial institutions, which range [...]

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Casinos for sale

      1. Las Vegas, City Center, Foreclosure, Note $4B, can be purchased for $1B +1% commission. $150-$200M down, Bank to hold the note with no payments for 1 year. We have a management company with 44 years experience that can make money. The place is only 6 months old. 2. Las Vegas foreclosure, [...]

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Friday, November 25, 2011

Legal Placement ? Some Do It Well?We Do It Right!!!!

Grimes Legal, Inc. (GLI) presents a unique approach among legal search firms, one which focuses on craftsmanship. We cover all disciplines within legal placement, which gives us the opportunity to work on a wide variety of projects. To us, effective recruiting is truly an art. It is the ability to be creative, to work outside [...]

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GLI SPOTLIGHTS CARLOS RIAZ

Carlos Riaz is the Project Coordinator for the New York, NY market. After graduating college with a degree in Human Resource Management, Carlos spent 4 years working in the HR department of a large law firm in New York. During his tenure in human resources, Carlos discovered his favorite aspect of the job was his [...]

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Prince George's County, Maryland Adopts a Different Approach to Pay-to-Play

As we’ve observed here a few times before, nothing gets a legislator in the mood for regulatory action like press accounts of one of their own getting busted for pocketing a few dollars in exchange for government largess. One could hardly second guess Prince George’s County, Maryland for following this predictable pattern. In this case however, the funds forming the catalyst for action weren’t “pocketed” - they were “bra’d”.


Last November, the Washington, DC area was somewhat titillated by news reports that Prince George’s County Executive Jack B. Johnson and his wife, Prince George’s County Councilwoman-Elect Leslie Johnson had been arrested by the FBI in connection with an investigation into allegations that certain real estate developers in Prince George’s County, Maryland were bribing public officials in exchange for official acts benefitting the developers and their companies. The FBI moved in, it was reported, when their wiretaps overheard Johnson instruct his wife to flush a developer’s check for $100,000 down the toilet and to conceal another $79,600 in cash in her bra.


Regardless of where the money went, the result was inevitable - pay-to-play legislation.

In an interesting symbiotic pairing, corrective legislation is moving through the Maryland General Assembly at precisely the same pace as Prince George’s County Council member Leslie Johnson moves through the Maryland criminal justice system. On March 25, 2011, the very day the Justice Department filed new criminal charges against Johnson for conspiracy to commit witness and evidence tampering, Maryland’s House of Delegates passed House Bill 614 in response to the Johnson episode.


What makes the Maryland legislation unique is the approach taken to remedy the harm inflicted on public confidence in local government. The easy approach would have been to enact feel-good prohibitions against developer interactions with county executives. Such legislation is easy to pass but is exceedingly difficult for well-meaning citizens to comply with and often does little to prevent the truly nefarious bad actors who simply “find another way”. As the team at CityEthics.org correctly observed, the problem in Prince George’s County was not as much with the private sector but rather an inadequate ethics program and unique powers to hold up development unless a payoff is made:


But there can be no pay-to-play without special powers. Developers only pay when they have to. And there can be no special powers without a very poor ethics environment. It's a vicious circle, and it appears that Prince George's County is caught up in it.


House Bill 614 goes a long way towards addressing these issues, and does so by placing limitations where they belong, on the county executives who are perceived to have abused their far-reaching powers for personal gain. According to the Washington Post the County has long housed “complaints that past councils have operated secretively, threatening developers that their plans would be held up indefinitely unless they offered concessions or hired an associate of a council member.” If signed into law, the current legislation will severely curtail the County Council’s ability to shelve development deals and enhance the County’s ethics commission by installing a full time executive director and require regular meetings.


This strikes us a sensible approach, targeted to address a clearly identified problem, that does not place undue hardships on the honest 99% in the private sector who have succeeded in keeping their knickers clean.

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Insurance Recruiters: Helping Your Company Hire Insurance Professionals

Unlike many other industries, the insurance industry is one industry that requires large numbers of highly skilled as well as qualified and certified people. In the current market scenario, this is translating into huge recruitment problems. There are many reasons for this. Some of the recruiting problems are discussed below and so are the solutions.
Types [...]

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The Record 2509 2008 U.S. Partner Laterals

Using a Recruiting Agency to Find Your Company?s Board of Directors?

A lot of new entrepreneurs dislike the idea of having a board of directors. They feel it is akin to handing over their powers to a group of people who may or may not share their vision. They also fear losing control over their own business and feel threatened by a board of directors in [...]

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