Comments by Forty-Two Law Professors:
SEC Study on Extraterritorial Private Rights of Action
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Prepared by Frank Partnoy, and 41 other law professors.
In the aftermath of the financial crisis, one crucial question has been whether investors can recover for securities fraud if they are induced to trade by fraudulent activity in the U.S. but their trades do not take place on a U.S. exchange. Simply put, can investors who are defrauded in the U.S. recover if they trade securities outside the U.S.? In 2010, the Supreme Court said no, and Congress directed the Securities and Exchange Commission to study whether the Supreme Court was wrong. On February 18, 2011, Professor Frank Partnoy submitted an 18-page response to the SEC on behalf of himself and 41 other law professors.
Call for Evidence – Auditors:
Market Concentration and Their Role
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Prepared by Mary Hartman Morris, Investment Officer, Global Equity, CalPERS, and by Cynthia L. Richson, Co-director of the Center for Corporate and Securities Law at USD School of Law
A comment for the Clerk to the Economic Affairs Committee of the United Kingdom House of Lords on a call for evidence on the concentration of auditors and the critical role they play in maintaining the integrity of financial reporting.
Rethinking Regulation of Credit Rating Agencies:
An Institutional Investor Perspective
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Prepared by Frank Partnoy, George E. Barrett Professor of Law and Finance, Director of the Center on Corporate and Securities Law, University of San Diego School of Law
White paper commissioned by the Council of Institutional Investors for the purpose of educating its members, policymakers, and the general public about important credit rating agency regulation proposals and their potential impact on investors.
Bring Transparency to Off-Balance Sheet Accounting
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Prepared by Frank Partnoy and Lynn E. Turner
Abusive off-balance sheet accounting was a major cause of the financial crisis. These abuses triggered a daisy chain of dysfunctional decision-making by removing transparency from investors, markets, and regulators. Off-balance sheet accounting facilitated the spread of the bad loans, securitizations, and derivative transactions that brought the financial system to the brink of collapse.