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Public Company line Oversight Board; Multi-level protection of executive officers from removal is contrary to Article II of the Constitution's vesting of the executive commonwealth in the President; Sarbanes-Oxley; inferior officers Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Thomas; once services provided by shareholders and their counsel result in a financial benefit to the corporation, they are entitled to a fair fee. Underwriters performing a due-diligence investigation of two slave offerings by World Com, had a limited number of conversations with the stock institution and its auditor, made only passing inquiries, failing to look trailing formulaic answers to questions. First Derivative Traders; For purposes of Rule 10b-5, the almighty of a false statement is the person who has the ultimate authority all over the statement, including content and distribution. breakaway source belief applies to both evidence obtained for the first minute during independent lawful search, and also to evidence ab initio discovered during, or as result of unlawful search, but later observed independently. A buyer of goods, who gives value for the goods and receives them after the official document of title is issued, takes the goods free of a security interest formed in another jurisdiction. Patchak; suits under the APA mouldiness fill both Article III's slack necessity and be arguably within the zone of interests secure or regulated by the violated statute. Harris; Amending agency interpretation; when agency gives regulation a definitive agency interpretation, key revisions require notice and comment low the APA. Duff & Phelps, Inc.; If a closely command company withholds from an employee-stockholder material information more or less possible increases in stock value in breach of its fiduciary duty, the employee-stockholder may be entitled to damages. M & F global Corp.; mercantilism judgment standard of review governs exploit private mergers with a controlling investor if nonparasitic special committee and informed vote of a majority of the nonage stockholders. Oklahoma spirituous Beverage law Enforcement Commission; the character of concern entity chosen may affect the types of business that can be conducted by the entity if it affect the licenses the entity may obtain. Ritter; In the time interval of red flags alertness business firm directors to misconduct, good faith is rhythmical by the directors' actions to assure that a reasonable reporting and information system exists. Underwriters performing a due-diligence investigation of two bond offerings by World Com, had a limited turn of conversations with the stock institution and its auditor, made only careless inquiries, unsuccessful to look behind conventional answers to questions. Colkitt; Under § 29(b) of the Securities Act of 1934, party may overturn contract that, when made or as performed, violates agent securities laws; convertible debenture; debenture; rescission; scienter. general Australia Bank, Ltd.; theme matter jurisdiction in a cheat case exists if conduct in the United States was more than merely preparatory to fraud, and directly caused losses to naturalized investors abroad; extraterritorial jurisdiction Business Roundtable v. WPCS Int'l Inc; A beneficial owner's acquiring of securities now from an issuer, at the issuer's subject matter and with the board's approval, is a "purchase" of those securities below Section 16(b). Right against human incrimination; right to counsel. Administrative Prodecure Act National Park Hospitality Ass'n v. Ahmanson & Co.; Majority shareholders experience a fiduciary responsibility to the minority and to the corporation to power the firm in a fair, just, and equitable manner. Under the safe-harbor provision of 27A of the Securities and Exchange Act, forward-looking statements must be accompanied by meaningful cautionary statements that adequately identify important factors that could cause actual results to differ. SEC; The Securities and Exchange Commission must consider efficiency, competition, and capital formation, and failure makes promulgation of the proposed construct discretional and capricious. accused who expresses a desire to business deal only through counsel does not waive that exact just by responding to added police-initiated speculative unless accused initiates promote communication. A security pastime may attach if the debtor has rights in the collateral, but at that place is no requirement that the debtor own the collateral.
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