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State AGs 
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AGs backing House investigation of SEC
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COLUMBUS, Ohio - Attorneys general Marc Dann of Ohio and Mark Shurtleff of Utah say the Securities and Exchange Commission has not been protecting investors and want to see more Congressional action.

The two co-authored a letter sent Friday to Reps. Barney Frank (D-Mass.) and Spencer Bachus (R-Ala.) of the House Committee on Financial Services and Sens. Christopher Dodd (D-Conn.) and Richard Shelby (R-Ala.) of the Senate Committee on Banking, Housing and Urban Affairs.

Dann and Shurtleff applauded the House committee's decision to hold an oversight hearing and urged the Senate to do the same.

"We are only five years removed from the scandals of Enron and Worldcom and yet many have forgotten the lessons those cases have taught," they wrote.

"There have been multiple reports and publications in the press recently, including the 'Commission on the Regulation of U.S. Capital Markets in the 21st Century Report' released by the United States Chamber of Commerce in March, that propose regulatory and legislative reforms that would effect sweeping changes to basic investor protections existing in the United States since 1934.

"While the SEC has not endorsed all of those proposals (and SEC Chairman Christopher Cox has thus far rejected the reports' calls to affirmatively amend the Sarbanes-Oxley Act), the SEC's actions-and inactions-regarding the way that law and other securities laws are implemented is a cause for alarm."

Among those alarming actions, according to Dann and Shurtleff, are:

-The SEC's submission of a brief in the U.S. Supreme Court case Tellabs, Inc. v. Makor Issues & Rights Ltd advancing an "extremely narrow interpretation of the securities laws";

-The SEC's opposition to the pro-investor position taken by the Second Circuit Court of Appeals in the case of American Federation of State, County and Municipal Employees, Employees Pension Plan v. American International Group, Inc.;

-Rather than scrutinizing investors' claims of recent backdating scandals, SEC commissioners issued remarks minimizing this clearly fraudulent practice ; and

-The SEC's consideration of rules that would allow companies to head off lawsuits by investors by changing its bylaws to mandate arbitration.

Dann and Shurtleff also wrote that it was defrauded investors who fought and won to protect investors' rights in recent corporate scandals -- "Private lawsuits are an important complement to the regulatory system," they wrote.



Filed Under: State AGs

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MORE NEWS HEADLINES:
+ Okla. AG defends his decision not to join mortgage settlement - 2/10   read more
+ Payday lender ruled in contempt of Wis. settlement - 2/10   read more
+ Bill limiting Miss. AG's authority dead for breaking rules - 2/10   read more
+ Vermont GOP wants Sorrell to look into possible union bullying - 2/10   read more
+ Madigan recovered more than $1M for workers in 2011 - 2/10   read more
+ Mass. AG recovered $5M from labor violations - 2/10   read more
+ Blog: Mortgage settlement not all that great - 2/9   read more
+ Report: Va. AG sues over health spa memberships - 2/9   read more
+ N.H. AG settles with PetSmart over cadmium allegations - 2/9   read more
+ Conn. utilities board rules for Jepsen's motion - 2/9   read more


IN THE SPOTLIGHT:
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Wednesday, February 08, 2012
PHILADELPHIA (Legal Newsline) - A roundtable of federal and state judges from across the country will convene at the posh Ritz Carlton on Feb. 9 to address topics such as "Can MDL's keep up with state court trial settings;" "Priority of deposition examination;" "State and federal cooperation;" and "Forum non conveniens."
Read more...


+ Study shows plaintiff bias in Philly courts - 2/6
+ Fannie Mae offers examples of routine dishonesty in its fight against lenders - 2/3
+ Quaker City courts have troubled history; some reject 'plaintiff-friendly' criticism - 1/31
+ Madison County asbestos docket feeds off intake firm referrals - 1/19
+ Torts conference set for Feb. 8 in Philly - 1/18
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