Securities
Securities ratings and the First Amendment
September 04, 2009 09:35 AM
Today’s Wall Street Journal reports on a federal district
court decision in the Southern District of New
York on Wednesday this week in which “U.S.
District Judge Shira Scheindlin ruled . . . in a
68-page opinion that the ratings of certain
securities -- those that were distributed to a
limited number of investors -- don't deserve the
same free-speech protection as more general
ratings of corporate bonds that were widely
disseminated.” According to the article, “[t]he
judge's decision is one of the first to
interpret the extent to which the firms can
expect First Amendment protection for their
ratings of certain securities, which have been
the focus of much litigation since the credit
crisis.”
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Condo-hotel unit as a "security"
August 05, 2009 08:44 AM
The Wall Street Journal
has an interesting article today about buyers of
condominiums in hotels filing lawsuits in which
they allege violations of securities laws by
condo-hotel developers. At issue is whether the
sale of a unit involves the sale of a “security.”