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Report: An analysis of Proposals to Restrict Institutional Ownership

Report: An analysis of Proposals to Restrict Institutional Ownership

Mar 31, 2019 | Capital Markets, Report

Part I of the Committee’s statement describes two proposals that would restrict institutional ownership of stocks: one offered by Professor Einer Elhauge1 (referred to herein as “Elhauge”) and another offered by Professors Eric Posner, Fiona Scott Morton and Glen Weyl...
Comment Letter to the CFTC on ICE Futures U.S., Inc.’s Proposed Amendment to its Order Execution Rule

Comment Letter to the CFTC on ICE Futures U.S., Inc.’s Proposed Amendment to its Order Execution Rule

Mar 14, 2019 | Capital Markets, Letter

On March 14 2019, the Committee submitted a comment letter to the Commodity Futures Trading Commission (“CFTC”) regarding a rule amendment certification filing by ICE Futures U.S., Inc. (“IFUS”) to amend its order execution rule. IFUS’ proposed rule amendment would...
Wall Street Journal Op-ed: The SEC’s Misguided Attack on Shareholder Arbitration

Wall Street Journal Op-ed: The SEC’s Misguided Attack on Shareholder Arbitration

Feb 21, 2019 | Capital Markets, Op-Ed

By HAL S. SCOTT Originally published by the Wall Street Journal on February 21, 2019. Jay Clayton, chairman of the Securities and Exchange Commission, announced earlier this month that the staff of his agency would allow Johnson & Johnson to block its shareholders...
Nothing But the Facts Statement: Restricting Stock Buybacks Would Harm Capital Markets

Nothing But the Facts Statement: Restricting Stock Buybacks Would Harm Capital Markets

Feb 19, 2019 | Capital Markets, Statement

Recent policy proposals put forth by several lawmakers have recommended curtailing public companies’ use of stock buybacks, arguing that the practice has constrained economic growth while unfairly enriching wealthy shareholders and executives. However, these proposals...
Nothing But the Facts Statement: Common Ownership – Theory Meets Reality

Nothing But the Facts Statement: Common Ownership – Theory Meets Reality

Jan 15, 2019 | Capital Markets, Statement

Today the Committee on Capital Markets Regulation submitted to the Federal Trade Commission a Nothing But The Facts (“NBTF”) statement on the evidence that common ownership of firms by investment funds managed by the same asset manager increases...
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