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Goldman Sachs Uses JOBS Act to Sidestep Volcker Rule

Evan Weinberger at Law360 is reporting that Goldman Sachs may have found a way around the Volcker Rule--the ban on proprietary trading by banks, which also prohibits sponsoring hedge funds and private equity funds--by using another controversial regulatory measure, the 2012 JOBS Act (of which we have spoken before):

By setting up an independent business development company in which it will hold a minority stake and limited leverage exposures, Goldman will be able to engage in at least limited...

Stockton California May Proceed with Chapter 9 Bankruptcy

Yesterday a federal judge in California ruled that, despite the objections of bondholders and bond insurers, the city of Stockton could proceed in the process of Chapter 9 bankruptcy. Stockton is a city of almost 300,000 located about 90 minutes east of SanFrancisco Stockton was hard hit by the housing bubble and saw a 16% decline (page 345 of the PDF) in general fund revenue from FY 2008-2009 to FY 2009-2010.

After facing "an immediate and severe fiscal crisis" in early 2012, Stockton became...

Eaton Vance, Transparency, and Exchange-Traded Managed Funds (ETMFs)

Eaton Vance (EV) made a splash yesterday when they announced an application with the SEC for approval of a new type of open-end fund they call "Exchange-Traded Managed Funds" or ETMFs. Since the announcement, several bloggers have commented on the implications of such products, such as Brendan Conway at Barrons and Olly Ludwig at IndexUniverse.

In August 2011, the Financial Times reported the uncovering of patents -- U.S. Patent Nos. 7,444,300, 7,689,501, 7,496,531, 8,131,621, 8,306,901 and...

SEC Litigation Releases: Week in Review - March 29th, 2013

SEC Charges California-Based Hedge Fund Analyst and Two Others with Insider Trading
March 26, 2013, (Litigation Release No. 22660)
Hedge fund analyst, Matthew Teeple, has been charged by the SEC for allegedly trading on material non-public information regarding Brocade Communication Systems Inc.'s 2008 acquisition of Foundry Networks, Inc. According to the SEC, Teeple received the information from Foundry's chief information officer, David Riley, and then caused the "hedge fund advisory firm...

TD Ameritrade Data Suggests Retail Investors Use ETFs in 'Sophisticated Ways'

Exchange-traded funds (ETFs) are increasingly popular among retail investors. ETFs tend to have lower expense ratios than comparable mutual funds, and can be traded intraday like stock, giving them a comparable advantage that has proven attractive. The number of ETF issuers has grown, and that competition has driven down prices in what has become known in the financial press as the "ETF Fee War".

TD Ameritrade has produced an infographic that shows how their clients use ETFs, and the results...

JP Morgan's New Incarnation of Non-Agency RMBS Weakens Provisions from Pre-Crisis Version

Last week, the Wall Street Journal covered the first non-agency residential mortgage-backed security (RMBS) offering from JP Morgan since the financial crisis. This particular RMBS is a collateralized mortgage obligation (CMO) which is "supported by 752 jumbo mortgage loans [...] made to borrowers with high credit scores and with about 35% of their own money in a down payment for the property." JP Morgan originated nearly half of the mortgage pool (48%) and First Republic Bank originated...

SPIVA Scorecard Year-End 2012

S&P Dow Jones Indices recently released their year-end 2012 report comparing the performance of actively managed mutual funds against their benchmark indices (we covered the year-end 2011 report previously). The S&P Indices Versus Active Funds (SPIVA) Scorecard once again shows that, for the most part, mutual funds tend to underperform their benchmarks:

The year 2012 marked the return of the double digit gains across all the domestic and global equity benchmark indices. The gains passive...

SEC Litigation Releases: Week in Review - March 22nd, 2013

Fake Hedge Fund Manager Sentenced to 40 Months in Prison
March 20, 2013, (Litigation Release No. 22655)
Andrey C. Hicks was sentenced to "40 months in prison in connection with criminal charges...[of] committing wire fraud, attempting to commit wire fraud, and aiding and abetting wire fraud." Hicks was also "ordered to pay $2.3 million in restitution." In 2011, the SEC charged Hicks and his investment advisory firm, Locust Offshore Management, LLC, "with misleading prospective investors about...

US Supreme Court Rules on Class Action Fairness Act

Yesterday, Justice Breyer delivered the unanimous US Supreme Court decision in the matter of "The Standard Fire Insurance Co. v. Greg Knowles." The decision could be significant for investors involved in securities class action suits, which often involve specific claims as to the total damage suffered by class members. In particular, it will likely mean that more of those cases will be handled by federal rather than state courts.

The case revolved around a particular section of the Class...

Barclays' Structured Product Linked to a Basket of ETFs and Indexes

RISK.net recently posted an article entitled "IWM urges investors to think about risk-adjusted returns" in the structured products portion of their website. The article describes in detail a Barclays product for which Institute for WealthManagement, LLC (IWM) served as the basket selection agent. Interestingly, the basket is composed mostly of ETFs, which have been appearing in structured products more frequently as the ETF industry itself has become more mature. IWM's Matt Medeiros talked...

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