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The articles on our Web site include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice or as an expression of the views of the firm, its attorneys or any of its clients. We hope the articles spur discussion in the legal community with insight into the experience of the authors. We expressly reserve the right in the future to become wiser or simply change our mind.



Forensic Financial and Economic Consultants Articles

September 11, 2009

Auction Rate Securities and a Year and a Half of "Solutions": What If You Had More Than $10 Million Invested?

A significant amount of action has been taken to help investors who found themselves unable to sell their Auction Rate Securities holdings.
January 26, 2009

Trapped with Toxic Assets: Addressing Mortgage-Backed Securities and Other Mortgage-Related Securities Losses

The accelerated securitization of mortgage-backed securities (“MBS”) and other mortgage-related assets has created some of the most significant problems of the ongoing economic crisis. When investment banks and other financial institutions pooled numerous different assets, including highly risky sub-prime and Alt-A mortgages, and used them as collateral to create new, securitized financial assets, these assets eventually devalued to such a degree that they became so-called “toxic assets.”
January 2009

SFAS 157: What Is Its Purpose?

The SEC recently completed a study of fair value accounting including SFAS 157 as mandated by the Emergency Economic Stabilization Act of 2008. The SEC decided not to suspend use of SFAS 157, but rather suggested improvements to the application of SFAS 157. This article summarizes the purpose and application of SFAS 157 as well as the current positions of the FASB and the SEC.
December 29, 2008

Auction Rate Securities: Survey of Potential Remedies

On February 13, 2008, the estimated $350 billion auction rate securities market collapsed. The collapse left investors unable to liquidate an investment that most had originally chosen based upon its characterization as highly liquid, short-term, safe, and as a cash-equivalent
October 29, 2008

Fannie Mae and Freddie Mac Litigation Survey

Fannie Mae and Freddie Mac shareholders have seen the value of their holdings plummet to a few pennies on the dollar and are looking for ways to recover some of their losses including through litigation.
October 27, 2008

Proposed Changes to SFAS 5: Take Two

The Financial Accounting Standards Board (FASB) issued SFAS 5, Accounting for Contingencies, in March 1975 to address accounting for loss contingencies including potential losses from pending or threatened litigation. Recently, certain constituents expressed concerns that disclosures under SFAS 5 do not provide sufficient guidance and transparency as to the likelihood, timing and amounts of cash flows associated with loss contingencies.
September 2008 Credit Default Swaps: From Protection To Speculation

Credit Default Swaps: From Protection To Speculation

Pratt's Journal of Bankruptcy Law
2008

Home Mortgage Disclosure Act Data Spawn Lawsuits By Minorities and Cities

First Focus: A Subprime Crisis, a Thomson-West Report
Lawsuits claiming that minorities have been the recipients of a disproportionate share of subprime mortgages have been fueled by recent data that mortgage bankers made public. This trend is likely to continue, as the lending practices of other banks and lending institutions are scrutinized, and other municipalities attempt to recoup the loss of tax revenue and other costs association with the growing number of foreclosures.
February 2, 2006

Institutional Investors Do Need to Pursue Certain Securities Litigation

Robins, Kaplan, Miller & Ciresi L.L.P.
All securities litigation cases are not created equal. When securities litigation is segregated into different categories, it is clear that there are specific instances in which institutional investors should pursue litigation to recover assets.

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