J Scott Colesanti

August 17, 2023 | New York Law Journal

This article highlights Elon Musk's tweets and the SVB regional bank disaster while questioning the continued utility of traditional form filings designed to update investors.

By J. Scott Colesanti

9 minute read

July 31, 2019 | New York Law Journal

The Securities and Exchange Commission, the multibillion dollar agency that safeguards investors, presently stands on the precipice of the layer Dante reserved for the indecisive. For, nearly a decade after Bitcoin burst onto the scene in 2010, there has been no concrete attempt at delineating purchaser from investor in the cryptocurrency market—indeed, it appears the agency is content to provide guidance regarding fraud and custody rather than defining products and attendant responsibilities for those soliciting funds for digital conversion.

By J. Scott Colesanti

9 minute read

August 24, 2018 | New York Law Journal

Fans of market “fairness” at any intellectual cost can rejoice that a difficult hodgepodge of statutes, regulations, and common law wizardry can be expediently cobbled together to charge those who appear to flaunt their privileged status.

By  J. Scott Colesanti

9 minute read

March 14, 2008 | New York Law Journal

J. Scott Colesanti, a special professor at the Hofstra University School of Law, anaylzes a recent opinion by New York State Supreme Court Judge Charles Ramos dismissing a civil suit against the NYSE and its CEO rested upon the defendants' successful assertion of the equitable in pari dilecto defense. Citing to both federal and state cases, civil and criminal holdings, as well as NYSE rules, that decision disclosed some novel interpretations of authorities governing federal insider trading law.

By J. Scott Colesanti

13 minute read

August 18, 2009 | New York Law Journal

J. Scott Colesanti, an assistant professor at Hofstra University School of Law, writes: Concerning securities regulation, the White House's proposed regulatory reform continues two time-honored trends: focusing on the monitors at the top (like the SEC), and specifically addressing those issues most readily blamed by an electorate (like over-extension of capital). While the reform's concentration of power in the Federal Reserve has garnered a fair share of critical press, what has been perhaps overlooked is how little the reform adds to previously proposed protections for ordinary stock market participants; stated more bluntly, the reform - while a broad map embodying careful political compromises - arguably offers retail investors less theoretical protections than did the prior administration.

By J. Scott Colesanti

11 minute read

February 25, 2009 | Corporate Counsel

All comments solicited as part of the Securities and Exchange Commission rule-making process are recorded, categorized and displayed on the SEC's Web site, thus providing a tale of each rule from proposal through implementation. And those rule-making histories reveal the SEC's undeniable contributions to two aggravating factors in the continuing economic crisis: failures to eliminate pernicious short selling and to address conflicts at the credit ratings agencies, says law professor J. Scott Colesanti.

By J. Scott Colesanti

11 minute read

February 20, 2009 | New York Law Journal

J. Scott Colesanti, an assistant professor at Hofstra University School of Law, writes that all comments solicited as part of the SEC's rule-making process are recorded, categorized and displayed on the SEC's Web site, thus providing a tale of each rule from proposal through implementation. And those rule-making histories reveal the SEC's undeniable contributions to two aggravating factors in the continuing economic crisis: failures to eliminate pernicious short selling and to address conflicts at the credit ratings agencies. In these areas, the SEC was expressly advised - even begged - by the public in recent years to implement wholesale changes, but proved as myopic as the market it was sworn to protect.

By J. Scott Colesanti

11 minute read