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Regulators probe fund-of-funds firms in sweep
Stock Market News | 2010/09/10 10:26

Securities regulators are probing "fund-of-funds" firms that channel investors' money into hedge funds, looking at supervision of client assets and potential conflicts of interest, according to a person familiar with the matter.

The probe is part of a sweep of about a dozen firms by the U.S. Securities and Exchange Commission's Office of Compliance Inspections and Examinations, the source said, declining to be named because they were not authorized to speak to the media.

An SEC spokesman declined to comment.

The move is one of the SEC's broadest examinations yet of the fund-of-funds industry, which manages some $735 billion in assets, according to hedge fund data tracker InvestHedge.

Fund-of-funds firms typically collect fees of 1 to 2 percent and hand over investors' money to multiple hedge fund managers that they claim to carefully select. The industry has come under scrutiny in the past few years after several firms faced huge losses from investing with convicted Ponzi schemer Bernard Madoff.

The SEC inquiry, first reported by The Wall Street Journal on Friday, will investigate whether the firms are properly supervising their clients' money and working to avoid potential conflicts of interest.

The newspaper said the SEC's initial inquiry involved mid-sized fund-of-funds firms overseeing $100 million to $15 billion in assets, and that it could be expanded to include alternative investment advisers focused on private equity and other registered advisers catering to pension funds. The Journal cited people familiar with the matter.



EBay stake in Craigslist restored but no board seat
Topics in Legal News | 2010/09/10 02:26
A judge on Thursday reinstated eBay Inc's 28.4 percent stake in Craigslist, but allowed the classifieds site to keep eBay off its board.

The mixed ruling in Delaware's Chancery Court gave no clear victory to either of the companies, whose relationship turned from cozy to competitive and ended up in court in 2008.

Still to be litigated is a lawsuit Craigslist filed in San Francisco against eBay alleging its larger rival used its board seat to glean confidential information about the classified ad business.

EBay sued its smaller rival in 2008, claiming a rights plan Craigslist adopted diluted eBay's stake from 28.4 percent to 24.85 percent.

"More fortunate than Goliath, eBay leaves this field with only a gash across its forehead; less fortunate than David, Craigslist leaves this field with something less than total victory," wrote Chancellor William Chandler III of Delaware's Court of Chancery in his opinion.

EBay, which has estimated Craigslist's value at several billions of dollars, has always maintained that the courts would reinstate its true stake.

Craigslist, meanwhile, has been anxious to protect its decision-making and trade secrets after eBay launched a competing ad site, and Thursday's ruling will keep eBay out of the classified company's boardroom.

EBay claimed victory in a statement released on Thursday which did not mention the board seat.

"EBay brought this suit to protect its own shareholders and preserve its valuable investment in Craigslist," it said.



Menzer & Hill, P.A. Announces Investigation
Legal Focuses | 2010/09/09 07:28
The Securities Arbitration Firm of Menzer & Hill, P.A. Announces Investigation Into The Sales Practices Of Broker-Dealers That Solicited Purchases of Inverse and Leveraged Exchange-Traded Funds (ETFs)

The Securities Arbitration Firm of Menzer & Hill, P.A. (www.suemyadvisor.com) announced today that it is investigating the sales practices of brokerage firms that solicited investors to buy leveraged and inversed Exchanged-Traded Funds (“ETFs”). Many brokerage firms, through their financial advisors, are soliciting purchases in these securities as investments, with holding periods longer than one day, while others are recommending option strategies on the underlying ETFs. The Financial Industry Regulatory Authority (“FINRA”), stated in a Regulatory Notice, sent to brokerage firms June 2009, that leveraged and inverse ETFs are “highly complex financial instruments” and “are typically not suitable for retail investors who plan to hold them for more than one trading [day], particularly in volatile markets.” Brokerage firms that failed to adhere to suitability requirements could be held liable to investors that sustained losses in solicited purchases of leveraged and inverse ETFs as a result.

Investors that have purchased leveraged or inverse ETFs through a brokerage account or managed account offered by Merrill Lynch, a subsidiary of Bank of America (NYSE:BAC), Morgan Stanley Smith Barney (NYSE:MS), Wells Fargo Advisors (NYSE:WFC), Ameriprise Financial (NYSE:AMP), UBS (NYSE:UBS), LPL Financial, Raymond James (NYSE:RJF), Edward Jones, or other brokerage firms and have sustained losses should contact the attorneys at the Securities Arbitration Firm of Menzer & Hill, P.A. to determine if they have a claim for a recovery of losses.

Leveraged and inverse ETFs can be volatile and investors may have realized or unrealized losses in the following ETFs year to date, including but not limited to:

DRV down 63% (NYSEArca: DRV);
TMV down 46% (NYSEArca: TMV);
VXX down 44% (NYSEArca: VXX);
SRS down 43% (NYSEArca: SRS);
ZSL down 42% (NYSEArca: ZSL);
GAZ down 38% (NYSEArca: GAZ);
TZA down 36% (NYSEArca: TZA);
UNG down 35% (NYSEArca: UNG);
TBT down 34% (NYSEArca: TBT);
FAZ down 29% (NYSEArca: FAZ); and
UCO down 28% (NYSEArca: UCO).

For a free case evaluation or to discuss any other investment losses, please contact the Securities Arbitration Firm of Menzer & Hill, P.A., at 888-923-9223, or visit us on the web at www.suemyadvisor.com.

Menzer & Hill, P.A.
Gary Menzer, 888-923-9223
www.suemyadvisor.com



Stocks continue rally after drop in jobless claims
Stock Market News | 2010/09/09 05:31
Stocks were set to extend their September rally Thursday after another report indicated modest improvements in the job markets.

The Labor Department said the number of people requesting unemployment benefits for the first time fell to the lowest level in two months, adding to signs that employers aren't resorting to staff cuts as economic growth slows.

First-time claims fell to 451,000 last week from a revised 478,000 a week earlier. Economists had been expecting claims to fall to 470,000, according to Thomson Reuters.

Claims are still at levels that indicate the jobs market is weak and rapid hiring isn't likely anytime soon. But investors have taken solace in recent improvements in employment data that suggest the economy will continue to grow slowly during the rest of the year. Traders concerned about the potential for the economy falling back into recession drove stocks lower throughout August.

But stocks have rallied since the beginning of the month as economic indicators, including the Labor Department's monthly employment report, have been better than forecast.

Employment reports have become investors' primary focus recently because without robust hiring, the economy is likely to remain sluggish. People worried about their jobs have cut back on spending, which further slows the recovery. When the economy is growing rapidly and companies are hiring, weekly requests for unemployment benefits fall below 400,000.

Ahead of the opening bell, Dow Jones industrial average futures rose 54, or 0.5 percent, to 10,446. Standard & Poor's 500 index futures rose 7.20, or 0.7 percent, to 1,106.50, while Nasdaq 100 index futures rose 13.50, or 0.7 percent, to 1,891.00.

That Dow has gained 3.7 percent since the beginning of September. Stocks have climbed all but one day so far this month. Major indexes took a pause from the recent rally on Tuesday when worries about European government debt problems flared up early in the week.

After some European nations successfully auctioned new debt this week, those worries have dissipated. European markets got an additional lift after the U.S. jobs report. Britain's FTSE 100 rose 1.1 percent, Germany's DAX index gained 0.8 percent, and France's CAC-40 rose 1.2 percent.

There were concerns during the spring that mounting European debt would stunt a global recovery. Stocks fell sharply through much of the spring because of those worries.

Meanwhile, bond prices traded in a tight range. The yield on the 10-year Treasury note, which moves opposite its price, rose to 2.68 percent from 2.66 percent late Wednesday. Its yield is often used to help set interest rates on mortgages and other consumer loans.



Statman, Harris & Eyrich, LLC Announces Class Action
Securities Class Action | 2010/09/09 02:29

The law firm of Statman, Harris & Eyrich, LLC, which has significant experience in class actions, announced today that a class action has been filed against Almost Family Inc. ("Almost Family" or the "Company") for potential violations of state and federal law. The class action was filed on behalf of purchasers of stock during the period of November 4, 2009 -- June 30, 2010 (the "Class Period").

Almost Family, together with its subsidiaries, provides home health services in the United States, operating through two segments, Visiting Nurse and Personal Care.

The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company's operations and its business and financial results and outlook. Defendants misled investors by failing to disclose that: (i) the Company was deliberately increasing the number of unnecessary home therapy visits in order to receive increased Medicare reimbursements; and (ii) as a result of defendants' conduct, the Company's reported sales and earnings were materially inflated. As a direct result of defendants' false statements, Almost Family's common stock traded at artificially inflated prices during the Class Period, reaching a high of $43.96 per shares on April 29, 2010.

On April 26, 2010, the Wall Street Journal ("WSJ") reported that certain home health providers intentionally increased the number of in-home therapy visits to patients to coincide with higher reimbursement rates through Medicare. According to the WSJ article, the percentage of Almost Family patients receiving 10 visits dropped by 39% from 2007 to 2008, when the 10 visit reimbursement bonus was eliminated from Medicare in January 2008.

As a result of the WSJ article, the Company has come under intense scrutiny, including an inquiry by the United States Senate Finance Committee. On July 1, 2010, Almost Family announced that it had been notified that the Securities and Exchange Commission ("SEC") had launched a formal investigation of the Company. Almost Family also announced that it had received a subpoena from the SEC seeking documents related to the Company's "home health care services and operations, including reimbursements under the Medicare home health prospective payment system, since January 1, 2000." As a result of this negative news, Almost Family's common stock fell $3.88 per share or 11.11%, on July 1, 2010, on high volume.

If you purchased shares of Almost Family during the Class Period, you have until October 4, 2010 to ask the Court to appoint you as lead plaintiff for the class. If you would like more information about your shareholder rights, contact attorneys Melinda Nenning or Elizabeth Hutton for further information without any obligation or cost to you at (513) 345-8181, Ext. 3095, or by email at mnenning@statmanharris.com or ehutton@statmanharris.com.

Statman, Harris & Eyrich, LLC has offices in Chicago, Illinois; Cincinnati, Ohio; Dayton, Ohio; and Sarasota, Florida. www.statmanharris.com



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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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