Silesian-American Corporation (SACO) was registered as a corporation in Delaware in 1926 to assume ownership of the Giesche Spolka Akcyjna (Giesche) that was registered as a corporation in Katowice, Poland earlier during the interwar period. SACO gave substantial loans to Giesche’s Erben by selling $15,000,000 collateral trust sinking fund bonds that would mature on August 1, 1941. Giesche was that part of the holdings of the German corporation Bergwerksgesellschaft Georg von Giesche's Erben that were in the previously German controlled Upper Silesia territory with the re-established Poland.
The Public Utility Holding Company Act of 1935 (PUHCA), also known as the Wheeler-Rayburn Act, was a US federal law giving the Securities and Exchange Commission authority to regulate, license, and break up electric utility holding companies. It limited holding company operations to a single state, thus subjecting them to effective state regulation. It also broke up any holding companies with more than two tiers, forcing divestitures so that each became a single integrated system serving a limited geographic area. Another purpose of the PUHCA was to keep utility holding companies engaged in regulated businesses from also engaging in unregulated businesses. The act was based on the conclusions and recommendations of the 1928-35 Federal Trade Commission investigation of the electric industry. On March 12, 1935, President Franklin D. Roosevelt released a report he commissioned by the National Power Policy Committee. This report became the template for the PUHCA. The political battle over its passage was one of the bitterest of the New Deal, and was followed by eleven years of legal appeals by holding companies led by the Electric Bond and Share Company, which finally completed its breakup in 1961.
Securities regulation in the United States is the field of U.S. law that covers transactions and other dealings with securities. The term is usually understood to include both federal and state-level regulation by governmental regulatory agencies, but sometimes may also encompass listing requirements of exchanges like the New York Stock Exchange and rules of self-regulatory organizations like the Financial Industry Regulatory Authority (FINRA).
The North American Company was a holding company incorporated in New Jersey on June 14, 1890, and controlled by Henry Villard, to succeed to the assets and property of the Oregon and Transcontinental Company. It owned public utilities and public transport companies and was broken up in 1946, largely to comply with the Public Utility Holding Company Act of 1935.
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally.
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), is a US employment law case by the United States Supreme Court regarding the burdens and nature of proof in proving a Title VII case and the order in which plaintiffs and defendants present proof. It was the seminal case in the McDonnell Douglas burden-shifting framework.
Securities and Exchange Commission v. Chenery Corporation, 332 U.S. 194 (1947), is a United States Supreme Court case. It is often referred to as Chenery II.
The PHH Corporation is an American financial services corporation headquartered in Mount Laurel, New Jersey which provides mortgage services to some of the world's largest financial services firms. PHH is the biggest U.S. outsourcer of home loans, processes and originates mortgages on behalf of small banks and some of the world's largest financial firms, including Morgan Stanley and HSBC Holdings Plc. On October 4, 2018 Ocwen Financial completed its acquisition of PHH Corporation and PHH is now a wholly owned subsidiary of Ocwen Financial Corp.
United States corporate law regulates the governance, finance and power of corporations in US law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in company shares and governance rights, found mostly in the Securities Act of 1933 and the Securities and Exchange Act of 1934, as amended by laws like the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act. The US Constitution was interpreted by the US Supreme Court to allow corporations to incorporate in the state of their choice, regardless of where their headquarters are. Over the 20th century, most major corporations incorporated under the Delaware General Corporation Law, which offered lower corporate taxes, fewer shareholder rights against directors, and developed a specialized court and legal profession. Nevada has attempted to do the same. Twenty-four states follow the Model Business Corporation Act, while New York and California are important due to their size.
Lloyd Corp. v. Tanner, 407 U.S. 551 (1972), was a United States Supreme Court ruling that the passing out of anti-war leaflets at the Lloyd Center in Portland, Oregon, was an infringement on property rights. This differed from Marsh v. Alabama (1946) and Amalgamated Food Employees Union v. Logan Valley Plaza (1968) in that Marsh had the attributes of a municipality and Logan Valley related to picketing a particular store, while the current case, the distribution of leaflets, is unrelated to any activity in the property.
Dean Witter Reynolds Inc. v. Byrd, 470 U.S. 213 (1985), is a United States Supreme Court case concerning arbitration. It arose from an interlocutory appeal of a lower court's denial of brokerage firm Dean Witter Reynolds' motion to compel arbitration of the claims under state law made against it by an aggrieved former client. The Court held unanimously that the Federal Arbitration Act required that those claims be heard that way when the parties were contractually obligated to do so, even where parallel claims made under federal law would still be heard in federal court.
Securities and Exchange Commission v. Chenery Corporation may refer to:
North American Co. v. Securities and Exchange Commission, 327 U.S. 686 (1946), is a United States Supreme Court case holding that a Securities and Exchange Commission (SEC) order under the Public Utility Holding Company Act (PUHCA) directing a public utility holding company to divest its securities of all companies except for one electric company did not violate the Commerce Clause or the Fifth Amendment to the United States Constitution.
Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court held, 8–0, that the jurisdictional test established by §27 of the Securities Exchange Act of 1934 is the same as 28 U.S.C. § 1331's test for deciding if a case "arises under" a federal law.
The Electric Bond and Share Company (Ebasco) was a United States electric utility holding company organized by General Electric. It was forced to divest its holding companies and reorganize due to the passage of the Public Utility Holding Company Act of 1935. Following the passage of the Act, the U.S. Securities and Exchange Commission (SEC) selected the largest of the U.S. holding companies, Ebasco to be the test case of the law before the U.S. Supreme Court. The court case known as Securities and Exchange Commission v. Electric Bond and Share company was settled in favor of the SEC on March 28, 1938. It took twenty-five years of legal action by the SEC to break up Ebasco and the other major U.S. electric holding companies until they conformed with the 1935 act. It was allowed to retain control of its foreign electric power holding company known as the American & Foreign Power Company (A&FP). After its reorganization, it became an investment company, but soon turned into a major designer and engineer of both fossil fuel and nuclear power electric generation facilities. Its involvement in the 1983 financial collapse of the Washington Public Power Supply System's five nuclear reactors led to Ebasco's demise because of the suspension of nuclear power orders and lawsuits that included numerous asbestos claims. The U.S. nuclear industry stopped all construction of new facilities following the 1979 nuclear meltdown at Three Mile Island, going into decline because of radiation safety concerns and major construction cost overruns.
Chenery is a surname. Notable people with the surname include:
Bowen v. Georgetown University Hospital, 488 U.S. 204 (1988), was a case in which the United States Supreme Court held that agencies should not be presumed to have the power to promulgate retroactive rules unless that power is expressly authorized by Congress. Justice Anthony Kennedy wrote for a unanimous court that the Secretary of Health and Human Services had exceeded his rulemaking authority under the Medicare Act in promulgating a wage index rule in 1984 under which he would recoup Medicare reimbursements paid to hospitals, including Georgetown University Hospital, that had been disbursed since 1981 according to the pre-1984 rule. Justice Antonin Scalia concurred in the judgment, writing separately that, in addition to the particular language of the Medicare Act, the Administrative Procedure Act more broadly prohibits retroactive rulemaking because it defines rules as having exclusively future effect, as opposed to adjudicative orders.
Electric Bond Share Company v. Securities & Exchange Commission, 303 U.S. 419 (1938), was a United States Supreme Court case in which the court upheld the constitutionality of the Public Utility Holding Company Act of 1935.
Axon Enterprise, Inc. v. Federal Trade Commission, 598 U.S. ___ (2023), was a United States Supreme Court case related to administrative law.
Federal Express Corp. v. Holowecki, 552 U.S. 389 (2008), was a case decided by the Supreme Court of the United States on February 27, 2008. The ruling provided guidance on what would constitute an adequate filing under the Age Discrimination in Employment Act of 1967 (ADEA).
