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Question
The most important elements for violation of Rule 10b-5 of the 1933 Securities Act are misstatement or omission of material fact and negligence.
Answer
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For _____, cost justification is the primary statutory defense to liability under Section 2(a) of the Robinson-Patman Act.
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Bill didn't exactly fit in at the XYZ Corporation. First, Bill lost out on a promotion because a female co-employee was having sexual relations with their mutual boss and for that reason got the promotion instead. Later, Bill was denied a raise because he refused to have sex with his male supervisor. Still later, Bill was fired when he refused to have a sexual relationship with the firm's female CEO. Bill sues XYZ for sexual harassment, citing all three incidents. Across the 50 states, for which of the incidents is he most likely to recover? Why?
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There are three major defenses to price discrimination under the Robinson-Patman Act.
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Individuals convicted of a RICO (Racketeer Influenced and Corrupt Organizations Act) violation may be:
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C. fined up to $150,000 without an imprisonment.
D. fined up to $250,000 and imprisoned up to 20 years.
Q:
The maximum penalty for a criminal violation of the 1933 Act is a:
A. $20,000 fine and one year imprisonment.
B. $10,000 fine and five years' imprisonment.
C. $20,000 fine and five years' imprisonment.
D. $10,000 fine and one year imprisonment.
Q:
Nast Corp. orally engaged Baker & Co., CPAs, to audit its financial statements. The management of Nast informed Baker that it suspected the accounts receivable were materially overstated. Although the financial statements audited by Baker did, in fact, include a materially overstated accounts receivable balance, Baker issued an unqualified opinion. Nast relied on the financial statements in deciding to obtain a loan from Century Bank to expand its operations. Nast has defaulted on the loan and has incurred a substantial loss. If Nast sues Baker for negligence in failing to discover the overstatement, Baker's best defense would be that:
A. Baker did not perform the audit recklessly or with an intent to deceive.
B. Baker was not in privity of contract with Nast.
C. Baker performed the audit in accordance with generally accepted auditing standards.
D. Nast orally engaged Baker and no engagement letter had been signed by Baker.
Q:
In which of the following contexts is a professional most likely to experience a nonclient action?
A. An accountant who prepares and audits financial statements of companies.
B. A consultant who gives advice to companies for improving performance.
C. A securities broker who provides investment advice to retail investors.
D. An attorney who advises companies on corporation and business laws.