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The Role of Reg AB

June 14, 2010

By Paul Hastings Professional

The U.S. Securities and Exchange Commission (SEC) adopted Regulation AB to govern registration, disclosure and periodic reporting for public offerings of asset-backed securities (ABS), which have since become a multi-trillion dollar marker and played a role in the credit crisis.

Not surprisingly, asset-backed securities appear frequently in credit crisis-related litigation. Yet Regulation AB is virtually absent from the complaints and judicial decisions concerning ABS. Only recently has it returned to the front lines as the SEC considers revisions to this comprehensive regulation.

Given the scarcity of references, several questions loom: How can litigators apply this regulation to securities claims? How should courts interpret it? What effect will amendments to the regulation have on ABS-related litigation?

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