SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting.
Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94-409, that the Securities and Exchange Commission will hold an Open Meeting on Monday, May 5, 2008 at 10:00 a.m., in the Auditorium, Room L-002.
The subject matter of the Open Meeting will be:
- The Commission will hear oral argument on an appeal by Impax Laboratories, Inc. from an initial decision of an administrative law judge. Impax, a Delaware corporation, develops, manufactures, and distributes pharmaceutical products. Impax’s common stock is registered with the Commission pursuant to Section 12(g) of the Securities Exchange Act of 1934.
The law judge found that Impax had violated Exchange Act Section 13(a) and Exchange Act Rules 13a-1 and 13a-13 thereunder by failing to file its required quarterly and annual reports for any period after September 30, 2004. The law judge revoked the registration of Impax’s common stock.
Impax does not appeal the law judge's findings of violation. However, Impax does appeal the sanction imposed by the law judge.
Issues likely to be considered include whether the protection of investors requires revoking the Section 12(g) registration of Impax’s common stock.
- The Commission will also hear oral argument on an appeal by Robert Radano from an initial decision of an administrative law judge barring him from associating with any investment adviser. The law judge based his decision to impose a bar on Radano’s having been enjoined from future violations of (A) Sections 206(1) and (2) – the antifraud provisions – of the Investment Advisers Act, and (B) Investment Advisers Act Section 203(f), which prohibits investment advisers from associating with a barred individual. Issues likely to be considered include whether it is in the public interest to bar Radano from association with any investment adviser.
At times, changes in Commission priorities require alterations in the scheduling of meeting items.
For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact:
The Office of the Secretary at (202) 551-5400.
Florence E. Harmon
April 28, 2008