Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 13 of 13
Full-Text Articles in Law
Prosecuting Securities Fraud Under Section 17(A)(2), Wendy Gerwick Couture
Prosecuting Securities Fraud Under Section 17(A)(2), Wendy Gerwick Couture
Articles
No abstract provided.
Price Impact Possibilities, Wendy Gerwick Couture
Answering Halliburton Ii's Unanswered Question: Burdens Of Production And Persuasion On Price Impact At Class Certification, Wendy Gerwick Couture
Answering Halliburton Ii's Unanswered Question: Burdens Of Production And Persuasion On Price Impact At Class Certification, Wendy Gerwick Couture
Articles
No abstract provided.
Professor Alan R. Bromberg And The Scholarly Role Of The Treatise, Wendy Gerwick Couture
Professor Alan R. Bromberg And The Scholarly Role Of The Treatise, Wendy Gerwick Couture
Articles
No abstract provided.
False Statements Of Belief As Securities Fraud, Wendy Gerwick Couture
False Statements Of Belief As Securities Fraud, Wendy Gerwick Couture
Articles
No abstract provided.
Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture
Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture
Articles
No abstract provided.
The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture
The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture
Articles
This Article seeks to correct the imbalance that occurs when the First Amendment and securities fraud collide. Under current precedent, securities analysts, credit rating agencies, and financial journalists are subject to differing liability standards depending on whether they are sued for defamation or for securities fraud. Under New York Times Co. v. Sullivan, First Amendment protections apply in the defamation context in order to prevent the chilling of valuable speech, yet courts have declined to extend these protections to the securities fraud context. This imbalance threatens to chill valuable speech about public companies. To prevent the dangerous chilling effect of …
Opinions Actionable As Securities Fraud, Wendy Gerwick Couture
Opinions Actionable As Securities Fraud, Wendy Gerwick Couture
Articles
This Article proposes a new analytical framework to apply to statements of opinion in securities fraud cases. Although statements of opinion form the basis of some of the most cutting edge securities fraud claims-such as those asserted against securities analysts and credit rating agencies-statements of opinion do not fit squarely within the elements of securities fraud. In particular, three issues arise: (1) When is a statement of opinion false so as to qualify as a misrepresentation? (2) When is a statement of opinion material? (3) And, for that matter, what is the distinction between a statement of fact and a …
Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture
Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture
Articles
No abstract provided.
The Falsity-Scienter Inference, Wendy Gerwick Couture
Price Fraud, Wendy Gerwick Couture
The Bank Bailout: A License For Sovereign Securities Fraud, Wendy Gerwick Couture
The Bank Bailout: A License For Sovereign Securities Fraud, Wendy Gerwick Couture
Articles
No abstract provided.
White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture
White Collar Crime's Gray Area: The Anomaly Of Criminalizing Conduct Not Civilly Actionable, Wendy Gerwick Couture
Articles
Substantive and procedural differences between criminal and civil treatment of conduct sounding in securities fraud combine to cause the following anomaly: certain false statements to investors may be actionable criminally-subjecting individual defendants to imprisonment-but not civilly-leaving victims without remedy. The imposition of criminal punishment for conduct that does not invoke civil liability risks disrupting the current scheme of securities regulation, at the expense of considerations deemed important by Congress and the courts. Moreover, the extension of criminal liability beyond the scope of civil liability debunks the assumption, which underlies the current scholarship on the civil-criminal divide, that criminal liability is …