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Articles 1 - 16 of 16

Full-Text Articles in Law

Pleading Scienter After The Private Securities Litigation Reform Act : Or A Textualist Revenge , Michael B. Dunn Nov 1998

Pleading Scienter After The Private Securities Litigation Reform Act : Or A Textualist Revenge , Michael B. Dunn

Cornell Law Review

No abstract provided.


Responding To A False Alarm: Federal Preemption Of State Securities Fraud Causes Of Action , Richard W. Painter Nov 1998

Responding To A False Alarm: Federal Preemption Of State Securities Fraud Causes Of Action , Richard W. Painter

Cornell Law Review

No abstract provided.


Securities Fraud Or Mere Puffery: Refinement Of The Corporate Puffery Defense, R. Gregory Roussel May 1998

Securities Fraud Or Mere Puffery: Refinement Of The Corporate Puffery Defense, R. Gregory Roussel

Vanderbilt Law Review

A corporation's use of forward-looking corporate statements' is a common, arguably essential, element of the landscape of modern financial markets. Unfortunately, the failure to meet the expectations created by forward-looking statements often serves as the basis for a potentially devastating private action for securities fraud. Before Congress responded to frivolous private securities fraud class actions with the Private Securities Litigation Reform Act of 1995, ("Reform Act") the judiciary took it upon itself to provide relief to burdened corporations. In doing so, the courts focused on the materiality of the corporation's statements, an essential building block in the plaintiffs ...


Unjust Justice In Parallel Proceedings: Preventing Circumvention Of Criminal Discovery Rules, Randy S. Eckers Jan 1998

Unjust Justice In Parallel Proceedings: Preventing Circumvention Of Criminal Discovery Rules, Randy S. Eckers

Hofstra Law Review

No abstract provided.


The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard Jan 1998

The Securities Litigation Uniform Standards Act Of 1998: The Sun Sets On California's Blue Sky Laws, David M. Lavine, Adam C. Pritchard

Articles

It is often said that California sets the pace for changes in America's tastes. Trends established in California often find their way into the heartland, having a profound effect on our nation's cultural scene. Nouvelle cuisine, the dialect of the Valley Girl and rollerblading all have their genesis on the West Coast. The most recent trend to emerge from California, instead of catching on in the rest of the country, has been stopped dead in its tracks by a legislative rebuke from Washington, D.C. California's latest, albeit short-lived, contribution to the nation was a migration of ...


Securities Litigation In State Courts—Something Old, Something New, Something Borrowed, Douglas M. Branson Jan 1998

Securities Litigation In State Courts—Something Old, Something New, Something Borrowed, Douglas M. Branson

Washington University Law Review

Using an old marital saying to title this Article may mislead. In particular, owing to federal legislative attempts to preempt state securities law actions, all may not be, or remain, bliss in the state courts.


Introduction: The Implication Of The Private Securities Reform Act, Richard H. Walker Jan 1998

Introduction: The Implication Of The Private Securities Reform Act, Richard H. Walker

Washington University Law Review

I'll offer my observations about key activities at both the federal and state levels in the wake of the Reform Act. I'll conclude by offering my opinion about whether, on the current record, the case for preemption has been made.


Enter Yossarian: How To Resolve The Procedural Catch-22 That The Private Securities Litigation Reform Act Creates, Elliott J. Weiss, Janet E. Moser Jan 1998

Enter Yossarian: How To Resolve The Procedural Catch-22 That The Private Securities Litigation Reform Act Creates, Elliott J. Weiss, Janet E. Moser

Washington University Law Review

Section II of this Article sets forth our understanding of what the Reform Act requires a plaintiff to set forth in a complaint to state a valid claim that a corporation has made false or misleading public statements in violation of section 10(b) and Rule 10(b)(5). Section III describes our case study of GTF. Section IV analyzes the options a court would face in a case similar to the "quasi-hypothetical" we studied and suggests the option we believe a court should choose.


“The Private Securities Litigation Reform Act Of 1995—27 Months Later”: Securities Class Action Litigation Under The Private Securities Litigation Reform Act's Brave New World, William S. Lerach Jan 1998

“The Private Securities Litigation Reform Act Of 1995—27 Months Later”: Securities Class Action Litigation Under The Private Securities Litigation Reform Act's Brave New World, William S. Lerach

Washington University Law Review

No abstract provided.


The Statutory Safe Harbor For Forward-Looking Statements After Two And A Half Years: Has It Changed The Law? Has It Achieved What Congress Intended?, Richard A. Rosen Jan 1998

The Statutory Safe Harbor For Forward-Looking Statements After Two And A Half Years: Has It Changed The Law? Has It Achieved What Congress Intended?, Richard A. Rosen

Washington University Law Review

This Article examines the safe harbor for projections and forward-looking statements created by the Private Securities Litigation Reform Act of 1995.


Look Who's Talking: Defining The Scope Of The Misappropriation Theory After United States V. O'Hagan, Janet E. Kerr, Tor S. Sweeney Jan 1998

Look Who's Talking: Defining The Scope Of The Misappropriation Theory After United States V. O'Hagan, Janet E. Kerr, Tor S. Sweeney

Oklahoma Law Review

No abstract provided.


Heightened Pleading And Discovery Stays: An Analysis Of The Effect Of The Pslra's Internal-Information Standard On '33 And '34 Act Claims, Hillary A. Sale Jan 1998

Heightened Pleading And Discovery Stays: An Analysis Of The Effect Of The Pslra's Internal-Information Standard On '33 And '34 Act Claims, Hillary A. Sale

Washington University Law Review

This Article presents a new model for analyzing securities-fraud claims.


Securities Fraud Over The Internet: The Flies In The Ointment And A Hope Of Fly Paper, Kevin Mason Jan 1998

Securities Fraud Over The Internet: The Flies In The Ointment And A Hope Of Fly Paper, Kevin Mason

Case Western Reserve Journal of International Law

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United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard Jan 1998

United States V. O'Hagan: Agency Law And Justice Powell's Legacy For The Law Of Insider Trading, Adam C. Pritchard

Articles

The law of insider trading is judicially created; no statutory provision explicitly prohibits trading on the basis of material, non-public information. The Supreme Court's insider trading jurisprudence was forged, in large part, by Justice Lewis F. Powell, Jr. His opinions for the Court in United States v. Chiarella and SEC v. Dirks were, until recently, the Supreme Court's only pronouncements on the law of insider trading. Those decisions established the elements of the classical theory of insider trading under § 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act"). Under this theory, corporate insiders and their ...


Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino Jan 1998

Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino

Faculty Publications

The passage of the Private Securities Litigation Reform Act of 1995 has engendered a significant forum shift in class action securities fraud litigation, from federal to state court. This unintended by-product of the Act has reignited debate over our dual federal-state system of securities regulation and in turn has inspired a discussion as to whether Congress should now preempt state securities fraud causes of action. This article argues that preemption is an appropriate, but not the only, solution to these concerns. To support this argument, this article first traces the history of dual state-federal securities regulation within the context of ...


Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel Jan 1998

Contracting Access To The Courts: Myth Or Reality? Bane Or Boon?, Jeffrey W. Stempel

Scholarly Works

Many scholars of the dispute resolution system perceive a sea change in attitudes toward adjudication that took place in the mid-1970s. Among the events of the time included the Pound Conference, which put the Chief Justice of the United States and the national judicial establishment on record in favor of at least some refinement, if not restriction, on access to courts. In addition, Chief Justice Burger, the driving force behind the Pound Conference, also used his bully pulpit as Chief Justice of the Supreme Court to promote ADR, particularly court-annexed arbitration. The availability of judicial adjuncts such as court-annexed arbitration ...