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Full-Text Articles in Securities Law
Remedies For Foreign Investors Under U.S. Federal Securities Law, Hannah Buxbaum
Remedies For Foreign Investors Under U.S. Federal Securities Law, Hannah Buxbaum
Articles by Maurer Faculty
In its 2010 decision in Morrison v. National Australia Bank, the Supreme Court held that the general anti-fraud provision of U.S. securities law applies only to (a) transactions in securities listed on domestic exchanges and (b) domestic transactions in other securities. That decision forecloses the use of the “foreign-cubed” class action, and in general precludes the vast majority of claims that might otherwise have been brought in U.S. court by foreign investors. This article assesses the post-Morrison landscape, addressing the question of remedies in U.S. courts for investors defrauded in foreign transactions. It begins by reviewing the current case law, …
Morrison V. National Australia Bank: Defining The Domestic Interest In International Securities Litigation, Hannah Buxbaum
Morrison V. National Australia Bank: Defining The Domestic Interest In International Securities Litigation, Hannah Buxbaum
Articles by Maurer Faculty
This articles uses the lens of the Morrison v. National Australia Bank to look at domestic and international securities regulation.
Transnational Regulatory Litigation, Hannah Buxbaum
Transnational Regulatory Litigation, Hannah Buxbaum
Articles by Maurer Faculty
Recent years have seen much debate about the role of national courts in addressing global harms. That debate has focused on the application by domestic courts of international law - for instance, in civil actions brought in U.S. courts to enforce human rights law. This article identifies a parallel development in the area of economic regulation. It classifies and analyzes a category of cases that seek the application of regulatory law by domestic courts in situations involving global economic misconduct. Like the public international law cases, these cases highlight the tension between the benefits to be gained by enhanced enforcement …