Securities Law Commons^™

Morrison V. National Australia Bank And The Growth Of The Global Securities Class Action Under The Dutch Wcam, Steven Mcnamara

Buffalo Law Review

In 2010 the U.S. Supreme Court fundamentally reset the jurisdictional sweep of U.S. securities law in Morrison v. National Australia Bank. No longer could foreign plaintiffs access the U.S. courts if a defendant engaged in conduct in the U.S. affecting securities prices outside the U.S., or conduct outside the U.S. had a significant effect on securities prices inside the U.S. Under Morrison’s new “transactional test” only purchasers of securities on a U.S. exchange or in a U.S. transaction would be able to bring securities fraud claim under Section 10(b). The Morrison decision therefore greatly heightens the importance of alternative non-U.S. …