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Securities Law Commons

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2004

Law Faculty Articles and Essays

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Full-Text Articles in Securities Law

Pslra, Slusa, And Defrauded Retirement Investors: Overlooked Side Effects Of A Potent Legislative Medicine, Michael J. Borden Jan 2004

Pslra, Slusa, And Defrauded Retirement Investors: Overlooked Side Effects Of A Potent Legislative Medicine, Michael J. Borden

Law Faculty Articles and Essays

This Article highlights a harmful and far-reaching unintended consequence of two major pieces of securities litigation reform legislation that were passed as part of the Republican party's Contract with America in the mid-1990s. These reforms were justified, in part, on the grounds that they would benefit investors by improving disclosure of financial information by corporations. However, for many aggrieved investors, the effect of the legislation was just the opposite. Because of inadequate and misleading disclosures made by life insurance companies and their registered representatives, consumers were induced to purchase inappropriate investments carrying excessive fees that reduced the value of their …