The Sitting Ducks Of Securities Class Action Litigation: Bio-Pharmas And The Need For Improved Evaluation Of Scientific Data,
2010
University of Florida Levin College of Law
The Sitting Ducks Of Securities Class Action Litigation: Bio-Pharmas And The Need For Improved Evaluation Of Scientific Data, Stuart R. Cohn, Erin M. Swick
UF Law Faculty Publications
Rule 10b-5, a powerful weapon against any publicly-listed company whose share price drops on adverse news, is particularly skewed against pharmaceutical and other bio-technology companies (bio-pharmas). It is not a coincidence that there is a disproportionate number of class actions filed against bio-pharmas. The volume and complexity of data underlying most bio-pharma cases create enormous outcome uncertainties, settlement pressures, and potentially huge contingent liabilities over substantial periods of time. The vulnerability and risks that bio-pharmas face in Rule 10b-5 class actions are unique among all publicly-traded industries, yet many cases proceed along traditional grounds without courts employing either their statutory …
Reading Stoneridge Carefully: A Duty-Based Approach To Reliance And Third Party Liability Under Rule 10b-5,
2010
Georgetown University Law Center
Reading Stoneridge Carefully: A Duty-Based Approach To Reliance And Third Party Liability Under Rule 10b-5, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
The Supreme Court's decision in the Stoneridge case has largely been interpreted as a imposing a strict, pro-defendant reliance requirement. This article offers an alternative reading that takes the Court's analysis more seriously than its overheated dicta, one that makes "remoteness" a serious and meaningful inquiry that can produce balanced and fair responses to the concern that seemed to motivate the search for restraint: fear of disproportionate liability. It explores the nature of the dispropotion, and suggests ways--using the Court's own explanatory tools--for deciding when third party involvement is close enough to the fraud so that fear of disproportion lessens. …
The Financial Collapse And Recovery Effort: What Does It Mean For Corporate Governance?,
2009
Boston College Law School
The Financial Collapse And Recovery Effort: What Does It Mean For Corporate Governance?, Renee Jones
Renee Jones
No abstract provided.
The Jurisprudence Of Marriage And Other Intimate Relationships,
2009
Boston College Law School
The Jurisprudence Of Marriage And Other Intimate Relationships, Scott Fitzgibbon
Scott T. FitzGibbon
Contains essays about the basic meaning and principles underlying legal regulation of marriage and other relation- ships, written by a dozen prominent legal scholars from five nations, including authorities on jurisprudence and family law and scholars of other relevant disciplines. Topics include the principles used to determine eligibility for particular legal and social recognition; the current status of such relationships in society and law; how such relationships may affect one another; the foundations for public recognition of relationships; and critical analysis of various legal theories that would level such relation- ships. All chapters consider various relationship forms in the light …
El Procedimiento Administrativo Y Las Facultades De La Autoridad En Materia De Represión De La Competencia Desleal. Apuntes Sobre El Decreto Legislativo N° 1044,
2009
Selected Works
El Procedimiento Administrativo Y Las Facultades De La Autoridad En Materia De Represión De La Competencia Desleal. Apuntes Sobre El Decreto Legislativo N° 1044, Pierino Stucchi
Pierino Stucchi
No abstract provided.
Risky Business: The Credit Crisis And Failure,
2009
University of California - Irvine
Risky Business: The Credit Crisis And Failure, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
The credit crisis represents a watershed event for global financial markets and has been linked to significant declines in real economy performance on a level of magnitude not experienced since World War II. Recognition of the crisis in 2008 has been followed in 2009 and 2010 by a plethora of competing proposals in response to the credit crisis. The result has been a cacophony of visions, voices, and approaches. The sheer noise that has ensued threatens to drown out the fundamental core questions that should be asked about the credit crisis. Among the most important are questions about the relationships …
"That Man Is You!" The Juristic Person And Faithful Love,
2009
Boston College Law School
"That Man Is You!" The Juristic Person And Faithful Love, Scott T. Fitzgibbon
Scott T. FitzGibbon
No abstract provided.
Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday,
2009
Chapman University School of Law
Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan
Donald J. Kochan
Black Tuesday in October 1929 marked a major crisis in American history. As we face current economic woes, it is appropriate to recall not only the event but also reflect on how it altered the legal landscape and the change it precipitated in the acceptance of governmental intervention into the marketplace. Perceived or real crises can cause us to dance between free markets and regulatory power. Much like the events of 1929, current financial concerns have led to new, unprecedented governmental intervention into the private sector. This Article seeks caution, on the basis of history, arguing that fear and crisis …
