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Full-Text Articles in Law
The Misappropriation Theory In Light Of Carpenter And The Insider Trading And Securities Fraud Enforcement Act Of 1988, Mark A. Clayton
The Misappropriation Theory In Light Of Carpenter And The Insider Trading And Securities Fraud Enforcement Act Of 1988, Mark A. Clayton
Pepperdine Law Review
No abstract provided.
Will Motive, Opportunity Or Recklessness No Longer Constitute Scienter For Fraud? A Survey Of Recent Federal District Court Decisions After The Enactment Of The 1995 Private Securities Litigation Reform Act , Lisa A. Herrera
Pepperdine Law Review
No abstract provided.
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Golden Gate University Law Review
Cite as 42 Golden Gate U. L. Rev. 627 (2012).
The Aftermath Of Merck: D&O Insecurity In The Security Fraud Arena, Alexandra Russo
The Aftermath Of Merck: D&O Insecurity In The Security Fraud Arena, Alexandra Russo
Pace Law Review
This Comment will trace the history of Merck, culminating in the Supreme Court’s extension of the statute of limitations periods for private security fraud suits, and discuss the impact this holding will have on future security fraud litigation, both for investor-plaintiffs and issuer-defendants. Part I will examine the facts and procedural history of Merck, which began in the United States District Court for the District of New Jersey and ultimately reached the Supreme Court of the United States. This procedural background will illuminate the various interpretations existing prior to Merck regarding the events that trigger the statute of …
It's Payback Time, Or Is It?: An Argument To Apply Universal Heightened Standards To All Employee Stock-Based Individual Account Programs In The Post-Enron Era And Why Sarbanes-Oxley's Preventive Measures Do Not Adequately Protect Employee Investor Interests, Sarah Y. Rifaat
Pepperdine Law Review
No abstract provided.
Conflicting Currents: The Obligation To Maintain Inviolate Client Confidences And The New Sec Attorney Conduct Rules, Keith Paul Bishop, James F. Fotenos, Steven K. Hazen, James R. Walther, Nancy H. Wojtas
Conflicting Currents: The Obligation To Maintain Inviolate Client Confidences And The New Sec Attorney Conduct Rules, Keith Paul Bishop, James F. Fotenos, Steven K. Hazen, James R. Walther, Nancy H. Wojtas
Pepperdine Law Review
No abstract provided.
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges , Michael I. Meyerson, William Meyerson
Significant Statistics: The Unwitting Policy Making Of Mathematically Ignorant Judges , Michael I. Meyerson, William Meyerson
Pepperdine Law Review
This article will explore several areas in which judges, hampered by their mathematical ignorance, have permitted numerical analysis to subvert the goals of our legal system. In Part II, I will examine the perversion of the presumption of innocence in paternity cases, where courts make the counter-factual assumption that regardless of the evidence, prior to DNA testing, a suspect has a 50/50 chance of being the father. In Part III, I will explore the unnecessary injection of race into trials involving the statistics of DNA matching, even when race is entirely irrelevant to the particular case. Next, in Part IV, …
Index Funds And Securities Fraud Litigation, Richard A. Booth
Index Funds And Securities Fraud Litigation, Richard A. Booth
South Carolina Law Review
No abstract provided.
Inquiry Notice: Merck & Co. V. Reynolds And The Need For Requiring Private Investors To Investigate Potential Securities Fraud, Joel Alan Borkenhagen
Inquiry Notice: Merck & Co. V. Reynolds And The Need For Requiring Private Investors To Investigate Potential Securities Fraud, Joel Alan Borkenhagen
Oklahoma Law Review
No abstract provided.
A Bright Idea: A Bright-Line Test For Extraterritoriality In F-Cubed Securities Fraud Private Causes Of Action, Jennifer Mitchell Coupland
A Bright Idea: A Bright-Line Test For Extraterritoriality In F-Cubed Securities Fraud Private Causes Of Action, Jennifer Mitchell Coupland
Northwestern Journal of International Law & Business
Whether a foreign or American claimant has a private right of action in so-called ―Foreign-Cubed‖ or ―Foreign-Squared‖ claims under Section 10(b) of the Securities Exchange Act of 1934 (Exchange Act) and Securities and Exchange Commission (SEC) Rule 10b-5 has been the subject of much debate among U.S. courts, Congress, and the international community. Historically, these cases have been heard in the United States if the conduct had a substantial effect in the United States or on U.S. citizens (the effects test), or if the fraudulent or wrongful conduct occurred in the United States (the conduct test). However, in June 2010, …