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Full-Text Articles in Law

Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture Jan 2014

Around The World Of Securities Fraud In Eighty Motions To Dismiss, Wendy Gerwick Couture

Articles

No abstract provided.


The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture Jan 2014

The Collision Between The First Amendment And Securities Fraud, Wendy Gerwick Couture

Articles

This Article seeks to correct the imbalance that occurs when the First Amendment and securities fraud collide. Under current precedent, securities analysts, credit rating agencies, and financial journalists are subject to differing liability standards depending on whether they are sued for defamation or for securities fraud. Under New York Times Co. v. Sullivan, First Amendment protections apply in the defamation context in order to prevent the chilling of valuable speech, yet courts have declined to extend these protections to the securities fraud context. This imbalance threatens to chill valuable speech about public companies. To prevent the dangerous chilling effect of …


The Pslra Discovery Stay Meets Complex Litigation: Five Questions Answered, Wendy Gerwick Couture Jan 2014

The Pslra Discovery Stay Meets Complex Litigation: Five Questions Answered, Wendy Gerwick Couture

Articles

No abstract provided.


Securities Regulation Of Alternative Litigation Finance, Wendy Gerwick Couture Jan 2014

Securities Regulation Of Alternative Litigation Finance, Wendy Gerwick Couture

Articles

No abstract provided.