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Series

Securities fraud

2009

University of Cincinnati College of Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Eliminating Securities Fraud Class Actions Under The Radar, Barbara Black Jan 2009

Eliminating Securities Fraud Class Actions Under The Radar, Barbara Black

Faculty Articles and Other Publications

At least since Basic, Inc. v. Levinson, the business community and many influential scholars have challenged the existence of the securities fraud class action on a variety of grounds. Recently, two proposals have been advanced to "fix" the problem of "abusive" securities fraud class actions. One proposal requires arbitration of all securities fraud class actions; the other eliminates the corporate defendant in most actions. Proponents assert that shareholders should have the right to adopt these proposals through amendment of the company's certificate of incorporation. In reality, adoption of either proposal would substantially curtail, if not eliminate, the securities fraud class …


Reputational Damages In Securities Litigation, Barbara Black Jan 2009

Reputational Damages In Securities Litigation, Barbara Black

Faculty Articles and Other Publications

This short paper, originating in remarks made at the Institute for Law and Economic Policy's 15th Annual Conference on Compensation of Plaintiffs in Mass Securities Litigation, addresses an issue that has surfaced post-Dura Pharmaceuticals: can investors recover damages resulting from declines in stock price attributable to the market's reassessment of the integrity of management or the corporation's internal controls? Some finance scholars label these damages as non-recoverable 'collateral damage' that are not attributable to the original fraudulent disclosure. I argue that this position is based on a mischaracterization of the original fraudulent disclosure and that there is no basis in …