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Articles 1 - 11 of 11
Full-Text Articles in Law
Securities Analysts: Why These Gatekeepers Abandoned Their Post, David J. Labhart
Securities Analysts: Why These Gatekeepers Abandoned Their Post, David J. Labhart
Indiana Law Journal
No abstract provided.
The Law And Economics Of Securities Fraud: Section 29(A) And The Non-Reliance Clause, David K. Lutz
The Law And Economics Of Securities Fraud: Section 29(A) And The Non-Reliance Clause, David K. Lutz
Chicago-Kent Law Review
This Note examines whether precluding a plaintiff from claiming reasonable reliance on representations made outside of a final written agreement containing a non- reliance clause violates Section 29(a) of the Securities Exchange Act of 1934. The Note uses the Third Circuit's recent decision in AES v. Dow Chemical Co. to put the issue in context, and concludes that the court reached the wrong conclusion. By accepting the assumptions of law and economics, and addressing the arguments against such an approach from behavioralists and other critics, the Note argues that adopting a clear rule enforcing non-reliance clauses produces certainty in contractual …
Is Securities Arbitration Fair To Investors?, Barbara Black
Is Securities Arbitration Fair To Investors?, Barbara Black
Faculty Articles and Other Publications
Most disputes between customers and their brokerage firms are resolved through arbitration as a result of the Supreme Court's holding in Shearson/American Express, Inc. v. McMahon. McMahon was part of two larger trends of the Supreme Court: the Court's general pro-arbitration trend and its efforts to remove private securities fraud claims from federal court. Many investor advocates viewed McMahon as anti-investor, a view that continues to have support today.
This is an assessment of the current securities arbitration process from the perspective of an investor advocate. In my view, investors may fare better in arbitration than in litigation. Accordingly, the …
Should Issuers Be On The Hook For Laddering? An Empirical Analysis Of The Ipo Market Manipulation Litigation, Adam C. Pritchard, Stephen J. Choi
Should Issuers Be On The Hook For Laddering? An Empirical Analysis Of The Ipo Market Manipulation Litigation, Adam C. Pritchard, Stephen J. Choi
Articles
On December 6, 2000, the Wall Street Journal ran a front-page story exposing abuses in the market for initial public offerings (IPOs). The story revealed "tie-in" agreements between investment banks and initial investors seeking to participate in "hot" offerings. Under those agreements, initial investors would commit to buy additional shares of the offering company's stock in secondary market trading in return for allocations of shares in the IPO. As the Wall Street Journal related, those "[c]ommitments to buy in the after-market lock in demand for additional stock at levels above the IPO price. As such, they provide the rocket fuel …
Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Constraints, Norms And Biases, Michael A. Perino
Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Constraints, Norms And Biases, Michael A. Perino
Villanova Law Review
No abstract provided.
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
The Muddled Duty To Disclose Under Rule 10b-5, Donald C. Langevoort, G. Mitu Gulati
Faculty Scholarship
No abstract provided.
Sarbanes-Oxley 307: Trusted Counselors Or Informers, M. Peter Moser, Stanley Keller
Sarbanes-Oxley 307: Trusted Counselors Or Informers, M. Peter Moser, Stanley Keller
Villanova Law Review
No abstract provided.
Legal And Ethical Duties Of Lawyers After Sarbanes-Oxley, Roger C. Cramton, George M. Cohen, Susan P. Koniak
Legal And Ethical Duties Of Lawyers After Sarbanes-Oxley, Roger C. Cramton, George M. Cohen, Susan P. Koniak
Villanova Law Review
No abstract provided.
Unregisterred Securities In The National Football League: Can The Securities Act Of 1933 Protect Season Ticket Holders And Personal Seat License Holders, Mark Levengood
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Making It Easier To Milk The Cow: The Southern District Of New York Collapses The Culpable Participation Doctrine And Sidesteps The Private Securities Litigation Reform Act, Matthew W. Goulding
Making It Easier To Milk The Cow: The Southern District Of New York Collapses The Culpable Participation Doctrine And Sidesteps The Private Securities Litigation Reform Act, Matthew W. Goulding
Villanova Law Review
No abstract provided.
The New Look Of Shareholder Litigation: Acquisition-Oriented Class Actions, Randall Thomas, Robert B. Thompson
The New Look Of Shareholder Litigation: Acquisition-Oriented Class Actions, Randall Thomas, Robert B. Thompson
Vanderbilt Law School Faculty Publications
Shareholder litigation is the most frequently maligned legal check on managerial misconduct within corporations. Derivative lawsuits and federal securities class actions are portrayed as slackers in debates over how best to control the managerial agency costs created by the separation of ownership and control in the modern corporation. In each instance, early hopes these suits would effectively monitor managerial misconduct have been replaced with concerns about the size of the litigation agency costs of such representative litigation, which can arise when a self-selected plaintiff's attorney and her client that are appointed to pursue the claims of an entire class of …