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Full-Text Articles in Law

Opinions Actionable As Securities Fraud, Wendy Gerwick Couture Jan 2013

Opinions Actionable As Securities Fraud, Wendy Gerwick Couture

Articles

This Article proposes a new analytical framework to apply to statements of opinion in securities fraud cases. Although statements of opinion form the basis of some of the most cutting edge securities fraud claims-such as those asserted against securities analysts and credit rating agencies-statements of opinion do not fit squarely within the elements of securities fraud. In particular, three issues arise: (1) When is a statement of opinion false so as to qualify as a misrepresentation? (2) When is a statement of opinion material? (3) And, for that matter, what is the distinction between a statement of fact and a …


Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture Jan 2013

Criminal Securities Fraud And The Lower Materiality Standard, Wendy Gerwick Couture

Articles

No abstract provided.


Securities Regulation As Gap-Filler: The Example Of Hydraulic Fracturing, Wendy Gerwick Couture Jan 2013

Securities Regulation As Gap-Filler: The Example Of Hydraulic Fracturing, Wendy Gerwick Couture

Articles

No abstract provided.