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Full-Text Articles in Law

False Forward-Looking Statements And The Pslra's Safe Harbor, Ann Morales Olazabal Apr 2011

False Forward-Looking Statements And The Pslra's Safe Harbor, Ann Morales Olazabal

Indiana Law Journal

Voluntary public disclosure of soft information—corporate projections and predictions and other forward-looking statements—is now the norm, following a brief learning curve after the enactment of the Private Securities Litigation Reform Act’s safe harbor for forward-looking information in 1995. As a consequence, allegations of false forward-looking statements are also quite standard in today’s class action securities fraud pleading. This work addresses an emerging trend, spearheaded by the Seventh Circuit’s decision in Asher v. Baxter International, to introduce a subjective scienter or intent-like inquiry into consideration of the application of the PSLRA’s safe harbor. Numerous district ...


Prediction Markets And Law: A Skeptical Account, Rebecca Haw Allensworth Jan 2009

Prediction Markets And Law: A Skeptical Account, Rebecca Haw Allensworth

Vanderbilt Law School Faculty Publications

Enthusiasm for "many minds" arguments has infected legal academia. Scholars now champion the virtues of groupthink, something once thought to have only vices. It turns out that groups often outperform individuals in aggregating information, weighing alternatives, and making decisions. And although some of our legal institutions, such as Congress and juries, already harness the power of the crowd, others could be improved by multiplying the number of minds at work. "Multiplying" implies a simple mathematical formula for improving decisionmaking; modern many minds arguments are more sophisticated than that. They use incentive analyses, game theory, and statistics to study how and ...


The Statutory Safe Harbor For Forward-Looking Statements After Two And A Half Years: Has It Changed The Law? Has It Achieved What Congress Intended?, Richard A. Rosen Jan 1998

The Statutory Safe Harbor For Forward-Looking Statements After Two And A Half Years: Has It Changed The Law? Has It Achieved What Congress Intended?, Richard A. Rosen

Washington University Law Review

This Article examines the safe harbor for projections and forward-looking statements created by the Private Securities Litigation Reform Act of 1995.


Who Is Bespeaking To Whom? Plaintiff Sophistication, Market Information, And Forward-Looking Statements, Jonathan B. Lurvey Dec 1995

Who Is Bespeaking To Whom? Plaintiff Sophistication, Market Information, And Forward-Looking Statements, Jonathan B. Lurvey

Duke Law Journal

No abstract provided.


The Sec Safe Harbor For Forecasts—A Step In The Right Direction?, Kimberly Till Jun 1980

The Sec Safe Harbor For Forecasts—A Step In The Right Direction?, Kimberly Till

Duke Law Journal

No abstract provided.