Download or read book Demystifying Causation in Fraud on The Market Actions written by Merritt B. Fox and published by . This book was released on 2005 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article concerns what an investor who purchases shares on the open market of an issuer that has made a positive, materially false misstatement in violation of Rule 10b-5 must show to establish causation in a fraud-on-the-market action for damages. Confusion has arisen in the courts concerning this question because they have analyzed the matter in terms of the twin concepts of transaction causation and loss causation. They initially developed these concepts as a way of deciding causation in actions based on a showing of traditional reliance. Fraud-on-the-market actions involve a fundamentally different kind of causal connection, between the defendant's misstatement and the plaintiff's injury, as recognized by the Supreme Court in Basic v. Levinson. Because of this fundamental difference is causal connection, the twin concepts of transaction causation and loss causation simply do not make sense in fraud-on-the-market actions. The focus in fraud-on-the-market cases should instead be on developing standards for what the plaintiff must plead and prove, and the acceptable forms of evidence, in order to establish that the defendant's misstatement inflated the price at the time of purchase. Analyzing the problem from the ex ante perspective of the economics based approach to securities law reveals that these are the real issues underlying the causation cases coming before the courts.
Download or read book Perspectives on Corporate Governance written by F. Scott Kieff and published by Cambridge University Press. This book was released on 2010-07-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The events that began with the collapse of Enron, WorldCom, Tyco, and Adelphia and continued into the financial crisis of 2008 teach us an important lesson: corporate governance matters. Although it is widely acknowledged that good corporate governance is a linchpin of good corporate performance, how can one improve corporate governance and its impact on corporate and overall economic performance. This book offers a diverse and forward-looking set of approaches from experts, covering the major areas of corporate governance reform and analyzing the full range of issues and concerns. Written to be both theoretically rigorous and grounded in the real world, the book is well suited for practicing lawyers, managers, lawmakers, and analysts, as well as academics conducting research or teaching a wide range of courses in law schools, business schools, and economics departments.
Download or read book Corporate Finance Law written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2020-03-19 with total page 997 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this acclaimed book continues to provide a discussion of key theoretical and policy issues in corporate finance law. It has been fully updated to reflect developments in the law and the markets. One of the book's distinctive features is its equal coverage of both the equity and debt sides of corporate finance law, and it seeks, where possible, to compare and contrast the two. This book covers a broad range of topics regarding the debt and equity-raising choices of companies of all sizes, from SMEs to the largest publicly traded enterprises, and the mechanisms by which those providing capital are protected. Each chapter provides a critical analysis of the present law to enable the reader to understand the difficulties, risks and tensions in this area, and the attempts by the legislature, regulators and the courts, as well as the parties involved, to deal with them. The book will be of interest to practitioners, academics and students engaged in the practice and study of corporate finance law.
Download or read book Symposium written by and published by . This book was released on 2006 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on Representative Shareholder Litigation written by Sean Griffith and published by Edward Elgar Publishing. This book was released on 2018 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by leading scholars and judges in the field, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of shareholder litigation. Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It explores how related issues are addressed across the globe, with examinations of shareholder litigation in the United States, Canada, the United Kingdom, the European Union, Israel, and China. This Research Handbook will be an invaluable resource on this important topic for scholars, practitioners, judges and legislators.
Download or read book Financial Regulation and Civil Liability in European Law written by Olha O. Cherednychenko and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.
Download or read book Lewis Clark Law Review written by and published by . This book was released on 2006 with total page 1068 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Wyoming law review written by and published by . This book was released on 2006 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dispute Resolution in Transnational Securities Transactions written by Tiago Andreotti and published by Bloomsbury Publishing. This book was released on 2017-12-14 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the transnational legal infrastructure for dispute resolution in transnational securities transactions. It discusses the role of law and dispute resolution in securities transactions, the types of disputes arising from them, and the institutional and legal aspects of dispute resolution, both generally and regarding aggregate litigation. It illustrates different dispute resolution systems and aggregate litigation methods, and examines the legal issues of dispute resolution arising from transnational securities transactions. In addition, the book proposes two systems of dispute resolution for transnational securities transactions depending on the type of dispute: collective redress through arbitration and a network of alternative dispute resolution systems.
Download or read book Culture of Water Symposium written by and published by . This book was released on 2006 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Securities Litigation Enforcement Institute written by and published by . This book was released on 2006 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EU Investor Protection Regulation and Liability for Investment Losses written by Marnix Wallinga and published by Springer Nature. This book was released on 2020-10-30 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.
Download or read book Treatise on the Law of Securities Regulation written by Thomas Lee Hazen and published by . This book was released on 2009 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insider Trading written by William K. S. Wang and published by . This book was released on 2005 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to avoiding insider trading liability. It gives you the legal knowledge and practical tools you need to determine what's legal, what's not, and what you can do to minimise liability exposure.
Download or read book Annual Corporate Governance Institute written by and published by . This book was released on 2005 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Analyzing Quantitative Data written by Norman Blaikie and published by SAGE. This book was released on 2003-03-06 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: For social researchers who need to know what procedures to use under what circumstances in practical research projects, this book does not require an indepth understanding of statistical theory.
Download or read book Current Law Index written by and published by . This book was released on 2006 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
