The Screening Effect of the Private Securities Litigation Reform Act

The Screening Effect of the Private Securities Litigation Reform Act PDF Author: Stephen Jung Choi
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 41

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Book Description

The Screening Effect of the Private Securities Litigation Reform Act

The Screening Effect of the Private Securities Litigation Reform Act PDF Author: Stephen Jung Choi
Publisher:
ISBN:
Category : Class actions (Civil procedure)
Languages : en
Pages : 41

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Book Description


The Private Securities Litigation Reform Act (PSLRA), Sarbanes Oxley & Large Firm Risk

The Private Securities Litigation Reform Act (PSLRA), Sarbanes Oxley & Large Firm Risk PDF Author: Nicholas V. Vakkur
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This study empirically evaluates the impact of the Private Securities Litigation Reform Act of 1995 (PSLRA) and the Sarbanes Oxley Act of 2002 upon the (equity) risk of the largest US firms, the backbone of the US economy. Drawing from the literature, hypotheses are developed and empirically evaluated using an extensive data set: daily return data between 1993 and 2009 from a representative sample of the largest European and US firms. This represents one of the first studies to evaluate the risk implications of the PSLRA, while research on Sarbanes Oxley has produced inconclusive -- at times contradictory -- findings. Strong evidence is provided that the PSLRA had no significant risk impact, and that Sarbanes Oxley significantly reduced firm risk -- measured as mean equity variance. Findings also suggest that Sarbanes Oxley's risk impairment effect may be enhanced for the largest 2.5% of US firms.

Do the Merits Matter More? The Impact of the Private Securities Litigation Reform Act

Do the Merits Matter More? The Impact of the Private Securities Litigation Reform Act PDF Author: Marilyn F. Johnson
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
This article examines the effect of the Private Securities Litigation Reform Act of 1995 (PSLRA) on stockholder lawsuits. We explore the role of restatements, earnings forecasts, and insider trading in the filing and resolution of lawsuits for a sample of high technology firms. Consistent with our predictions, there is a post-PSLRA shift away from litigation based on forward-looking earnings disclosures. Conversely, there is a significantly greater correlation between litigation and both earnings restatements and abnormal insider selling after the PSLRA. Finally, we find a post-PSLRA increase in the likelihood of settlement for cases involving earnings restatements.

Research Handbook on Representative Shareholder Litigation

Research Handbook on Representative Shareholder Litigation PDF Author: Sean Griffith
Publisher: Edward Elgar Publishing
ISBN: 1786435349
Category : LAW
Languages : en
Pages : 576

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Book Description
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.

Measuring Business Interruption Losses and Other Commercial Damages

Measuring Business Interruption Losses and Other Commercial Damages PDF Author: Patrick A. Gaughan
Publisher: John Wiley & Sons
ISBN: 1119647916
Category : Business & Economics
Languages : en
Pages : 544

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Book Description
Measure business interruption losses with confidence You hope for the best and plan for the worst. It’s your job. But when the unimaginable happens, are you truly prepared for those business interruption losses? Measuring Business Interruption Losses and Other Commercial Damages is the only book in the field that explains the complicated process of measuring business interruption damages after you’ve been hit by the unexpected, whether the losses are from natural or man-made disasters, or whether the performance of one company adversely affects the performance of another. Understand the methodology for how lost profits should be measured Deal with the many common types of cases in business interruption lawsuits in commercial litigation Take a look at exhibits, tables, and graphs Benefit from updated data, case studies, and case law references Don’t get caught off guard. Get ahead of planning for measuring your interruption losses before disaster strikes.

Research Handbook on the Economics of Corporate Law

Research Handbook on the Economics of Corporate Law PDF Author: Claire A. Hill
Publisher: Edward Elgar Publishing
ISBN: 1781005214
Category : Law
Languages : en
Pages : 497

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Book Description
Comprising essays specially commissioned for the volume, leading scholars who have shaped the field of corporate law and governance explore and critique developments in this vibrant and expanding area and offer possible directions for future research. This important addition to the Research Handbooks in Law and Economics series provides insights into subjects such as the role of directors, shareholders, creditors and employees; empirical studies of litigation and shareholder activism; executive compensation; corporate gatekeepers; comparative law; and behavioral approaches to law and finance. Topics are organized within five sections: corporate constituencies, insider governance, gatekeepers, jurisdiction, and new theory. Taken as a whole, the volume serves as an introduction for those new to the field and as a reference for those unfamiliar with some of the topics discussed. Authoritative and accessible, the Research Handbook on the Economics of Corporate Law will be a valuable resource for students, scholars, and practitioners of corporate law and economics.

The Valuation Treadmill

The Valuation Treadmill PDF Author: James J. Park
Publisher: Cambridge University Press
ISBN: 1108837182
Category : Law
Languages : en
Pages : 199

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Book Description
This book analyzes paradigmatic securities frauds to show how market pressure to deliver short-term results incentivizes companies to deceive investors.

The Conservative Case for Class Actions

The Conservative Case for Class Actions PDF Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 0226816737
Category : Law
Languages : en
Pages : 282

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Book Description
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.

Regulating Investor Protection under EU Law

Regulating Investor Protection under EU Law PDF Author: Antonio Marcacci
Publisher: Springer
ISBN: 3319902970
Category : Business & Economics
Languages : en
Pages : 404

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Book Description
This book analyzes the legal system for the protection of retail investors under the European Union law of investment services. It identifies the regulatory leitmotiv driving the EU lawmaker and ascertains whether and to what extent such a system is self-sufficient, using a set of EU-made and EU-enforced rules that is essentially different and autonomous from the domestic legal orders. In this regard, the book takes a double perspective: comparative and intra-firm. Given the federal dimension of the US legal system and, thus, the “role-model” it plays vis-à-vis the EU, the book compares the two systems. To fully highlight the existing gaps and measure how self-sufficient the EU system is against its American counterpart, the Union/Federal level as such is analyzed – i.e., detached from the national (in EU terms) and State (in US terms) level. Regulating Investor Protection under EU Law also showcases the unique intra-firm perspective from a European investment firm and analyzes how EU-produced public-law rules become a set of compliance requirements for investment services providers. This “within-the-firm” angle gauges the self-sufficiency of the EU system of retail investor protection from the standpoint of an EU-regulated entity. The book is intended for both compliance professionals and academic scholars interested in this topic while also including illustrative sections intended to provide a broader regulatory view for less-experienced readers.

New Pleading in the Twenty-First Century

New Pleading in the Twenty-First Century PDF Author: Scott Dodson
Publisher: Oxford University Press
ISBN: 0199993459
Category : Law
Languages : en
Pages : 256

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Book Description
New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a version of fact pleading and merits screening--what the author calls "New Pleading"--that has not existed in the U.S. for 70 years. The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in the United States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency: return to Old Pleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.