What Good is a Rebuttal Presumption If it Can’t Be Rebutted? Reassessing the Treatment of Reliance and Materiality when Certifying a Securities Fraud Class Action

2012 ◽  
Author(s):  
Courtney Jordan
2015 ◽  
Vol 58 (4) ◽  
pp. 747-778 ◽  
Author(s):  
Dain C. Donelson ◽  
Justin J. Hopkins ◽  
Christopher G. Yust

2013 ◽  
Vol 24 (2) ◽  
pp. 161-173 ◽  
Author(s):  
Steven Feinstein ◽  
Gang Hu ◽  
Mark Marcus ◽  
Zann Ali

Abstract Aggregate damages in class action securities cases estimated using standard methodologies and public volume data may be understated due to the frequent occurrence of inter-fund trades. Inter-fund trades are internal crossing trades between funds within the same fund family and are one of the few instances of trading transactions that are not reported publicly. Consequently, while inter-fund trades show up in submitted claims they are omitted from the public trade volume data generally used to estimate aggregate damages. Using actual claims data obtained from a claims administrator in a recent case, we find a significant number of damaged shares attributable to inter-fund trades, for which traditional damage estimation models do not account without an adjustment to the models' trading volume input. Our findings have implications for how aggregate damages should be estimated and call for policy reform in the reporting of inter-fund trades.


1999 ◽  
Vol 12 (1) ◽  
pp. 1-11 ◽  
Author(s):  
Edward A. Dyl

Abstract No abstract available.


2014 ◽  
Vol 15 (4) ◽  
pp. 37-40
Author(s):  
Veronica Rendon ◽  
John Freedman ◽  
Adam Reinhardt

Purpose – To explain the Supreme Court’s recent decision in Halliburton Co. v. Erica P. John Fund, Inc. and its implications for private class action litigation under the federal securities laws. Design/methodology/approach – Explains the background on the Halliburton decision, including the prior case history and key precedents, analyzes the key reasoning and holdings of the decision, and discusses the implications of the decision and how it will impact private class actions brought under the securities laws. Findings – While there was considerable pontification in the bar that the Halliburton case might provide a vehicle to curtail many class actions brought under the securities laws, the Halliburton decision left prior law and practice largely intact, but provides defendants in such cases a tool to challenge viability of lawsuits in certain circumstances. Originality/value – Practical guidance from experienced securities litigators.


Author(s):  
Brian T. Fitzpatrick ◽  
Randall Thomas

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