Case
Basic, Inc. v. Levinson
75 published works
D&O Discourse
Be Careful What You Wish For, Part II: Would Companies Be Better Off Without the Fraud-on-the-Market Doctrine?
By Doug Greene
The villain in the fight against securities class actions is the fraud-on-the-market presumption of reliance established by the U.S. Supreme Court in 1988 in Basic Inc. v. Levinson, 485 U.S. 224…
D&O Discourse
5 Wishes for Securities Litigation Defense
By Doug Greene
I am committed to helping shape a system for securities litigation defense that helps directors and officers get through securities litigation safely and efficiently, without losing their serenity or dignity, and…
Drug & Device Law
California Rejects Class Certification for Claims Alleging Misrepresentations and Deficient Warnings But No Method to Establish Damages
California rejected another attempt by the class action bar to extend the already questionable fraud-on-the-market theory from Basic v. Levinson, 485 U.S. 224 (1988), a securities class action, to what…
Securities Law Prof Blog
Brav & Heaton on Event Studies in Securities Litigation
Alon Brav and J.B. Heaton have posted Event Studies in Securities Litigation: Low Power, Confounding Effects, and Bias on SSRN with the following abstract:Are event studies in securities litigation reliable? Basic’s…
Corporate and Securities Law
2nd Circuit Says MD&A Rules Provide Basis for 10b-5 Claims
D&O Discourse
Top 5 Securities and Corporate Governance Litigation Developments of 2014
By Doug Greene
This year will be remembered as the year of the Super Bowl of securities litigation, Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), 134 S. Ct. 2398 (2014),…
SDNY Blog
Judge Scheindlin: Supreme Court’s Halliburton Decision Did Not Change Plaintiff’s Burden of Proving “Price Impact” in Securities Fraud Case
In a brief order today, Judge Scheindlin denied a request by French conglomerate Vivendi to file, in light of the Supreme Court's recent decision in the Halliburton II case, a…
Class Action Lawsuit Defense
Basic Is Dying a Slow Death: The Supreme Court Upholds the Fraud-on-the-Market Presumption in Halliburton but Allows Rebuttal
Given the opportunity to overrule its landmark 1988 decision in Basic v. Levinson, in which it created the fraud-on-the-market presumption, the Supreme Court declined. The Court found in its decision…
Corporate & Securities Law Blog
U.S. Supreme Court Decision Gives More Latitude to Defeat Securities Fraud Class Action Lawsuits Prior to Class Certification
In Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317, __ S Ct. __, 2014 WL 2807181 (U.S. June 23, 2014), the United States Supreme Court refused to overturn…
Wiley Executive Summary
The Winners in Halliburton: Defense Counsel and Experts
By Kimberly M. Melvin, John E. Howell
As has been widely reported, the U.S. Supreme Court has issued its much-anticipated opinion in Halliburton Co. v. Erica P. John Fund, No. 13-317 (Jun. 23, 2014). While predictably…