Case
Basic, Inc. v. Levinson
78 published works
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…
Sentencing Law and Policy
How SCOTUSHalliburtonruling could have white-collar sentencing echoes
Main June 24, 2014How SCOTUS Halliburton ruling could have white-collar sentencing echoesExperienced lawyer and federal sentencing guru Mark Allenbaugh (firm website here) sent me an intriguing set of insights about…
Civil Procedure & Federal Courts Blog
SCOTUS Upholds Basic v. Levinson, But Gives Halliburton A Partial Victory
In the latest Supreme Court round of Halliburton Co. v. Erica P. John Fund, Inc., the Court declined Halliburton's invitation to overrule Basic v. Levinson, but remanded to allow Halliburton,…
Global Regulatory Enforcement Law Blog
Supreme Court Reaffirms Basic v. Levinson Presumption of Reliance
This post was also written by C. Neil Gray. On June 23, 2014, the Supreme Court of the United States issued its much-anticipated decision in Halliburton Co., et al. v.…
D&O Discourse
First Take on Halliburton II: The Price-Impact Rule May Not Have Much Practical Impact
By Doug Greene
Yesterday’s Supreme Court decision in Halliburton Co. v. Erica P. John Fund, Inc. (Halliburton II) may well have the lowest impact-to-fanfare ratio of any Supreme Court securities decision. Despite the social-media-fueled…
The D&O Diary
Halliburton: U.S. Supreme Court Declines to Overturn Basic, Allows Defendants to Rebut Presumption of Reliance
On June 23, 2014, the U.S. Supreme Court released its long-awaited decision in Halliburton Co. v. Erica P. John Fund, in which the Court had taken up the question whether…
Corporate Defense and Disputes
Presumption of Reliance Survives in Securities Cases, But Defendants Can Dispute Price Impact at Class Certification
By Ann Ashton, Jonathan Richman, Ralph Ferrara, Tanya Dmitronow
The U.S. Supreme Court today declined to abandon the efficient-market theory, with its rebuttable presumption of reliance that enables securities class actions to proceed without proof of actual reliance on…
Securities Law Prof Blog
Halliburton Co. v. Erica P. John Fund: Thomas Concurrence
The concurrence authored by Justice Thomas and joined by Justices Scalia and Alito argues the following:Today we are asked to determine whether Basic was correctly decided. The Court suggests that it was, and that stare…