Case
Basic, Inc. v. Levinson
78 published works
Securities Law Prof Blog
Bebchuk and Ferrell on Fraud-on-the-Market
Lucian A. Bebchuk and Allen Ferrell have posted Rethinking Basic on SSRN with the following abstract:Next spring, in the Halliburton case, the United States Supreme Court is expected to reconsider the…
Drug & Device Law
Demise of “Fraud on the Market”?
By Bexis
You may already know this, but we had to comment on the Supreme Court’s November 15 grant of certiorari in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317…
D&O Discourse
Is the Demise of the Fraud-on-the-Market Doctrine Near? Be Careful What You Wish For
By Doug Greene
At long last, the United States Supreme Court is going to address the viability and/or prerequisites of the fraud-on-the-market presumption of reliance established by the Court in 1988 in Basic…
Securities Law Prof Blog
SCOTUS Grants Cert in Halliburton v. Erica P. John Fund
The Supreme Court has granted Halliburton's petition for cert in Halliburton v. Erica P. John Fund. Halliburton has petitioned the Court to address two questions:1. Whether this Court should overrule or substantially…
Class Defense Blog
Supreme Court Will Address “Fraud-On-The-Market” Presumption in Securities Class Actions
By Andrea Pincus, Archis A. Parasharami
Earlier today, the U.S. Supreme Court granted review in Halliburton Co. v . Erica P. John Fund, No. 13-317, to address an important question affecting securities class actions: whether the…
Civil Procedure & Federal Courts Blog
SCOTUS Cert. Grant of Interest: Halliburton v. Erica P. John Fund
Today the Supreme Court granted certiorari in Halliburton Co. v. Erica P. John Fund (No. 13-317). Here are the questions presented:1. Whether this Court should overrule or substantially modify the…
TortsProf Blog
Goldberg & Zipursky on the Fraud-on-the-Market Tort
John Goldberg & Ben Zipursky have posted to SSRN The Fraud-on-the-Market Tort. The abstract provides:Fraud on the market is at the core of contemporary securities law, permitting 10b-5 class actions…
Class Action Lawsuit Defense
Basic Is Anything But: Courts Continue to Wrangle with the Fraud-on-the-Market Presumption
Co-authors: Mark Kornfeld and Deborah Renner Editors' Note: This post has also been published as a BakerHostetler Client Alert. It has been 25 years since the Supreme Court announced the…
Class Defense Blog
Can Securities Fraud Defendants Rebut Price Impact To Avoid Class Certification?
By Joshua Yount
In Section 10(b) securities-fraud cases based on affirmative misrepresentations, a class action cannot be certified unless investor reliance is presumed under the fraud-on-the-market theory of Basic, Inc. v. Levinson, 485…
D&O Discourse
Second Take on Amgen: Defense Arguments Largely Intact, Even in Overruled Circuits
By Doug Greene, Claire Loebs Davis
In our post in the immediate wake of the Supreme Court’s decision in Amgen Inc. v. Connecticut Retirement Plans, we concluded that rather than being a new threat to the…