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Author: Nishal Ray Ramphal Publisher: ISBN: 9780549189640 Category : Securities Languages : en Pages : 184
Book Description
My research conducts a broad, empirical study of the overlapping public and private mechanisms that enforce federal securities laws. I use two original datasets to provide a descriptive analysis of federal enforcement actions, initiated by the Securities Exchange Commission, and private class actions, filed on behalf of aggrieved investors, between 1998 and 2004. My study also examines how the Sarbanes-Oxley Act of 2002 has perturbed the balance of joint litigation of securities suits, and discusses the role of public and private litigation in disciplining self regulatory organizations, in particular the national stock exchanges, since 1990. A final contribution of this study is an analysis of the corporate governance reforms that both public and private litigators have required defendant firms to adopt, as part of their settlement agreements, together with an analysis of the market reaction to these reforms.
Author: Nishal Ray Ramphal Publisher: ISBN: 9780549189640 Category : Securities Languages : en Pages : 184
Book Description
My research conducts a broad, empirical study of the overlapping public and private mechanisms that enforce federal securities laws. I use two original datasets to provide a descriptive analysis of federal enforcement actions, initiated by the Securities Exchange Commission, and private class actions, filed on behalf of aggrieved investors, between 1998 and 2004. My study also examines how the Sarbanes-Oxley Act of 2002 has perturbed the balance of joint litigation of securities suits, and discusses the role of public and private litigation in disciplining self regulatory organizations, in particular the national stock exchanges, since 1990. A final contribution of this study is an analysis of the corporate governance reforms that both public and private litigators have required defendant firms to adopt, as part of their settlement agreements, together with an analysis of the market reaction to these reforms.
Author: Robin Hui Huang Publisher: Cambridge University Press ISBN: 1316738507 Category : Law Languages : en Pages : 553
Book Description
This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.
Author: Pierre-Henri Conac Publisher: Cambridge University Press ISBN: 1108577423 Category : Law Languages : en Pages : 1363
Book Description
Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.
Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities Publisher: ISBN: Category : Business & Economics Languages : en Pages : 924
Author: Margaret V. Sachs Publisher: ISBN: 9781647089207 Category : Actions and defenses Languages : en Pages :
Book Description
The 2nd edition of the Securities Litigation and Enforcement Nutshell focuses on an area of law that burgeoned nearly two decades ago after the accounting and corporate governance scandals at Enron, WorldCom, and other large publicly traded companies. It is an area of law that has only continued to expand with the 2008 financial crisis and subsequent legislation, including the Dodd-Frank Act of 2010 and the JOBS Act of 2012, and with several recent rulings by the U.S. Supreme Court. The Nutshell examines private, SEC, and criminal enforcement of the federal securities laws, with an emphasis on the elements that establish securities fraud, and the doctrinal and practical issues that typically emerge in prosecuting or defending such claims.
Author: James D. Cox Publisher: ISBN: Category : Languages : en Pages : 43
Book Description
In this paper, we provide an overview of the most significant empirical research that has been conducted in recent years on the public and private enforcement of the federal securities laws. The existing studies of the U.S. enforcement system provide a rich tapestry for assessing the value of enforcement, both private and public, as well as market penalties for fraudulent financial reporting practices. The relevance of the U.S. experience is made broader by the introduction through the PSLRA in late 1995 of new procedures for the conduct of private suits and the numerous efforts to evaluate the effects of those provisions. We believe that the evidence reviewed here shows that the PSLRA's provisions have largely achieved their intended purposes. For example, many more private suits are headed by an institutional lead plaintiff, such plaintiffs appear to fulfill the desired role of monitoring the suit's prosecution and their presence is associated with suits yielding better settlements and lower attorneys' fees awards. SEC enforcement efforts, while significant, have tended to focus on weaker targets, suggesting that the big fish get away. Equally importantly, markets impose their own discipline on companies whose managers release false financial reports and, in turn, firms discipline the managers who are responsible for false misleading reporting, perhaps because of the presence of, or potential for, private enforcement actions.
Author: Michael Legg Publisher: Bloomsbury Publishing ISBN: 1509941525 Category : Law Languages : en Pages : 336
Book Description
This book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator's approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.
Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities Publisher: ISBN: Category : Business & Economics Languages : en Pages : 344
Book Description
Distributed to some depository libraries in microfiche.
Author: Nishal Ray Ramphal
Author: Nishal Ray Ramphal
Author: Robin Hui Huang
Author: Pierre-Henri Conac
Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities
Author: Margaret V. Sachs
Author: James D. Cox
Author: Michael Legg
Author: William Savitt
Author: Arthur F. Mathews
Author: United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs. Subcommittee on Securities