The D&O Diary

The D&O Diary

A PERIODIC JOURNAL CONTAINING ITEMS OF INTEREST FROM THE WORLD OF DIRECTORS & OFFICERS LIABILITY, WITH OCCASIONAL COMMENTARY

Tag Archives: Fraud on the market

Guest Post: Halliburton: Procedures and Percentages—Why Did the Court Care and What Do They Mean?

Posted in Securities Litigation
The Halliburton case now before the U.S. Supreme Court could potentially change the securities class action litigation landscape in the United States, as the Court considers whether or not to dump the fraud on the market theory.  However, based upon the oral argument in the case on Wednesday, March 5, 2014, it appears that the … Continue Reading

Arguments to Keep the Fraud on Market Theory, and Thinking About a World Without It

Posted in Securities Litigation
As the March 5, 2014 date for oral argument before the United States Supreme Court in the closely-watched Halliburton case approaches, the briefing process in the case has continued to unfold. On January 29, 2014, the Erica P. John Fund, the respondent (the plaintiff in the underlying action) filed its merits brief in the case, … Continue Reading

Dump “Fraud on the Market” Yet Preserve Securities Plaintiffs’ Ability to Establish Reliance?

Posted in Securities Litigation
Since the U.S. Supreme Court agreed to revisit the “fraud on the market” theory by granting cert in the Halliburton case a few weeks ago, many commentators (including this blog) have considered whether the Court might wind up taking an intermediate position that addresses criticisms of the theory while preserving securities plaintiffs’ ability to try … Continue Reading

Game Changer? The U.S. Supreme Court to Revisit “Fraud on the Market” Presumption

Posted in Securities Litigation
In a development that has the potential to change the way private securities suits in the United States are litigated, the U.S. Supreme Court has agreed to take up a case in which the petitioners seek to have the Court revisit the “fraud on the market” presumption. The presumption allows plaintiffs in securities suits under … Continue Reading