Justices Should Clarify Securities Fraud Loss Causation

SS
Shearman & Sterling LLP

Contributor

Our success is built on our clients’ success. We have a long and distinguished history of supporting our clients wherever they do business, from major financial centers to emerging and growth markets. We represent many of the world’s leading corporations and major financial institutions, as well as emerging growth companies, governments and state-owned enterprises, often working on ground-breaking, precedent-setting matters. With a deep understanding of our clients' businesses and the industries they operate in, our work is driven by their need for outstanding legal and commercial advice.
It has been over 15 years since the U.S. Supreme Court addressed the pleading of loss causation in securities fraud cases.
United States Corporate/Commercial Law

It has been over 15 years since the U.S. Supreme Court addressed the pleading of loss causation in securities fraud cases.

In its 2005 decision in Dura Pharmaceuticals Inc. v. Broudo, however, the court merely held that plaintiffs must plead and prove a causal connection between any alleged misrepresentations and the subsequent decline in the company's stock price.[1] It did not address exactly how courts are supposed to assess if loss causation has been adequately plead.

At a time when many securities class actions are based on external events that have led to a stock price drop — rather than internal...

Read "Justices Should Clarify Securities Fraud Loss Causation."

Originally published by law360

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More