Securities litigation is a complex. multi-billion dollar enterprise that raises a host of intricate legal, economic, and social policy issues. This course addresses criminal, SEC civil, and private enforcement of the federal securities laws, with a focus on "big-ticket" litigation that illuminates underlying policy tensions. The course addresses a range of strategic litigation issues, and emphasizes elements of practice that are not apparent from decided cases, such as mechanisms that generate settlement pressure on corporate and individual defendants, business challenges to plaintiffs seeking to bring class actions, and the debate over the failure to prosecute individuals in connection with the 2008-09 financial crisis. The course also addresses the international dimension of securities litigation by examining the implications of the Supreme Court's Morrison decision, and the operation of the Foreign Corrupt Practices Act. Students interested in a complete understanding of the federal securities laws are urged to take the Winter Capital Market course, though it is not a prerequisite for this course. Elements used in grading: Final Exam.
Instructors for this course (Past and Present)Ronald J. Gilson
Joseph A. Grundfest