Securities Litigation: Damages (Vol. 26 & 26A, Securities Law Series)

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Learn how to analyze and calculate damages in securities litigation. This text offers a formula for the basic principles of damage determination, especially those related to Rule 10b-5. It pulls together case law and theory, the law of damages, and the law of securities to help you make or defend your case.

Features

Considers express and implied remedies under each section of the securities laws
Covers availability of damages from other securities violations
Presents substantive law of getting and calculating damages
Provides jury instructions to help you frame complex facts and issues

Summary of contents
Replacement pages

Part I. Introduction
Chapter
1. Overview
2. Regulation of Limited Liability Companies under the Federal Securities Laws
3. The Private Securities Litigation Reform Act of 1995
4. Empirical Analysis of Class Action Securities Litigation under the Private Securities Litigation Reform Act
5. The Scope of Federal Securities Regulation
6. a. The Sarbanes-Oxley Act of 2002
7. b. The Sarbanes-Oxley Act's unnoticed enhancement of private civil liability under the Securities Law
Part II. Damages under the Securities Act of 1933
1. Section 11, Securities Act of 1933
2. Damages for Violations of Section 12, Securities Act of 1933
Part III. Damages from Express Remedies under the Securities Exchange Act of 1934
1. Sections 9(c), 16(b) and 18 Damages
  1. Introduction
  2. Section 9(E)
  3. Section 16
  4. Section 18
Part IV. Implied Remedies for Securities Fraud
1. Nature of Implied Remedies
2. Rule 10b-5
3. Loss Causation in Rule 10b-5 Cases
4. Statutory Guidance for Rule 10b-5 Damages
5. Supreme Court Rule 10b-5 Damages Guidance
6. Rule 10b-5 Damages in Lower Courts
Part V. Specific Sources of Damages
1. Damages in Insider Trading, Churning and Secondary Liability Litigation
2. Private Remedies for Interference with the Market for Corporate Control
3. Causation in Proxy Fraud Litigation
4. Defining Material Facts in Securities Fraud Damages Actions
5. Damages in Additional Implied Securities Actions
Part VI. Ancillary Sources of Damages
1. Contribution and Indemnification
2. Attorney Fees, Costs and Interest
3. RICO and State Law
4. Extraordinary Private Remedies
Part VII. Litigation and Practice
1. Litigating Securities Law Damages Issues
2. Litigating a Class Action under the Federal Securities Laws
3. Subrogation and Assignment of Securities Fraud Claims
4. The International Scope of the Federal Securities Laws
5. Transactional Jurisdiction and the Internet
6. Conclusion
Appendices

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