kaal:claim:1765901-009

Judge Baer's dismissal of the Porsche complaint reaches the correct result under Morrison, but parts of his reasoning require further refinement.

In sum, Judge Baer's holding is correct under Morrison, but some of the reasoning needs further refinement.

Kaal and Painter, The Aftermath of Morrison v. National Australia Bank and Elliott Associates v. Porsche (2011), II. Open Questions After Morrison; 2. Does Section 10(b) Apply to Derivative Transactions in the U.S. that Are Based on Foreign Traded Stocks?, p. 10
https://ssrn.com/abstract=1765901 · source PDF

Kaal and Painter, The Aftermath of Morrison v. National Australia Bank and Elliott Associates v. Porsche (2011). SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1765901

• security-based swap agreements referencing foreign traded stock

normativesupport: arguedinstitutional-design

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Attestation record: colloquium/attestations/677b82774a9762a9...json
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