entity · derived

Fraud on the market

6 claims across 2 works, 2010–2012.

Derived node: assembled mechanically from the claims carrying fraud-on-the-market. A roster, not an adjudicated definition.

Every claim under this term

1664809-017 2010 definitional: In US securities class actions plaintiffs may proceed on the fraud on the market theory rather than proving actual reliance on misleading statements, an approach that has been rejected in most other c
1664809-018 2010 failure: Applying section 10(b) and Rule 10b-5 together with the fraud on the market theory substantially increases the potential liability of issuers and can lead to questionable results, which is why EU juri
2029983-013 2012 failure: Because Section 929P did not restore private rights of action, the most powerful weapon in plaintiffs' arsenal, the fraud-on-the-market theory in class actions, is thwarted wherever the transaction to
2029983-017 2012 mechanism: The requirement that each plaintiff show individual reliance, followed in most jurisdictions outside the United States, is not merely a substantive difference: it undermines collective litigation beca
2029983-018 2012 failure: Despite signs of movement in that direction, there is as yet no genuine European substitute for the U.S. securities class action brought under the fraud-on-the-market theory.
2029983-027 2012 mechanism: Because the Dutch Supreme Court's World Online presumption of reliance can be extended to ad hoc disclosure violations and misleading periodic reports, the Dutch legal system could compete effectively