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European Company and Financial Law Review

Ed. by Hirte, Heribert

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Volume 6, Issue 2-3 (Jan 2009)


Mapping the American Shareholder Litigation Experience: A Survey of Empirical Studies of the Enforcement of the U.S. Securities Law

James D. Cox
  • *Brainerd Currie Professor of Law, Duke University School of Law.
/ Randall S. Thomas
  • **John S. Beasley II Professor of Law and Business, Vanderbilt University School of Law and Owen Graduate School of Management.
Published Online: 2009-08-17 | DOI: https://doi.org/10.1515/ECFR.2009.164

In this paper, we provide an overview of the most significant empirical research that has been conducted in recent years on the public and private enforcement of the U.S. federal securities laws. The evidence reviewed shows that the PSLRA's provisions have largely achieved their intended purposes. For example, many more private suits are headed by an institutional lead plaintiff, such plaintiffs appear to fulfill the desired role of monitoring the suit's prosecution and their presence is associated with suits yielding better settlements and lower attorneys' fees awards. SEC enforcement efforts, while significant, have tended to focus on weaker targets, suggesting that the big fish get away.

About the article

Published Online: 2009-08-17

Published in Print: 2009-08-01

Citation Information: European Company and Financial Law Review, ISSN (Online) 1613-2556, ISSN (Print) 1613-2548, DOI: https://doi.org/10.1515/ECFR.2009.164.

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