Stock fraud case awards? Go figure; calculating compensatory damages in securities fraud cases is no simple matter
Article Abstract:
Controversy persists about the method for computing securities fraud damages, but the efficient-market hypothesis is a good place to start Section 21D(e) of the Securities Reform Act of 1995 relates to the usage of market price as a basis for damage calculation and acknowledges that securities prices may change for reasons unrelated to the fraud. California's Proposition 211, on the Nov 1996 ballot, seems to conflict with this section's damage limitations and holds that a security's market value reflects the impact of prohibited conduct. If this proposition passes, other states may follow suit.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Damages experts retained early can win cases: an expert hired at the outset of a case can help an attorney in formulating a discovery plan
Article Abstract:
Damages experts can be useful at all stages of litigation. In the earliest stages, they can help an attorney decide whether to accept a case and can help develop a discovery plan. Preparation for deposing the other side's damages expert is extremely important and should include a search of professional literature for anything by the expert, an analysis of transcripts of any testimony the expert has given in other cases and of reference books in the field. At deposition, attorneys should try to get the opposing expert to take firm positions, leaving them little room to maneuver at trial.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Awards in false-ad cases are climbing
Article Abstract:
Courts in the 1980s and '90s have been more inclined to rule against defendants in false advertising cases. The causes of action and relief available are covered in section 35(a) and 43(a) of the Lanham Act. Class actions under the Lanham Act have increased. The US District Court for the District of New Jersey permitted a class action against a meat wholesaler for false advertising in the case of Maguire v Sandy Mac Inc. In general, damages awarded show the importance of evidence of intent or willfulness on the amount awarded.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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- Abstracts: Court will exclude defective damages evidence. Science and courts still struggle to cooperate. Expert witness; libel experts
- Abstracts: Regulations, new codes may dictate changes in firms' phone systems; ADA compliance may necessitate upgrades. Integrating phone, fax and E-mail
- Abstracts: In-house staffing plan needs fresh approach. Contact sport. Preparation of witnesses may well determine company's fate at trial
- Abstracts: Attorneys make more use of PCs. Outsourcing firms now offer new technologies: law firms are contracting with outside companies for services formerly handled internally
- Abstracts: Twilight of the cartel. Defending securities fraud class actions in state courts raises many procedural and substantive issues different from those being litigated in federal court