In a number of cases during the past decade, the Supreme Court has construed strictly various provisions of the federal securities laws and has applied restrictively the implied rights of action doctrine. Nonetheless, the Court has recognized an implied private right of action for damages under...

During the past decade, Canada has seen a dramatic rise in securities class action lawsuits. The vast majority of these lawsuits have been filed in Ontario, the location of Canada's principal public securities market, the Toronto Stock Exchange (TSX). The most likely explanation for this...

Professor Alan Bromberg was the foremost authority in the law of Rule 10b-5. In this article, the author Professor Marc Steinberg, Professor Bromberg's colleague for 25 years, highlights Professor Bromberg's scholarship in this area. Focusing on key U.S. Supreme Court decisions and congressional...

The article is the author’s invited lead contribution to the commemorative issue of the Washburn Law Journal. The journal was celebrating its fifty years of superb scholarship with a key focus on the 100th anniversary of the Kansas "blue sky" statute, the first meaningful state securities...

Recent judicial and regulatory developments suggest that investors in many states may enjoy greater protection under their applicable state securities and common laws than under the federal securities laws. This Article addresses the Securities and Exchange Commission’s and the states’...

Since 1988, organizations have focused greater attention on compliance programs designed to prevent insider trading by their personnel. In that year, the Insider Trading and Securities Fraud Enforcement Act (ITSFEA) was enacted into law. Certainly, insider trading was a concern to organizations...

This article focuses on the Supreme Court’s recent enhancement of Rule 8(a)(2)’s pleading standard to approach the heightened fraud pleading standards under Rule 9(b) and the PSLRA. The authors posit that the introduction of a tacit “probability requirement” into the basic pleading...

The recently promulgated SEC rules and judicial precedent impacting upon the parameters of section 16(b) are the focus of this article. First, this work will address the issue of standing to sue under section 16(b), focusing on the ramifications of the recent Supreme Court decision in Gollust v....