August 17, 2017Publication

U.S. Supreme Court Securities-Fraud Jurisprudence: An Emerging New Direction?

Washington Legal Foundation Critical Legal Issues Working Paper Series

Kristin Beneski and Douglas Greene co-authored an August 10 paper titled, “US Supreme Court Securities-Fraud Jurisprudence: An Emerging New Direction?” for the Washington Legal Foundation, Critical Legal Issues Working Paper Series.

The Working Paper examines several key areas of securities-fraud jurisprudence that are currently under reconsideration by the US Supreme Court. Decisions the Court has issued over the past several years reflect an increasing skepticism of implied private rights of action, as well as a greater appreciation for how a lower standard for demonstrating the falsity of statements chills information sharing in the securities markets.