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March 1, 2013Roger B. Greenberg, Thane Tyler Sponsel III
Restoring the Balance of Class Certification Power in the Fifth Circuit: the United States Supreme Court’s Opinion in Erica P. John Fund, Inc. v. Halliburton, Co.
The Fifth Circuit, like other circuits, occasionally finds itself in conflict with the other circuit courts. Oscar Private Equity Investments v. Allegiance Telecom, Inc. and Archdiocese of Milwaukee Supporting Fund, Inc. v. Halliburton Co. created one of these conflicts in the context of class certification under Federal Rule of Civil Procedure 23. On June 6, 2011, the United States Supreme Court resolved this conflict with its unanimous decision in Erica P. John Fund, Inc. v. Halliburton Co.
November 1, 2019Kenneth Geisler II
Hacking Wall Street: Reconceptualizing Insider Trading Law For Computer Hacking and Trading Schemes
Kenneth Geisler II: Current securities law is ill-equipped to deal with computer hackers. He says unlike the typical defendants in insider trading cases, hackers owe no fiduciary duty to shareholders. He argues the SEC has relied on a novel theory of liability that treats hacking and trading as a form of deception.