The Experts below are selected from a list of 1617 Experts worldwide ranked by ideXlab platform

Jasmine Williams - One of the best experts on this subject based on the ideXlab platform.

Paul J Stancil - One of the best experts on this subject based on the ideXlab platform.

  • short sellers short squeezes and securities fraud
    Social Science Research Network, 2021
    Co-Authors: Christine A Hurt, Paul J Stancil
    Abstract:

    The modern securities fraud Class Action Lawsuit rests on a legal fiction. Plaintiffs are able to bring claims together and avoid proving individual reliance because over thirty years ago, the Supreme Court assumed that almost all investors purchase and sell securities based on their belief that the market price is accurate. In today's world of short sellers, options traders, algorithmic traders, and institutional investors with more valuation tools than the issuers themselves, that assumption cannot hold. These atypical traders, particularly short sellers, are becoming more and more visible in Class Actions as lead plaintiffs and lead plaintiff candidates, and sometimes as defendants. Courts have not decided exactly what to do with short sellers in securities fraud cases, and this Article is one of the first to create a theoretical and normative framework for atypical investors in the securities fraud paradigm. Building on a dataset of all 10b-5 cases filed in federal court in 2017, this Article explores the questions of when and whether short sellers and other atypical traders should benefit from the securities fraud Class Action structure.

Akil Anthony - One of the best experts on this subject based on the ideXlab platform.

  • A Monte-Carlo Analysis of Monetary Impact of Mega Data Breaches
    ODU Digital Commons, 2021
    Co-Authors: Canan Mustafa, Ilker Poyraz Omer, Akil Anthony
    Abstract:

    The monetary impact of mega data breaches has been a significant concern for enterprises. The study of data breach risk assessment is a necessity for organizations to have effective cybersecurity risk management. Due to the lack of available data, it is not easy to obtain a comprehensive understanding of the interActions among factors that affect the cost of mega data breaches. The Monte Carlo analysis results were used to explicate the interActions among independent variables and emerging patterns in the variation of the total data breach cost. The findings of this study are as follows: The total data breach cost varies significantly with personally identifiable information (PII) and sensitive personally identifiable information (SPII) with unique patterns. Second, SPII must be a separate independent variable. Third, the multilevel factorial interActions between SPII and the other independent variables elucidate subtle patterns in the total data breach cost variation. Fourth, Class Action Lawsuit (CAL) categorical variables regulate the variation in the total data breach cost

  • A Monte-Carlo Analysis of Monetary Impact of Mega Data Breaches
    'IGI Global', 2021
    Co-Authors: Canan Mustafa, Poyraz, Omer Ilker, Akil Anthony
    Abstract:

    The article of record as published may be found at http://dx.doi.org/10.4018/IJCWT.2021070105The monetary impact of mega data breaches has been a significant concern for enterprises. The study of data breach risk assessment is a necessity for organizations to have effective cybersecurity risk management. Due to the lack of available data, it is not easy to obtain a comprehensive understanding of the interActions among factors that affect the cost of mega data breaches. The Monte Carlo analysis results were used to explicate the interActions among independent variables and emerging patterns in the variation of the total data breach cost. The findings of this study are as follows: The total data breach cost varies significantly with personally identifiable information (PII) and sensitive personally identifiable information (SPII) with unique patterns. Second, SPII must be a separate independent variable. Third, the multilevel factorial interActions between SPII and the other independent variables elucidate subtle patterns in the total data breach cost variation. Fourth, Class Action Lawsuit (CAL) categorical variables regulate the variation in the total data breach cost

Fitzpatrick, Brian T. - One of the best experts on this subject based on the ideXlab platform.

  • Justice Scalia and Class Actions: A Loving Critique
    NDLScholarship, 2017
    Co-Authors: Fitzpatrick, Brian T.
    Abstract:

    I am not sure any other Justice of the Supreme Court in American history has done more to hinder the Class Action Lawsuit than Justice Scalia did. Under the auspices of the Federal Arbitration Act (FAA), the Justice authored two majority opinions giving a green light to corporations that want to opt out of Class-wide liability entirely so long as they do so using arbitration contracts. It is very hard to square these opinions with either the text or the history of the FAA. In Part I of this Essay, I review the Justice’s Class Action opinions; I give special emphasis to his opinions interpreting the FAA and explain why I think it is hard to square those decisions with either text or history. In Part II, I explain why I think even conservative and libertarian ideology may not be consistent with the Justice’s FAA opinions

  • Justice Scalia and Class Actions
    Scholarship@Vanderbilt Law, 2017
    Co-Authors: Fitzpatrick, Brian T.
    Abstract:

    I have been asked to write an essay on Justice Scalia\u27s Class Action jurisprudence and although I suspect many readers will find this surprising because the Justice is so often linked to constitutional law, I actually think that his Class Action jurisprudence may be where his opinions leave some of the biggest marks. To be as blunt about it as the Justice himself would have been: for better or for worse, I am not sure any other Justice of the Supreme Court in American history has done more to hinder the Class Action Lawsuit than Justice Scalia did. The Justice did his damage not so much in his opinions interpreting the Federal Rules of Civil Procedure-there, his opinions gave both sides of the Class Action divide something to like-but in his opinions interpreting the Federal Arbitration Act (FAA). Under the auspices of the FAA, the Justice authored two majority opinions giving a green light to corporations that want to opt out of Class-wide liability entirely so long as they do so using arbitration contracts. I am one of the Justice\u27s biggest fans. But his FAA opinions are not my favorites of his opinions. As many commentators have noted, it is very hard to square these opinions with either the text or the history of the FAA. For these reasons, many commentators have assumed that Justice Scalia was more animated by his conservative ideological preferences in these cases than to his fidelity to the original understanding of the text. That may be although the Justice tried very hard to separate his personal views from his jurisprudential views, he was not superhuman-but, if it is what motivated these decisions, I am not sure the Justice got it right on this point either. On a superficial level, of course, conservatives tend to side with the interests of corporations and liberals with the interests of plaintiffs\u27 lawyers. But not always. There are plenty of times when conservative principles deviate from corporate interests. As I explain, I wonder if Class Action waivers should be one of these times. In my view, it is hard to see how the conservative (and, often, libertarian) free market principles that Justice Scalia and I shared suggest that corporations should be allowed to opt out of Class Action Lawsuits. In Part I of this Essay, I review the Justice\u27s Class Action opinions; I give special emphasis to his opinions interpreting the FAA and explain why I think it is hard to square those decisions with either text or history. In Part II, I explain why I think even conservative and libertarian ideology may not be consistent with the Justice\u27s FAA opinions

Karim Martin - One of the best experts on this subject based on the ideXlab platform.

  • Class Actions
    2021
    Co-Authors: Karim Martin
    Abstract:

    Class Actions Abstract This thesis deals with Class Actions. These are currently (and rightly so) a much-discussed topic. On March 6, 2020, the government submitted a government bill on collective proceedings, which is controversial, primarily due to its inspiration in the American Class Action Lawsuit. The main thorn in the side of the bill's critics is that the government proposal includes the opt-out proceedings, i.e. the type of proceedings that forces the Class members to deregister. It is present in the current proposal along with the opt-in proceedings, which are guided by the opposite principle. This thesis examined, in particular, the appropriateness of adopting collective proceedings into the Czech legal order and the potential problems that the proposed arrangement may cause. Regulations on collective redress in the US (which has been an original idea source for the government bill) and the Netherlands (which shares some aspects with the current version of the bill after its January amendment) were also examined. From the methodological point of view, analytical, normative, comparative, and synthetic approaches were mainly used in this thesis. First, an analysis of legislation, literature and case law was performed. The current government bill on collective proceedings was extensively commented..

  • Class Actions
    Univerzita Karlova Právnická fakulta, 2021
    Co-Authors: Karim Martin
    Abstract:

    Hromadné žaloby Abstrakt Tato práce pojednává o hromadných žalobách. Ty jsou v současné době (oprávněně) velmi diskutovaným tématem. Vláda předložila předsedovi Poslanecké sněmovny 6. 3. 2020 vládní návrh zákona o hromadném řízení, který je kontroverzní zejména svou inspirací v americké Class Action. Hlavním trnem v očích kritiků vládního návrhu je odhlašovací řízení, tedy řízení, ze kterého se členové skupiny musí odhlásit. To v současném návrhu figuruje vedle řízení přihlašovacího, které funguje na opačném principu. Tato práce zkoumá zejména vhodnost přijetí úpravy hromadného řízení a možné problémy, které může navrhovaná úprava přinést. Rovněž byly zkoumány úpravy hromadných žalob v USA (které bylo od počátku ideovým zdrojem návrhu) a Nizozemí (jehož úpravě po lednové novelizaci se v některých aspektech současný návrh podobá). Hlavním cílem práce bylo přispět k odborné diskusi o návrhu zákona o hromadném řízení a poukázat na některé potenciální problémy. Z metodologického hlediska byly při tvorbě práce zejména užity analytický, normativní, komparativní a syntetický přístup. Nejprve byla provedena analýza legislativy, odborné literatury i judikatury. Aktuální vládní návrh zákona o hromadném řízení byl rozsáhle normativně komentován a byla provedena komparace s vybranými zahraničními právními úpravami....Class Actions Abstract This thesis deals with Class Actions. These are currently (and rightly so) a much-discussed topic. On March 6, 2020, the government submitted a government bill on collective proceedings, which is controversial, primarily due to its inspiration in the American Class Action Lawsuit. The main thorn in the side of the bill's critics is that the government proposal includes the opt-out proceedings, i.e. the type of proceedings that forces the Class members to deregister. It is present in the current proposal along with the opt-in proceedings, which are guided by the opposite principle. This thesis examined, in particular, the appropriateness of adopting collective proceedings into the Czech legal order and the potential problems that the proposed arrangement may cause. Regulations on collective redress in the US (which has been an original idea source for the government bill) and the Netherlands (which shares some aspects with the current version of the bill after its January amendment) were also examined. From the methodological point of view, analytical, normative, comparative, and synthetic approaches were mainly used in this thesis. First, an analysis of legislation, literature and case law was performed. The current government bill on collective proceedings was extensively commented...Department of Civil LawKatedra občanského právaPrávnická fakultaFaculty of La