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Mapping the American Shareholder Litigation Experience: A Survey of Empirical Studies of the Enforcement of the U.S. Securities Law

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Listed:
  • Cox James D.

    (*Brainerd Currie Professor of Law, Duke University School of Law.)

  • Thomas Randall S.

    (**John S. Beasley II Professor of Law and Business, Vanderbilt University School of Law and Owen Graduate School of Management.)

Abstract

In this paper, we provide an overview of the most significant empirical research that has been conducted in recent years on the public and private enforcement of the U.S. federal securities laws. The evidence reviewed shows that the PSLRA's provisions have largely achieved their intended purposes. For example, many more private suits are headed by an institutional lead plaintiff, such plaintiffs appear to fulfill the desired role of monitoring the suit's prosecution and their presence is associated with suits yielding better settlements and lower attorneys' fees awards. SEC enforcement efforts, while significant, have tended to focus on weaker targets, suggesting that the big fish get away.

Suggested Citation

  • Cox James D. & Thomas Randall S., 2009. "Mapping the American Shareholder Litigation Experience: A Survey of Empirical Studies of the Enforcement of the U.S. Securities Law," European Company and Financial Law Review, De Gruyter, vol. 6(2-3), pages 164-203, January.
    • Handle: RePEc:bpj:eucflr:v:6:y:2009:i:2-3:p:164-203:n:2
    DOI: 10.1515/ECFR.2009.164
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    Cited by:

    1. Xi Li & Amir N. Licht & Christopher Poliquin & Jordan I. Siegel, 2015. "What Makes the Bonding Stick? A Natural Experiment Involving the U.S. Supreme Court and Cross-Listed Firms," HKUST IEMS Working Paper Series 2015-19, HKUST Institute for Emerging Market Studies, revised Mar 2015.
    2. Krishnan, C.N.V. & Masulis, Ronald W. & Thomas, Randall S. & Thompson, Robert B., 2012. "Shareholder litigation in mergers and acquisitions," Journal of Corporate Finance, Elsevier, vol. 18(5), pages 1248-1268.

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