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Better Bounty Hunting
(Northwestern University Law Review, 2014)
The SEC’s new whistleblower bounty program has provoked significant controversy. That controversy has centered on the failure of the implementing rules to make internal reporting through corporate compliance departments a ...
The Reasonable Investor of Federal Securities Law
(The Journal of Corporation Law, 2017)
Federal securities law defines the materiality of corporate disclosures by reference to the views of a hypothetical “reasonable investor.” For decades the reasonable investor standard has been a flashpoint for debate — ...
Fraud on the Market: An Action Without a Cause
(University of Pennsylvania Law Review, 2011)
This is a response to William W. Bratton & Michael L. Wachter, The Political Economy of Fraud on the Market, 160 U. PA. L. REV. 69 (2011). Bratton and Wachter argue that fraud-on-the-market class actions (FOTM) should be ...