Fraud

Ann Morales Olazábal & Patricia Sanchez Abril, In Honor Of Walter O. Weyrauch: The Ubiquity of Greed: A Contextual Model for Analysis of Scienter?

60 Fla. L. Rev. 401 (2008) | | | | ABSTRACT :: Some securities fraud plaintiffs contend that greed-in the form of perpetuating a prestigious executive position, ensuring a gainful bonus, or maintaining the appearance of corporate profitability-is a bona fide motive evidencing scienter. But currently, no single judicial standard or analytical rubric guides the […]

Ann M. Scarlett, Confusion and Unpredictability in Shareholder Derivative Litigation: The Delaware Courts' Response to Recent Corporate Scandals

60 Fla. L. Rev. 589 (2008) | | | | ABSTRACT :: The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts’ response to these scandals and concludes that the courts have created doctrinal confusion […]

Verity Winship, Fair Funds and the SEC's Compensation of Injured Investors

60 Fla. L. Rev. 1103 (2008) | | | | ABSTRACT :: The Fair Fund provision of Sarbanes-Oxley allows the SEC to distribute money penalties to injured investors, heralding a new compensatory role for the agency. The SEC has announced that it will direct money to injured investors whenever possible, but has not articulated clear […]