18.8 Securities-Causation
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Employee Retirement Income Security Act stock drop litigation is a lawsuit brought against corporate directors and officers and trustees of corporate 401(k) plans after the company's stock drops sharply resulting in 401(k) losses.
As a reminder, a corrective disclosure occurs when ?information correcting the misstatement or omission that is the basis for the action is disseminated to the market.? 15 U.S.C. § 78u-4(e)(1).
"The usual measure of damages for securities fraud claims under Rule 10b-5 is out-of-pocket loss; that is, the difference between the value of what the plaintiff gave up and the value of what the plaintiff received. Consequential damages may also be awarded if proved with sufficient certainty. . . .
The Ninth Circuit has stated that "typically, 'to satisfy the loss causation requirement, the plaintiff must show that the revelation of that misrepresentation or omission was a substantial factor in causing a decline in the security's price, thus creating an actual economic loss for the plaintiff.
10 · What is a securities class action? A securities class action is a case brought pursuant to Federal Rule of Civil Procedure 23 on behalf of a group of persons who purchased the securities of a particular company during a specified period of time (the class period).
In general, federal securities laws require that issuers disclose to investors all material information they need to make sound investment decisions.
