Why Abolishing Basic Would Backfire — Badly

Law360, New York (February 22, 2017, 11:37 AM EST) -- The villain in the fight against securities class actions is the fraud-on-the-market presumption of reliance established by the U.S. Supreme Court in 1988 in Basic Inc. v. Levinson, 485 U.S. 224 (1988). Without Basic, the thinking goes, a plaintiff could not maintain a securities class action, and without securities class actions, executives could speak their minds without worrying so much about securities law liability. In the current environment, the risk of further attacks on Basic seems high. (A general class action reform bill, the "Fairness in Class Action Litigation Act of 2017," has already been introduced in the House — analyzed by Alison Frankel here, and by Kevin LaCroix here.)...

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