Litigation Issues in Distribution of Securities: An International Perspective: An International Perspective(International Bar Association Series Set)

Based upon the papers presented at a joint session of the International Litigation and Securities committees of the Section on Business Law at the 1995 International Bar Association conference in Paris, this book is collected under five broad topics: disclosure and misrepresentation; conflicts of interest; class actions; damages; and international enforcement. Given the prevalence of securities litigation in the United States as compared to other jurisdictions, a particular effort has been made to obtain a comprehensive set of papers on American aspects of these topics. Other significant capital markets include: Australia, UK, France, Korea, Spain and Switzerland.

Table of Contents:
Part 1 Disclosure standards and liability for misrepresentation: Securities disclosure requirements in the United States, Y. Ergas, I.A. Greenstein; An overview of liability for misrepresentations and omissions under the United States Securities laws, G.M. Petrick; Disclosure standards in Canada, J.C. Smart, P.L. Olasker; Liability for misrepresentation in the distribution of Securities in Canada, W.G. Horton, K.J. Manning; Disclosure standards in Japan, S. Takahashi; Disclosure standards in Korea, S.C. Kim; Disclosure standards in Spain, J.S. Ramirez; Liability for misrepresentation in Spain - basis of liability and defences, C.P. Campos, J.M. Julia; Disclosure standards and liability for misrepresentation and omissions under French Securities laws, D. Borde; Disclosure standards and liability for misrepresentation in the Netherlands, P. Bannier; Liability for misrepresentation in England - basis of liability and defences, D. Gold. Part 2 Conflicts of interest: Conflicts of interest in the distribution of Securities under English law, M. Wippell; Conflicts of interest in the distribution of Securities under Netherlands law and remedies, J. Willeumier; Conflicts of interest in the distribution of Securities under Canadian law and remedies, J.S.M. Turner; Conflicts of interest in the distribution of Securities - United States of America, S.L. Grossman, M.L. Herman. Part 3 Class Actions: Securities Class Actions in the United States, P.J. Coughlin, E.A. Isaacson; The dynamics of the Class Actions settlement process in the United States, G.A. Davidson, D.J.T. Adler; Class Actions in Australia, P. Butler; Class Actions in Ontario - fresh prospects for Securities litigation? C.F. Scott, J. Walker. Part 4 Assessment of damages: Issues in relation to the assessment of damage in securities litigation, V.E.M. Davies; damages for securities fraud under United States law, S.S. Sullivan et al. Part 5 International enforcement: Some international issues in the United States Securities and exchange commission's enforcement program, T.C. Newkirk; enforcement in Switzerland of decisions of foreign tribunals and courts based on the Securities laws of other jurisdictions, R. Furter; Enforcement in England of decisions of foreign tribunals and courts based on the securities laws of other jurisdictions, B.R.I. Nicholson, A. Poole; Enforcement in Australia of decisions of foreign tribunals and courts based on the Securities laws of other jurisdictions, P.J. Perry, R. John.