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Will Arbitration End Securities Litigation?


Daniel J. Morrissey


Gonzaga University - School of Law

March 12, 2012

Journal of Securities Regulation, 2012
Gonzaga University School of Law Research Paper No. 2012-4

Abstract:     
Investors are given powerful tools to recover for shareholder fraud, both by way of class action suits brought under the federal securities laws and derivative suits. Recent Supreme Court decisions however that favor mandatory arbitration may allow companies to compel their stockholders to forgo class actions and derivative suits and to bring all shareholder fraud claims as single party arbitration. The article discusses how this would seriously imperil needed remedies to combat corporate corruption.

Number of Pages in PDF File: 14

Keywords: securities arbitration, securities class actions, derivative suits

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Date posted: April 30, 2012 ; Last revised: August 1, 2012

Suggested Citation

Morrissey, Daniel J., Will Arbitration End Securities Litigation? (March 12, 2012). Journal of Securities Regulation, 2012; Gonzaga University School of Law Research Paper No. 2012-4. Available at SSRN: http://ssrn.com/abstract=2048707

Contact Information

Daniel J. Morrissey (Contact Author)
Gonzaga University - School of Law ( email )
721 N. Cincinnati Street
Spokane, WA 99220-3528
United States

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