Today, some hedge funds attack public companies for the sole purpose of inducing a short-lived panic which they can exploit for profit. This sort of market manipulation harms average investors who entrust financial markets with their retirement savings. While short selling serves a critical function in the capital markets, some short sellers disseminate negative opinion about a company, inducing a panic and sharp decline in the stock price, and rapidly close that position for a profit prior to the price partially or fully rebounding. We urge the SEC to enact two rules which will discourage manipulative short selling. The petition for rule-making on short and distort has been jointly signed by twelve securities law professors nationwide.
Coffee, John C. and Mitts, Joshua and Cox, James D. and Molk, Peter and Greene, Edward and Thomas, Randall S. and Thomas, Randall S. and Eisenberg, Meyer - and Thompson, Robert B. and Honigsberg, Colleen and Verstein, Andrew and Langevoort, Donald C. and Whitehead, Charles K., Petition for Rulemaking on Short and Distort (February 16, 2020). Available at SSRN: https://ssrn.com/abstract=3538340 or http://dx.doi.org/10.2139/ssrn.3538340